S T A T E O F N E W Y O R K
I N S E N A T E
March 3, 2010
Introduced by Sen. DIAZ -- 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 the crime of criminal
street gang recruitment of a minor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 460.10 of the penal law is amended by adding a new
subdivision 5 to read as follows:
5. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION OF ONE OR MORE CRIMINAL
ACTS, WHICH HAS AN IDENTIFIABLE NAME OR IDENTIFYING SIGN OR SYMBOL, AND
WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN
CRIMINAL STREET GANG ACTIVITY.
S 2. The penal law is amended by adding a new section 460.65 to read
S 460.65 CRIMINAL STREET GANG RECRUITMENT OF A MINOR.
A PERSON IS GUILTY OF CRIMINAL STREET GANG RECRUITMENT OF A MINOR WHEN
HE OR SHE COERCES, SOLICITS, RECRUITS OR INDUCES A PERSON UNDER SIXTEEN
YEARS OF AGE TO JOIN OR REMAIN A MEMBER OF A CRIMINAL STREET GANG, OR
CONSPIRES TO DO SO.
CRIMINAL STREET GANG RECRUITMENT OF A MINOR IS A CLASS C FELONY.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.