The amendment replaces the aggravating factor outlined in section 9(1) (hb) with a new provision that removes the requirement for the court to establish the nature and extent of any connection between the offender and the offender's participation in an organised criminal group (as defined by Section 98A of the Crimes Act 1961) to ensure there are no undue limits on the consideration of a person's gang membership as an aggravating factor in sentencing.

[9] On 6 August, Labour MP Duncan Webb proposed an amendment to tighten the criteria for judges to impose mandatory sentences related to gang membership.

[12] Sentencing Amendment and Gangs Bills passed their third reading on 19 September 2024 by a margin of 68 to 55 votes along party lines.

Opposition MPs Duncan Webb, Tamatha Paul, Takutai Tarsh Kemp, Steve Abel, Willie Jackson.

Tracey McLellan and Ginny Andersen aruged that the two new bills failed to address the causes of crime and gang membership, and discriminated against Māori.