Bill Text: NY S00726 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the crimes of criminal street gang recruitment on school grounds in the first and second degree; adds definitional provisions relating to this new crime; permits localities to enact and enforce laws consistent with this act.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00726 Detail]
Download: New_York-2009-S00726-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
726
2009-2010 Regular Sessions
I N S E N A T E
January 14, 2009
___________
Introduced by Sens. C. JOHNSON, BRESLIN, DIAZ, KLEIN, ONORATO, SAMPSON,
SAVINO, THOMPSON, VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal street gang
activity on school grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 460.10 of the penal law is amended by adding four
2 new subdivisions 5, 6, 7 and 8 to read as follows:
3 5. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
4 OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
5 ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION OF ONE OR MORE CRIMINAL
6 ACTS, WHICH HAS AN IDENTIFIABLE NAME OR IDENTIFYING SIGN OR SYMBOL, AND
7 WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN
8 CRIMINAL STREET GANG ACTIVITY.
9 6. "CRIMINAL STREET GANG MEMBER" MEANS A PERSON TO WHOM TWO OR MORE OF
10 THE FOLLOWING CRITERIA APPLY:
11 (A) ADMITS TO CRIMINAL STREET GANG MEMBERSHIP;
12 (B) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A DOCUMENTED
13 RELIABLE INFORMANT;
14 (C) RESIDES IN OR FREQUENTS A PARTICULAR CRIMINAL STREET GANG'S AREA
15 AND ADOPTS ITS STYLE OF DRESS, ITS USE OF HAND SIGNALS OR ITS TATTOOS
16 AND ASSOCIATES WITH KNOWN CRIMINAL STREET GANG MEMBERS;
17 (D) HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF KNOWN CRIMINAL
18 STREET GANG MEMBERS FOR OFFENSES WHICH ARE CONSISTENT WITH USUAL CRIMI-
19 NAL STREET GANG ACTIVITY;
20 (E) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY PHYSICAL
21 EVIDENCE, SUCH AS PHOTOGRAPHS OR OTHER DOCUMENTATION;
22 (F) HAS BEEN STOPPED IN THE COMPANY OF KNOWN CRIMINAL STREET GANG
23 MEMBERS FOUR OR MORE TIMES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05839-01-9
S. 726 2
1 (G) HAS BEEN IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY OTHER LAW
2 ENFORCEMENT AGENCIES; OR
3 (H) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A FAMILY MEMBER.
4 7. "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OR ATTEMPTED
5 COMMISSION OF, OR SOLICITATION OR CONSPIRACY TO COMMIT, TWO OR MORE
6 CRIMINAL ACTS THAT:
7 (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
8 (B) ARE NEITHER ISOLATED INCIDENTS, NOR SO CLOSELY RELATED AND
9 CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS TO CONSTI-
10 TUTE A CRIMINAL OFFENSE OR CRIMINAL TRANSACTION, AS SUCH TERMS ARE
11 DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
12 (C) FURTHER A CRIMINAL STREET GANG BY: (I) BEING RELATED TO ONE
13 ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) WERE COMMITTED, SOLIC-
14 ITED, REQUESTED, IMPORTUNED OR INTENTIONALLY AIDED BY PERSONS ACTING
15 WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH CRIMINAL
16 ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL STREET GANG.
17 8. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
18 TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
19 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
20 AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
21 AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
22 REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED
23 AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
24 THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE
25 PURPOSE OF THIS SUBDIVISION, AN "ACCESSIBLE AREA TO THE PUBLIC" SHALL
26 MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND
27 RESTAURANTS.
28 S 2. The penal law is amended by adding three new sections 460.65,
29 460.66 and 460.67 to read as follows:
30 S 460.65 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE
31 SECOND DEGREE.
32 A PERSON IS GUILTY OF CRIMINAL STREET GANG RECRUITMENT ON SCHOOL
33 GROUNDS IN THE SECOND DEGREE WHEN, ON SCHOOL GROUNDS, HE OR SHE COERCES,
34 SOLICITS, RECRUITS, OR INDUCES ANOTHER PERSON TO JOIN OR REMAIN A MEMBER
35 OF A CRIMINAL STREET GANG, OR CONSPIRES TO DO SO.
36 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE SECOND
37 DEGREE IS A CLASS E FELONY.
38 S 460.66 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE FIRST
39 DEGREE.
40 A PERSON IS GUILTY OF CRIMINAL STREET GANG RECRUITMENT ON SCHOOL
41 GROUNDS IN THE FIRST DEGREE WHEN, ON SCHOOL GROUNDS, HE OR SHE USES OR
42 THREATENS THE USE OF PHYSICAL FORCE TO COERCE, SOLICIT, RECRUIT, OR
43 INDUCE ANOTHER PERSON TO JOIN OR REMAIN A MEMBER OF A CRIMINAL STREET
44 GANG, OR CONSPIRES TO DO SO, AND WHEN SUCH RECRUITMENT TAKES PLACE ON
45 SCHOOL GROUNDS.
46 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE FIRST DEGREE
47 IS A CLASS D FELONY.
48 S 460.67 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS; SUBSEQUENT
49 VIOLATIONS.
50 1. ANY PERSON WHO VIOLATES SECTION 460.65 OR 460.66 OF THIS ARTICLE
51 AFTER HAVING BEEN CONVICTED OF A VIOLATION OF SECTION 460.65 OR 460.66
52 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A
53 CLASS C FELONY.
54 2. ANY PERSON WHO VIOLATES SECTION 460.65 OR 460.66 OF THIS ARTICLE
55 AFTER HAVING TWICE BEEN CONVICTED OF A VIOLATION OF SECTION 460.65 OR
S. 726 3
1 460.66 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF
2 A CLASS B FELONY.
3 S 3. Section 70.40 of the penal law is amended by adding a new subdi-
4 vision 4 to read as follows:
5 4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
6 OTHER PROVISION OF LAW, ANY PERSON SENTENCED TO A PERIOD OF INCARCERA-
7 TION FOR A VIOLATION OF SECTION 460.65 OR 460.66 OF THIS CHAPTER MAY, AS
8 A CONDITION OF RELEASE ON PAROLE, BE PROHIBITED FROM ASSOCIATING WITH
9 THE MEMBERS OF A CRIMINAL STREET GANG. FOR THE PURPOSES OF THIS SECTION,
10 "CRIMINAL STREET GANG" SHALL BE DEFINED IN ACCORDANCE WITH THE
11 PROVISIONS OF SECTION 460.10 OF THIS CHAPTER.
12 S 4. Local laws; preemption. Nothing in this act shall prevent a local
13 governing body from adopting and enforcing laws consistent with this act
14 relating to criminal street gang activity on school grounds and criminal
15 street gang violence. Where local laws duplicate or supplement this act,
16 this act shall be construed as providing alternative remedies and not as
17 preempting such local laws.
18 S 5. Severability. If any part or provision of this act, or the appli-
19 cation thereof to any person or circumstance, is held invalid, the
20 remainder of this act, including the application of the part or
21 provision to other persons or circumstances, shall not be affected
22 thereby and shall continue in full force and effect. To this end, the
23 provisions of this act are severable.
24 S 6. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law.
