BILL NUMBER: S726
TITLE OF BILL :
An act to amend the penal law, in relation to criminal street gang
activity on school grounds
To establish the crime of criminal street gang recruitment on school
SUMMARY OF PROVISIONS :
Section 1 amends Section 460.10 of the Penal Law by adding
subdivisions 5, 6, 7 and 8. These additions create a definition for
"criminal street gang" and establish multiple criteria that an
individual must meet in order to be positively identified as a
"criminal street gang member," and creates a definition for "criminal
street gang activity."
Section 2 amends the Penal Law by adding new sections 460.65 and
460.66, creating the crime of criminal street gang recruitment on
school grounds in the second and first degrees. This section also adds
a new section 460.67, which makes provisions for subsequent violations
of sections 460.65 and 460.66 within a ten-year period.
Section 3 amends Section 70.40 of the Penal Law to add a new
subdivision 4. This will permit, as a condition of release on parole
for an individual incarcerated for violating Sections 460.65 or
460.66, a prohibition on that individual from associating with a
"criminal street gang" as identified in section 460.10 of the Penal
Section 4 allows for local governments to adopt and enforce laws that
relate to criminal street gang recruitment on school grounds.
Section 5 establishes the severability of the provisions of this act
if any part or provision thereof is found to be invalid.
Section 6 establishes an effective date.
Criminal street gangs, seeking to expand the scope of their
activities, are constantly seeking to recruit new members into their
hierarchy. Increasingly, these gangs have turned to schools as a
potential source for new members. There are benefits for the gang
members staying in their neighborhood schools. A 1991 study reported
that an overwhelming majority of members wanted to stay in school
because they could congregate and discuss their activities in a social
arena, uphold their reputation as an established gang, flaunt their
gang status, display their strength of membership, provide protection
for their members, intimidate other students, recruit potential
members, and sometimes engage in criminal or violent acts. Of course,
these benefits for the gang have negative consequences for all
students, school personnel, school safety, and the overall educational
process. In seeking to recruit new members, these gangs create an
environment of fear and intimidation among students, disrupt the
educational function of a school and endanger the safety of teachers
and school employees. Additionally, these gangs often target for
recruitment those at-risk students who are most in danger of being
inducted into a gang and who can least afford to face a disruption to
their education. This bill would establish the new crime of gang
recruitment on school grounds to establish a deterrent effect against
these activities, as well as deny these criminal enterprises a pool of
potential new members.
LEGISLATIVE HISTORY :
2007-08 - S.3872 Referred to Codes
2005-06 - S.1926 Referred to Codes
2004 - S.851 Passed Senate 57-4
2003 - S.851 Passed Senate 57-1
2002 - S.854 Passed Senate 58-3
2001 - S.854 Referred to Codes
2000 - S.7382-A Passed Senate 60-1
FISCAL IMPLICATIONS :
EFFECTIVE DATE :
This act shall take effect on the first day of November following
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