senate Bill S1742

Amended

Enacts the criminal street gangs enforcement and prevention act; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 10 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 10 / Feb / 2012
    • PRINT NUMBER 1742A
  • 01 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 14 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1254
  • 14 / Jun / 2012
    • PASSED SENATE
  • 14 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2012
    • REFERRED TO CODES

Summary

Enacts the criminal street gang enforcement and prevention act; defines offenses; increases penalties; provides for gang prevention programs in schools; establishes the criminal street gang prevention fund; and develops a comprehensive approach to protecting public interests from gang related crime and violence.

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Bill Details

Versions:
S1742
S1742A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§120.06 & 120.07, add Title Y-2 Art 495 §§495.01 - 495.12, amd §§60.07, 70.02 & 130.91, Pen L; amd §1349, CPLR; add §97-kkkk, St Fin L; add Art 6-D §§169 - 169-o, renum §109 to be §110, add §109, Cor L; add Art 25 §§1210 - 1213, Ed L; add §837-s, Exec L; amd §10.03, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S2108, S7929

Sponsor Memo

BILL NUMBER:S1742

TITLE OF BILL:
An act
to amend the penal law, the civil practice law and rules, the
state finance law, the correction law, the education law, the executive
law and the mental hygiene law, in relation to defining offenses
involving criminal street gangs, creating the criminal street gang
prevention fund, enacting the criminal street gang registration act,
providing for gang prevention services in schools and creating the
office of criminal street gangs and youth violence; and to repeal
sections 120.06 and 120.07 of the penal law, relating to offenses of
gang assault

PURPOSE:
New York laws are insufficiently targeted to the prosecution
of criminal street gangs and the protection of public order and
individual safety against gang-related violence, because they lack
programs and activities specifically designed to prevent the growth
of criminal street gangs, facilitate prosecution and punishment of
members of criminal street gangs, and punish those who solicit others
to participate in criminal street gangs and in acts of gang-related
violence or who provide support or resources to those who commit or
encourage the commission of such acts.

SUMMARY OF PROVISIONS:
* Creates Title Y-2 of the Penal Law that governs offenses involving
criminal street gangs.

* Sets forth new penalties and sentencing enhancements for
participation in criminal gang activities:

Participation in a Criminal Street Gang:
Class A Misdemeanor for
participation in a criminal street gang with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity.

Participation in Criminal Street Gang Activity:
E Felony if a person
willfully and knowingly promotes, furthers, assists in, conducts, or
participates in the affairs of a criminal street gang by
participating in a pattern of criminal street gang activity, or
knowingly invests proceeds derived from criminal street gang
activity, or proceeds derived from the investment or use of those
proceeds, in an enterprise.

Solicitation for participation in a Criminal
Street Gang:
E felony
if a person solicits or recruits another to actively participate in a

criminal street gang; or threatens a person with physical violence
with the intent to coerce, induce, or solicit such person or another
to participate in a criminal street gang; or uses physical violence
to coerce, induce, or solicit another person to participate in a
criminal street gang.

Solicitation or recruitment of minors
for participation in a
Criminal Street Gang.
D felony if a person commit the crime of
solicitation for participation in a criminal street gang and the
person solicited or recruited is less than eighteen years of age.

Solicitation or recruitment of minors for
participation in a
Criminal Street Gang on School Grounds:
C felony if the crime of
solicitation or recruitment of minors for participation in a Criminal
Street Gang occurs on school grounds.

Provides stepped up sentencing for certain crimes committed
as part of gang activity

Abatement of premises used for criminal
street an activity:
Allows
abatement and damages if a building or place is used by members of a
criminal street gang for the purpose of engaging in a pattern of
criminal gang activity, except that the court cannot assess a civil
penalty against any person unless that person knew or should have
known of the unlawful acts committed on or in the premises. Requires
that damages be used for neighborhood improvement.

* Creates a fund and requires that forfeiture of monies from criminal
gang activities be placed in it.

o Money is allocated to the support of the Criminal Street Gang
Violence Prevention Program created by this act.

* Creates the Criminal Street Gang Registration Act modeled on the sex
crime offender registration.

* Allows DCJS to create a Criminal Street Gang Database.

* Provides for transfer of gang kingpins out of state, pursuant to
existing interstate compact.

* Creates the Gang Prevention program in the Education Department that
includes in-service training for school personnel.

* Allows establishment of Dress Code re Gang-related Apparel by school
districts.

Allows the governing board of any school district to adopt or
rescind a reasonable dress code policy that requires pupils to wear a
school wide uniform or prohibits pupils from wearing "gang-related
apparel" if the governing board of the school district approves a
plan that may be initiated by an individual school's principal,
staff, and parents and determines that the policy is necessary for
the health and safety of the school environment.

Creates the Criminal Street Gang and Violence Prevention Partnership
grant program to provide services and activities designed to prevent
or deter at-risk youth from participating in gangs, criminal
activity, or violent behavior.

Creates a new Office of Criminal Street Gangs and Youth Violence at
DCJS with vast coordinating powers.

JUSTIFICATION:

The threat of violence and the disruption of public order and safety
presented by criminal street gangs has reached a crisis point that
threatens the right of residents of this state to be secure and
protected from fear, intimidation, and physical harm. There have been
recent reports that gang members recruited girls as young as
15 years of age to serve in gangs. These girls were forced to
work as teen prostitutes to make money for the gang.

It is in the public interest to establish a comprehensive approach
to protect public order and individual safety against criminal street
gangs and gang-related violence, by severely criminalizing such
activities by creating anti-crime programs that focus on patterns
of criminal gang activity and organization, by expanding education
and intervention to prevent the growth of criminal street gangs,
and by establishing an ongoing system of tracking criminal gang
activity, as provided in this legislation.

LEGISLATIVE HISTORY:
S.7929 of 2010 - Referred to Codes

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect January 1 of the year next succeeding its
enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1742

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens. GOLDEN, JOHNSON, LAVALLE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the civil practice  law  and  rules,  the
  state  finance  law, the correction law, the education law, the execu-
  tive law and the mental hygiene law, in relation to defining  offenses
  involving  criminal  street  gangs,  creating the criminal street gang
  prevention fund, enacting the criminal street gang  registration  act,
  providing  for  gang  prevention  services in schools and creating the
  office of criminal street gangs and  youth  violence;  and  to  repeal
  sections  120.06  and 120.07 of the penal law, relating to offenses of
  gang assault

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and purpose. The legislature hereby
finds that New York laws are insufficiently targeted to the  prosecution
of criminal street gangs and the protection of public order and individ-
ual safety against gang-related violence, because they lack programs and
activities  specifically  designed  to  prevent  the  growth of criminal
street gangs, facilitate prosecution and punishment of members of crimi-
nal street gangs, and punish those who solicit others to participate  in
criminal  street  gangs  and  in  acts  of  gang-related violence or who
provide support or resources  to  those  who  commit  or  encourage  the
commission of such acts.
  The  legislature  further  finds  that  the threat of violence and the
disruption of public order and safety presented by criminal street gangs
has reached a crisis point that threatens the right of residents of this
state to be secure and protected from fear, intimidation,  and  physical
harm.
  The legislature therefore finds and declares that it is in every sense
in  the  public  interest  to  establish a comprehensive approach to the
protection of public order and individual safety against criminal street

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04618-01-1

S. 1742                             2

gangs and gang-related violence, by severely criminalizing  such  activ-
ities,  by creating anti-crime programs that focus on patterns of crimi-
nal gang activity and organization, by expanding  education  and  inter-
vention  to  prevent  the  growth  of  criminal  street  gangs,  and  by
establishing an ongoing system of tracking criminal  gang  activity,  as
provided in this legislation.
  S 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law,
as  added  by  chapter  148  of  the laws of 2000, is amended to read as
follows:
  (a) the term "specified offense"  shall  mean  an  attempt  to  commit
murder  in  the second degree as defined in section 125.25 of this chap-
ter, gang assault in the first degree as  defined  in  section  [120.07]
495.08  of this chapter, gang assault in the second degree as defined in
section [120.06] 495.07 of this chapter, assault in the first degree  as
defined  in  section  120.10  of this chapter, manslaughter in the first
degree as defined in section 125.20 of this chapter, manslaughter in the
second degree as defined in section 125.15 of this chapter,  robbery  in
the  first  degree as defined in section 160.15 of this chapter, robbery
in the second degree as defined in section 160.10 of  this  chapter,  or
the  attempted commission of any of the following offenses: gang assault
in the first degree as defined in section [120.07]  495.08,  assault  in
the first degree as defined in section 120.10, manslaughter in the first
degree  as  defined  in section 125.20 or robbery in the first degree as
defined in section 160.15;
  S 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02  of  the
penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
and paragraph (b) as amended by chapter 405 of the  laws  of  2010,  are
amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree  as  defined in section [120.07] 495.08, intimidating a victim or
witness in the first degree as  defined  in  section  215.17,  hindering
prosecution  of  terrorism  in  the  first  degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal  use  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.47.

S. 1742                             3

  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, gang assault
in the second degree as defined in section [120.06]  495.07,  strangula-
tion  in  the first degree as defined in section 121.13, burglary in the
second degree as defined in section 140.25, robbery in the second degree
as defined in section 160.10, criminal possession of  a  weapon  in  the
second degree as defined in section 265.03, criminal use of a firearm in
the  second  degree  as  defined  in  section 265.08, criminal sale of a
firearm in the second degree as defined in section 265.12, criminal sale
of a firearm with the aid of a  minor  as  defined  in  section  265.14,
soliciting  or  providing  support  for an act of terrorism in the first
degree as defined in section 490.15, hindering prosecution of  terrorism
in  the  second  degree  as  defined  in  section  490.30,  and criminal
possession of a chemical weapon or biological weapon in the third degree
as defined in section 490.37.
  S 4. Sections 120.06 and 120.07 of the penal law are REPEALED.
  S 5. Subdivision 2 of section 130.91 of the penal law, as  amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
[120.06]  495.07, gang assault in the first degree as defined in section
[120.07] 495.08, stalking in the first  degree  as  defined  in  section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter in the second degree  as  defined  in  subdivision  one  of
section  125.15,  manslaughter in the first degree as defined in section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section 135.20, kidnapping in the first degree  as  defined  in  section
135.25,  burglary  in  the  third  degree  as defined in section 140.20,
burglary in the second degree as defined in section 140.25, burglary  in
the  first  degree  as  defined  in  section 140.30, arson in the second
degree as defined in section  150.15,  arson  in  the  first  degree  as
defined  in  section  150.20,  robbery in the third degree as defined in
section 160.05, robbery in the  second  degree  as  defined  in  section
160.10,  robbery  in  the  first  degree  as  defined in section 160.15,
promoting prostitution in  the  second  degree  as  defined  in  section
230.30, promoting prostitution in the first degree as defined in section
230.32,  compelling  prostitution  as defined in section 230.33, dissem-
inating indecent material to minors in the first degree  as  defined  in
section  235.22,  use  of  a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 6. The penal law is amended by adding a new title  Y-2  to  read  as
follows:

S. 1742                             4

                                 TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS

                               ARTICLE 495
          CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
SECTION 495.01 DEFINITIONS.
        495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
        495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
        495.05 SOLICITATION  OR  RECRUITMENT OF MINORS FOR PARTICIPATION
                 IN A CRIMINAL STREET GANG.
        495.06 SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTICIPATION
                 IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS.
        495.07 GANG ASSAULT IN THE SECOND DEGREE.
        495.08 GANG ASSAULT IN THE FIRST DEGREE.
        495.09 ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL  STREET GANG
                 ACTIVITY.
        495.10 PREEMPTION.
        495.11 REGISTRATION REQUIREMENT.
        495.12 SENTENCING.
S 495.01 DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
MEANINGS:
  1.  "CRIMINAL  STREET GANG" MEANS ANY FORMAL OR INFORMAL ORGANIZATION,
ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS HAVING A COMMON  NAME  OR
IDENTIFYING  SIGN  OR  SYMBOL WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY
ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY.
  2. "PATTERN OF  CRIMINAL  GANG  ACTIVITY"  MEANS  THE  COMMISSION  OF,
ATTEMPTED   COMMISSION   OF,  CONSPIRACY  TO  COMMIT,  SOLICITATION  OF,
SUSTAINED JUVENILE PETITION FOR, OR CONVICTION OF ANY TWO OR MORE OF ANY
SPECIFIED OFFENSES LISTED IN SUBDIVISION THREE  OF  THIS  SECTION  BY  A
PARTICIPANT OR PARTICIPANTS IN A CRIMINAL STREET GANG, PROVIDED THAT THE
OFFENSES SHALL HAVE OCCURRED ON SEPARATE OCCASIONS WITHIN THREE YEARS OF
EACH OTHER, OR BY TWO OR MORE PERSONS WHO ARE PARTICIPANTS IN A CRIMINAL
STREET  GANG,  AND  THAT  AT  LEAST ONE SUCH OFFENSE SHALL HAVE OCCURRED
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  3. "SPECIFIED OFFENSE" MEANS ANY OFFENSE DEFINED BY ANY OF THE FOLLOW-
ING PROVISIONS  OF  THIS  CHAPTER:  OFFENSES  CONSTITUTING  A  SPECIFIED
OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES),
ARTICLE  ONE  HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE HUNDRED THIR-
TY-FIVE (KIDNAPPING, COERCION AND RELATED OFFENSE), ONE HUNDRED  SEVENTY
(FORGERY  AND  RELATED  OFFENSES),  ONE  HUNDRED SEVENTY-EIGHT (CRIMINAL
DIVERSION OF PRESCRIPTION MEDICATIONS AND  PRESCRIPTIONS),  TWO  HUNDRED
TWENTY   (CONTROLLED   SUBSTANCES   OFFENSES),  TWO  HUNDRED  TWENTY-ONE
(OFFENSES  INVOLVING  MARIHUANA),  TWO  HUNDRED  TWENTY-FIVE   (GAMBLING
OFFENSES), TWO HUNDRED THIRTY (PROSTITUTION OFFENSES), TWO HUNDRED THIR-
TY-FIVE   (OBSCENITY  AND  RELATED  OFFENSES),  TWO  HUNDRED  SIXTY-FIVE
(FIREARMS AND OTHER  DANGEROUS  WEAPONS),  TWO  HUNDRED  SEVENTY  (OTHER
OFFENSES  RELATING  TO PUBLIC SAFETY), FOUR HUNDRED (LICENSING AND OTHER
PROVISIONS RELATING TO FIREARMS) OR FOUR HUNDRED SEVENTY (MONEY LAUNDER-
ING).
S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
  A PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF  SUCH
PERSON  PARTICIPATES  IN  A CRIMINAL STREET GANG WITH KNOWLEDGE THAT ITS
MEMBERS ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL  GANG  ACTIV-
ITY.

S. 1742                             5

  PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
S 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
WHEN HE OR SHE WILLFULLY AND KNOWINGLY PROMOTES, FURTHERS,  ASSISTS  IN,
CONDUCTS,  OR  PARTICIPATES  IN THE AFFAIRS OF A CRIMINAL STREET GANG BY
PARTICIPATING IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR KNOWING-
LY INVESTS PROCEEDS DERIVED  FROM  CRIMINAL  STREET  GANG  ACTIVITY,  OR
PROCEEDS  DERIVED  FROM  THE  INVESTMENT OR USE OF THOSE PROCEEDS, IN AN
ENTERPRISE. A PERSON MAY BE A PARTICIPANT  IN  A  CRIMINAL  STREET  GANG
IRRESPECTIVE  OF  THE  AMOUNT  OF TIME HE OR SHE DEVOTES TO THE CRIMINAL
STREET GANG, AS LONG AS SUCH PERSON SHALL HAVE PARTICIPATED  IN  COMMIT-
TING  ACTS  CONSTITUTING  CRIMINAL STREET GANG ACTIVITY WITH ONE OR MORE
MEMBERS OF A CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
  A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
STREET GANG IF SUCH PERSON:
  1.  SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A CRIMINAL
STREET GANG WITH THE INTENT  THAT  THE  PERSON  SOLICITED  OR  RECRUITED
PARTICIPATE  IN  A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR WITH THE
INTENT THAT SUCH PERSON PROMOTE, FURTHER,  CONDUCT,  OR  ASSIST  IN  ANY
PATTERN  OF  CRIMINAL  STREET  GANG  ACTIVITY BY MEMBERS OF THE CRIMINAL
STREET GANG; OR
  2. THREATENS A PERSON  WITH  PHYSICAL  VIOLENCE  WITH  THE  INTENT  TO
COERCE,  INDUCE,  OR  SOLICIT SUCH PERSON OR ANOTHER TO PARTICIPATE IN A
CRIMINAL STREET GANG; OR
  3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON
TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS  E
FELONY.
S 495.05 SOLICITATION  OR  RECRUITMENT  OF MINORS FOR PARTICIPATION IN A
           CRIMINAL STREET GANG.
  A PERSON IS GUILTY  OF  SOLICITATION  OR  RECRUITMENT  OF  MINORS  FOR
PARTICIPATION IN A CRIMINAL STREET GANG WHEN HE OR SHE COMMITS THE CRIME
OF  SOLICITATION  FOR  PARTICIPATION  IN  A CRIMINAL STREET GANG AND THE
PERSON SOLICITED OR RECRUITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A  CRIMINAL
STREET GANG IS A CLASS D FELONY.
S 495.06 SOLICITATION  OR  RECRUITMENT  OF MINORS FOR PARTICIPATION IN A
           CRIMINAL STREET GANG ON SCHOOL GROUNDS.
  A PERSON IS GUILTY  OF  SOLICITATION  OR  RECRUITMENT  OF  MINORS  FOR
PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE
COMMITS  THE  CRIME OF SOLICITATION OR RECRUITMENT OF MINORS FOR PARTIC-
IPATION IN A CRIMINAL STREET GANG WHILE ON SCHOOL GROUNDS. FOR  PURPOSES
OF  THIS  SECTION,  THE  TERM "SCHOOL GROUNDS" MEANS "SCHOOL GROUNDS" AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER.
  SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A  CRIMINAL
STREET GANG ON SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.07 GANG ASSAULT IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF GANG ASSAULT IN THE SECOND DEGREE WHEN, WITH
INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY  TWO
OR  MORE  OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 495.08 GANG ASSAULT IN THE FIRST DEGREE.

S. 1742                             6

  A PERSON IS GUILTY OF GANG ASSAULT IN  THE  FIRST  DEGREE  WHEN,  WITH
INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED
BY  TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS
PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY.
  1.  A  BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR
THE PURPOSE OF ENGAGING IN A PATTERN OF  CRIMINAL  GANG  ACTIVITY  IS  A
NUISANCE  WHICH  SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH
DAMAGES MAY BE RECOVERED,  IRRESPECTIVE  OF  WHETHER  IT  CONSTITUTES  A
PUBLIC OR PRIVATE NUISANCE.
  2.  ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS  OF
THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL
APPLY:
  (A)  THE  COURT  SHALL  NOT  ASSESS A CIVIL PENALTY AGAINST ANY PERSON
UNLESS THAT PERSON KNEW OR  SHOULD  HAVE  KNOWN  OF  THE  UNLAWFUL  ACTS
COMMITTED ON OR IN THE PREMISES;
  (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED;
  (C)  ALL  INJUNCTIONS  ISSUED  SHALL  BE LIMITED TO THOSE NECESSARY TO
PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE  PUBLIC  OR  THOSE
NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND
  (D)  SUIT  MAY  NOT  BE  FILED UNTIL A THIRTY DAY NOTICE PERIOD OF THE
UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL,
RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS.
  3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION  WHICH  IS  CONDUCTING
ITS  AFFAIRS  WITH  ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY,
SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE  AND  TWO
OF THIS SECTION.
  4.  NOTHING  IN  THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM
SEEKING ANY OTHER REMEDY PROVIDED BY LAW.
  5. WHEN AN INJUNCTION IS ISSUED  PURSUANT  TO  THIS  SECTION  FOR  THE
ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL STREET GANG ACTIVITIES, THE
ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR-
NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE  COMMUNITY
OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL
BE  PAID  BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS
MEMBERS THAT WERE DERIVED FROM  THE  PATTERN  OF  CRIMINAL  STREET  GANG
ACTIVITY  BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE
KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF
THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT  PURSUANT  TO
THIS  SUBDIVISION,  THE  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, OR CITY
ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE  OF,  THE  TESTIMONY  OF
EXPERTS  TO  ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD
INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS  SUBDIVISION
SHALL  BE  DEPOSITED  INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE
GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION  THE
COMMUNITY  OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE
THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY
THE NUISANCE.
S 495.10 PREEMPTION.
  NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
S 495.11 REGISTRATION REQUIREMENT.
  1.  IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR ANY
OTHER LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMINAL

S. 1742                             7

STREET  GANG  ACTIVITY  WHO  IS RELEASED ON PROBATION OR DISCHARGED UPON
PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,  OR
WHO  IS  TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION
OR  RELEASED  FROM  ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR
SHE WAS CONFINED, SHALL BE  REQUIRED  TO  PARTICIPATE  IN  THE  CRIMINAL
STREET  GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF FIVE YEARS; AND
  2. IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR  ANY
OTHER  LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL
STREET GANG ACTIVITY OR THE CRIME OF SOLICITATION FOR PARTICIPATION IN A
CRIMINAL STREET GANG WHO IS RELEASED ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR
WHO IS TO BE DISCHARGED, PAROLED, RELEASED TO  POST-RELEASE  SUPERVISION
OR  RELEASED  FROM  ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR
SHE WAS CONFINED, SHALL BE  REQUIRED  TO  PARTICIPATE  IN  THE  CRIMINAL
STREET  GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF TEN YEARS.
S 495.12 SENTENCING.
  1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
NAL  STREET  GANG  ACTIVITY  PURSUANT TO THIS ARTICLE, AND THE SPECIFIED
OFFENSE IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS
CHAPTER, THE CRIME OF PARTICIPATION IN  CRIMINAL  STREET  GANG  ACTIVITY
SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO  THIS  ARTICLE  AND  THE  SPECIFIED
OFFENSE  IS  A  MISDEMEANOR  OR  A  CLASS C, D OR E FELONY, THE CRIME OF
PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED TO BE ONE
CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,  OR
ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S
CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
WHICHEVER IS APPLICABLE.
  3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS OF IMPRISONMENT IF THE  DEFENDANT  IS  SENTENCED  PURSUANT  TO
SECTION 70.00 OF THIS CHAPTER;
  (B)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.02
OF THIS CHAPTER;
  (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
OF  IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04
OF THIS CHAPTER;
  (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
FOUR  YEARS  OF  IMPRISONMENT  IF THE DEFENDANT IS SENTENCED PURSUANT TO
SECTION 70.05 OF THIS CHAPTER; AND
  (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
DETERMINATE  SENTENCE  MUST BE AT LEAST TEN YEARS OF IMPRISONMENT IF THE
DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
  4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING,  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO  THIS  ARTICLE  AND  THE  SPECIFIED
OFFENSE  IS  A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISONMENT.
  NOTWITHSTANDING ANY OTHER LAW, THE COURT  MAY  STRIKE  THE  ADDITIONAL
PUNISHMENT  FOR  THE  ENHANCEMENTS  PROVIDED IN SUBDIVISIONS ONE THROUGH

S. 1742                             8

FOUR OF THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL  SENTENCE  FOR
MISDEMEANORS  IN  AN  UNUSUAL  CASE WHERE THE INTERESTS OF JUSTICE WOULD
BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE
MINUTES  THE  CIRCUMSTANCES INDICATING THE MANNER IN WHICH THE INTERESTS
OF JUSTICE WOULD BEST BE SERVED BY SUCH DISPOSITION.
  NOTWITHSTANDING THE FOREGOING, IN THE CASE OF  A  MINOR  FOUND  TO  BE
GUILTY  OF  AN  OFFENSE  DESCRIBED  IN  THIS ARTICLE WHO IS A FIRST-TIME
OFFENDER, THE COURT MAY ORDER THAT A PARENT OR GUARDIAN  RETAIN  CUSTODY
OF  THAT MINOR, AND MAY ORDER THE PARENT OR GUARDIAN TO ATTEND ANTI-GANG
VIOLENCE PARENTING CLASSES ESTABLISHED  PURSUANT  TO  STANDARDS  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE SERVICES. THE FATHER, MOTHER, SPOUSE, OR
OTHER PERSON LIABLE FOR THE SUPPORT OF THE MINOR,  THE  ESTATE  OF  THAT
PERSON,  AND  THE  ESTATE  OF  THE MINOR SHALL BE LIABLE FOR THE COST OF
CLASSES ORDERED PURSUANT TO THIS SECTION, UNLESS THE  COURT  FINDS  THAT
THE  PERSON  OR  ESTATE  DOES  NOT HAVE THE FINANCIAL ABILITY TO PAY. IN
EVALUATING FINANCIAL ABILITY TO PAY, THE COURT SHALL TAKE INTO CONSIDER-
ATION THE COMBINED HOUSEHOLD INCOME, THE NECESSARY  OBLIGATIONS  OF  THE
HOUSEHOLD, THE NUMBER OF PERSONS DEPENDENT UPON THIS INCOME, AND WHETHER
REDUCED  MONTHLY  PAYMENTS WOULD OBVIATE THE NEED TO WAIVE LIABILITY FOR
THE FULL COSTS.
  S 7. The opening paragraph  of  paragraph  (h)  of  subdivision  2  of
section  1349  of  the civil practice law and rules, as added by chapter
655 of the laws of 1990, is amended to read as follows:
  [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I)  OF
THIS  SUBDIVISION  APPLIES,  ALL  moneys  remaining  after distributions
pursuant to paragraphs (a) through (g)  of  this  subdivision  shall  be
distributed as follows:
  S 8. Subdivision 2 of section 1349 of the civil practice law and rules
is amended by adding a new paragraph (i) to read as follows:
  (I)  IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS
CONVICTED OF AN OFFENSE LISTED IN ARTICLE FOUR  HUNDRED  NINETY-FIVE  OF
THE  PENAL  LAW,  ALL  MONEYS  REMAINING AFTER DISTRIBUTIONS PURSUANT TO
PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  TO
THE  CRIMINAL  STREET  GANG  PREVENTION  FUND,  ESTABLISHED  PURSUANT TO
SECTION NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW.
  S 9. The state finance law is amended by adding a new section  97-kkkk
to read as follows:
  S  97-KKKK.  CRIMINAL  STREET GANG PREVENTION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE AN ACCOUNT OF THE MISCELLANEOUS
SPECIAL REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG  PREVENTION
FUND.
  2.  THE  COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE FOR DEPOSIT
TO THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED  FOR
SUCH DEPOSIT BY LAW OR APPROPRIATION.
  3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO SUPPORT THE  CRIMINAL  STREET  GANG  AND  VIOLENCE
PREVENTION  PARTNERSHIP  PROGRAM  ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED THIRTEEN OF THE EDUCATION LAW.
  S 10.  Section 109 of the correction law is renumbered section 110 and
a new section 109 is added to read as follows:
  S 109. INTERSTATE INSTITUTIONALIZATION OF CRIMINAL STREET  GANG  LEAD-
ERS.  THE  DEPARTMENT SHALL ESTABLISH A PROGRAM, AFTER CONSULTATION WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND WITH  CHIEFS  AND  COMMIS-
SIONERS  OF POLICE, UNDER WHICH THE LEADERS OF CRIMINAL STREET GANGS MAY

S. 1742                             9

BE SENT TO OTHER STATE  INSTITUTIONS  PURSUANT  TO  AGREEMENTS  EXECUTED
UNDER SECTION ONE HUNDRED THREE OF THIS CHAPTER.
  S  11.  The  correction  law is amended by adding a new article 6-D to
read as follows:
                                ARTICLE 6-D
             CRIMINAL STREET GANG OFFENDER REGISTRATION ACT
SECTION 169.   SHORT TITLE.
        169-A. DEFINITIONS.
        169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        169-C. CRIMINAL STREET GANG DATABASE.
        169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION.
        169-E. DUTIES OF THE COURT.
        169-F. DISCHARGE OF CRIMINAL STREET GANG OFFENDER  FROM  CORREC-
                 TIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        169-G. DUTY TO REGISTER AND TO VERIFY.
        169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS.
        169-I. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        169-J. REVIEW.
        169-K. IMMUNITY FROM LIABILITY.
        169-L. ANNUAL REPORT.
        169-M. PENALTY.
        169-N. UNAUTHORIZED RELEASE OF INFORMATION.
        169-O. SEPARABILITY.
  S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "CRIMINAL STREET GANG OFFENDER REGISTRATION ACT".
  S  169-A.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:
  1. "CRIMINAL STREET GANG OFFENDER" MEANS ANY PERSON CONVICTED  OF  ANY
OFFENSE  LISTED  IN  SUBDIVISION TWO OF THIS SECTION. ANY CONVICTION SET
ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "CRIMINAL  STREET  GANG  OFFENSE"  MEANS  A  CONVICTION  OF  OR  A
CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE CRIMES LISTED IN SECTIONS
495.02  AND  495.03  OF  THE  PENAL  LAW RELATING TO PARTICIPATION IN OR
SOLICITATION FOR PARTICIPATION IN A CRIMINAL  STREET  GANG  OR  CRIMINAL
STREET  GANG  ACTIVITY,  UNLESS  UPON MOTION BY THE DEFENDANT, THE TRIAL
COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO
THE HISTORY AND CHARACTER OF THE  DEFENDANT,  IS  OF  THE  OPINION  THAT
REGISTRATION WOULD BE UNDULY HARSH AND INAPPROPRIATE.
  3.  "LAW  ENFORCEMENT  AGENCY  HAVING JURISDICTION" MEANS: (A) (I) THE
CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH  THE
OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE,
RELEASE  TO  POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL
CONDITIONAL RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT  OFFI-
CER  IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF
THE COUNTY IN WHICH THE OFFENDER EXPECTS TO RESIDE; OR (III) IF THERE BE
NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY,  THE
DIVISION OF STATE POLICE;
  (B)  IN  THE CASE OF A CRIMINAL STREET GANG OFFENDER WHO IS OR EXPECTS
TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR  NOT,
AT  AN  INSTITUTION  OF HIGHER EDUCATION:  (I) THE CHIEF LAW ENFORCEMENT
OFFICER IN THE VILLAGE, TOWN  OR  CITY  IN  WHICH  SUCH  INSTITUTION  IS
LOCATED;  OR  (II)  IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH
VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF  THE  COUNTY
IN  WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO CHIEF LAW
ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE  DIVISION

S. 1742                            10

OF  STATE  POLICE;  AND  (IV)  IF SUCH INSTITUTION OPERATES OR EMPLOYS A
CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH AGENCY; AND
  (C)  IN  THE  CASE  OF  A CRIMINAL STREET GANG OFFENDER WHO EXPECTS TO
RESIDE WITHIN A STATE PARK OR ON OTHER LAND UNDER  THE  JURISDICTION  OF
THE  OFFICE  OF  PARKS,  RECREATION AND HISTORIC PRESERVATION, THE STATE
REGIONAL PARK POLICE.
  4. "DIVISION" MEANS THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  5.  "LOCAL  CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  6. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE  SIXTY-FIVE  OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  7. "INSTITUTION OF HIGHER EDUCATION" MEANS AN INSTITUTION IN THE STATE
PROVIDING HIGHER EDUCATION AS SUCH TERM IS DEFINED IN SUBDIVISION  EIGHT
OF SECTION TWO OF THE EDUCATION LAW.
  S  169-B.  DUTIES  OF  THE  DIVISION; REGISTRATION INFORMATION. 1. THE
DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE CRIMINAL STREET GANG OFFENDER'S NAME, ALL ALIASES  USED,  DATE
OF BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME  ADDRESS  AND/OR  EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS
WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER  AND  INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS, THE PHOTOGRAPH TO BE UPDATED
AS  OFTEN  AS  THE  DIVISION SHALL DEEM NECESSARY BUT NOT LESS THAN ONCE
EVERY TWO YEARS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE  CRIMINAL  STREET  GANG
OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
WHICH THE CRIMINAL STREET GANG OFFENDER IS OR EXPECTS  TO  BE  ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
OFFENDER  RESIDES  IN  OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY
SUCH INSTITUTION.
  (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
ANY  REGIONAL OR NATIONAL REGISTRY OF CRIMINAL STREET GANG OFFENDERS, OR
REGISTRY THAT HAS A  PRINCIPAL,  SHARED,  OR  SIMILAR  PURPOSE,  HOWEVER
NAMED, FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT
FILES  FROM  ANY  SUCH  REGIONAL OR NATIONAL REGISTRY OF CRIMINAL STREET
GANG OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE.
  (B) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY,  WHETHER  PUBLIC
OR  PRIVATE,  SHALL  BE  SUBJECT  TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF  BUSI-
NESS  OF  THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO
THIS SUBDIVISION, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON
OR ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGIS-
TRY INFORMATION.
  (C) THE DIVISION SHALL REQUIRE THAT NO  INFORMATION  INCLUDED  IN  THE
REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN FURTHERANCE OF THE PROVISIONS
OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND

S. 1742                            11

REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE  WRITTEN  IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE CRIMINAL
STREET GANG OFFENDER OF HIS OR HER DUTIES  AND  OBLIGATIONS  UNDER  THIS
ARTICLE.
  4.  THE DIVISION SHALL MAIL A NON-FORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE CRIMINAL STREET GANG  OFFENDER  FOR  ANNUAL
VERIFICATION REQUIREMENTS.
  5.  THE  DIVISION  SHALL  ESTABLISH  AND OPERATE A TELEPHONE NUMBER AS
PROVIDED IN THIS ARTICLE.
  6. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A CRIMINAL
STREET GANG OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR  ANY  CHANGE  OF
HIS  OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT
ANY INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY THIS ARTICLE. THE FEE
SHALL BE PAID TO THE DIVISION BY THE CRIMINAL STREET GANG OFFENDER.  THE
STATE  COMPTROLLER  IS  HEREBY  AUTHORIZED TO DEPOSIT SUCH FEES INTO THE
GENERAL FUND.
  S 169-C. CRIMINAL STREET GANG DATABASE.  IN DEVELOPING AND MAINTAINING
THE STATEWIDE REGISTRATION SYSTEM REQUIRED BY THIS ARTICLE, THE DIVISION
MAY ESTABLISH A CRIMINAL STREET GANG DATABASE. IN DOING SO, THE DIVISION
SHALL:
  1. CREATE A UNIFORM REPORTING FORMAT FOR THE ENTRY OF PERTINENT INFOR-
MATION REGARDING THE REPORT OF AN ARRESTED CRIMINAL STREET  GANG  MEMBER
OR ORGANIZED GANG AFFILIATES INTO THE DATABASE;
  2. NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS OF
ARRESTED CRIMINAL STREET GANG MEMBERS OR ORGANIZED GANG AFFILIATES SHALL
BE ENTERED INTO THE STATEWIDE GANG DATABASE AS SOON AS THE MINIMUM LEVEL
OF  DATA, TO BE SPECIFIED BY THE DIVISION, IS AVAILABLE TO THE REPORTING
AGENCY;
  3. DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE  AND  LOCAL  LAW
ENFORCEMENT  AGENCIES  OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET
GANGS OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION  SIGN  OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG;
  4.  COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES  IN  A  MANNER  THAT  ALLOWS  THE
INFORMATION  TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES;
  5. COMPILE AND MAINTAIN AN HISTORIC DATA REPOSITORY RELATING TO ORGAN-
IZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN ORDER  TO
DEVELOP  AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT AGENCIES AND
PROSECUTORS IN  THE  INVESTIGATION,  APPREHENSION,  AND  PROSECUTION  OF
MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS; AND
  6.  CREATE  A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN-
IZED CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET  GANG
AFFILIATION  DATA,  TIMELINESS  AND ACCURACY OF INFORMATION ENTERED INTO
THE STATEWIDE CRIMINAL STREET GANG DATABASE AND  PERFORMANCE  AUDITS  OF
ALL AGENCIES ENTERING INFORMATION.
  S  169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION.  1.
IT SHALL BE THE DUTY OF THE DEPARTMENT OR LOCAL  CORRECTIONAL  FACILITY,
AT  LEAST  TEN  CALENDAR  DAYS  PRIOR TO THE RELEASE OR DISCHARGE OF ANY
CRIMINAL STREET GANG OFFENDER FROM  A  CORRECTIONAL  FACILITY  OR  LOCAL
CORRECTIONAL  FACILITY,  TO  NOTIFY  THE  DIVISION  OF  THE CONTEMPLATED
RELEASE OR DISCHARGE OF SUCH CRIMINAL STREET  GANG  OFFENDER,  INFORMING
THE  DIVISION  IN  WRITING ON A FORM PROVIDED BY THE DIVISION INDICATING
THE ADDRESS AT WHICH SUCH CRIMINAL  STREET  GANG  OFFENDER  PROPOSES  TO
RESIDE  AND  THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION
AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETH-

S. 1742                            12

ER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE  RESIDES  IN  OR  WILL
RESIDE  IN  A  FACILITY  OWNED  OR OPERATED BY SUCH INSTITUTION. IF SUCH
CRIMINAL STREET GANG OFFENDER CHANGES HIS  OR  HER  PLACE  OF  RESIDENCE
WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
SENT BY THE  CRIMINAL  STREET  GANG  OFFENDER'S  PAROLE  OFFICER  WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH  CRIMINAL  STREET  GANG  OFFENDER  CHANGES THE STATUS OF HIS OR HER
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER  EDUCATION  WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF
STATUS SHALL BE SENT BY THE CRIMINAL STREET GANG OFFENDER'S PAROLE OFFI-
CER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED  BY  THE
DIVISION.
  2.  IN  THE CASE OF ANY CRIMINAL STREET GANG OFFENDER ON PROBATION, IT
SHALL BE THE DUTY OF THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFI-
CER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE  OF
RESIDENCE  ON  A  FORM PROVIDED BY THE DIVISION. IF SUCH CRIMINAL STREET
GANG OFFENDER CHANGES THE STATUS OF HIS OR HER  ENROLLMENT,  ATTENDANCE,
EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY
THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3.  WHEN A CRIMINAL STREET GANG OFFENDER ESCAPES FROM A STATE OR LOCAL
CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL  OF  THE  FACILITY  WHERE
SUCH OFFENDER WAS CONFINED SHALL NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW
ENFORCEMENT  AGENCY  THAT  HAD  JURISDICTION  AT  THE TIME OF HIS OR HER
CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIAS-
ES OF THE PERSON, AND THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH CRIMINAL STREET  GANG  OFFENDER'S  FINGERPRINTS  AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD.
  4.  THE  DIVISION  SHALL  PROVIDE GENERAL INFORMATION, IN REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION AND REGISTRATION PROCEDURES THAT MAY APPLY  IF  THE  REGISTRANT  IS
AUTHORIZED  TO  RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
POSSESSION, OR COMMENCES EMPLOYMENT  OR  ATTENDANCE  AT  AN  EDUCATIONAL
INSTITUTION  IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA-
TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S 169-E. DUTIES OF THE COURT.   1.  UPON  CONVICTION  OF  ANY  OF  THE
OFFENSES   SET   FORTH   IN  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS
A  CRIMINAL  STREET GANG OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN
THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT
SHALL  ADVISE  THE  CRIMINAL  STREET  GANG OFFENDER OF HIS OR HER DUTIES
UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF
COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT  RELIEVE  A  CRIMINAL
STREET GANG OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. A CRIMINAL STREET GANG OFFENDER RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE
SHALL,  PRIOR  TO  SUCH  RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
DUTY TO REGISTER AS REQUIRED BY THIS ARTICLE BY THE COURT IN WHICH HE OR
SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH CRIMINAL STREET
GANG OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE
DIVISION. THE COURT SHALL REQUIRE THE CRIMINAL STREET GANG  OFFENDER  TO

S. 1742                            13

READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM,  WHICH  SHALL  INCLUDE  THE ADDRESS WHERE THE CRIMINAL STREET GANG
OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE,  AND  THE  NAME  AND
ADDRESS  OF  ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE
EMPLOYED BY OR ENROLLED IN, WHETHER FOR COMPENSATION OR NOT, AND WHETHER
HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY  SUCH  AN
INSTITUTION,  AND  SHALL  REPORT  SUCH  INFORMATION TO THE DIVISION. THE
COURT SHALL GIVE ONE COPY OF THE FORM TO THE CRIMINAL STREET GANG OFFEN-
DER AND SHALL SEND TWO COPIES TO THE DIVISION WHICH  SHALL  FORWARD  THE
INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION.
  S  169-F. DISCHARGE OF CRIMINAL STREET GANG OFFENDER FROM CORRECTIONAL
FACILITY; DUTIES OF OFFICIAL IN CHARGE.    1.  A  CRIMINAL  STREET  GANG
OFFENDER,  TO  BE  DISCHARGED,  PAROLED, RELEASED TO POST-RELEASE SUPER-
VISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL  FACILITY  WHERE
HE  OR  SHE  WAS  CONFINED SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO
DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER
UNDER THIS ARTICLE BY THE FACILITY IN WHICH HE OR SHE  WAS  CONFINED  OR
COMMITTED.  THE FACILITY SHALL REQUIRE THE CRIMINAL STREET GANG OFFENDER
TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY  THE  DIVISION  STATING
THE  DUTY  TO  REGISTER  AND  THE  PROCEDURE  FOR  REGISTRATION HAS BEEN
EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE CRIM-
INAL STREET GANG OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  DISCHARGE,
PAROLE  OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY OR  ENROLLED  IN,  WHETHER
FOR  COMPENSATION  OR  NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A
FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
INFORMATION TO THE DIVISION.  THE FACILITY SHALL GIVE ONE  COPY  OF  THE
FORM  TO  THE  CRIMINAL  STREET GANG OFFENDER, RETAIN ONE COPY AND SHALL
SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE
LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE  FACILITY  SHALL  GIVE
THE  CRIMINAL  STREET  GANG OFFENDER A FORM PREPARED BY THE DIVISION, TO
REGISTER WITH THE DIVISION AT  LEAST  FIFTEEN  CALENDAR  DAYS  PRIOR  TO
RELEASE  AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE CRIMINAL STREET
GANG OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS
PRIOR TO THE CRIMINAL STREET GANG OFFENDER'S RELEASE OR DISCHARGE.
  2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
AND  FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT ALREADY
OBTAINED.
  S 169-G. DUTY TO REGISTER AND TO VERIFY.  1. ANY CRIMINAL STREET  GANG
OFFENDER  SHALL,  (A)  AT  LEAST  TEN  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
LOCAL CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR, (B) AT THE
TIME SENTENCE IS IMPOSED FOR ANY CRIMINAL STREET GANG OFFENDER  RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR  UNCONDITIONAL  DISCHARGE,  REGISTER  WITH  THE  DIVISION  ON  A FORM
PREPARED BY THE DIVISION.
  2. THE FOLLOWING SHALL APPLY TO  ANY  CRIMINAL  STREET  GANG  OFFENDER
REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH ANNIVERSARY OF THE CRIM-
INAL  STREET GANG OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERIOD
IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION:
  (A) THE CRIMINAL STREET GANG OFFENDER SHALL MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.  THE
VERIFICATION  FORM SHALL BE SIGNED BY THE CRIMINAL STREET GANG OFFENDER,
AND SHALL STATE WHETHER HE OR SHE STILL  RESIDES  AT  THE  ADDRESS  LAST

S. 1742                            14

REPORTED  TO THE DIVISION, AND STATE WHETHER HE OR SHE IS STILL EMPLOYED
AT THE ADDRESS LAST REPORTED TO THE DIVISION.
  (B)  THE  CRIMINAL STREET GANG OFFENDER SHALL PERSONALLY APPEAR AT THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN  TWENTY  DAYS  OF  THE
FIRST  ANNIVERSARY OF THE CRIMINAL STREET GANG OFFENDER'S INITIAL REGIS-
TRATION AND EVERY YEAR THEREAFTER DURING THE PERIOD OF REGISTRATION  FOR
THE  PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION  SHALL  PHOTOGRAPH  THE  CRIMINAL
STREET  GANG  OFFENDER  AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTO-
GRAPH TO THE DIVISION. FOR PURPOSES OF THIS PARAGRAPH, IF SUCH  CRIMINAL
STREET GANG OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACIL-
ITY,  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE
WARDEN, SUPERINTENDENT, SHERIFF OR OTHER PERSON IN CHARGE OF  THE  STATE
OR LOCAL CORRECTIONAL FACILITY.
  (C)  IF  THE  CRIMINAL  STREET  GANG OFFENDER FAILS TO MAIL THE SIGNED
VERIFICATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT
OF THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION  UNLESS  HE
PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
  (D)  THE FOREGOING PROVISIONS OF THIS SECTION TO THE CONTRARY NOTWITH-
STANDING, THE DUTY TO PERSONALLY APPEAR FOR  AN  UPDATED  PHOTOGRAPH  AS
REQUIRED BY THIS SECTION SHALL BE TEMPORARILY SUSPENDED DURING ANY PERI-
OD  IN WHICH THE CRIMINAL STREET GANG OFFENDER IS CONFINED IN ANY HOSPI-
TAL OR  INSTITUTION,  AND  SUCH  CRIMINAL  STREET  GANG  OFFENDER  SHALL
PERSONALLY  APPEAR FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS
AFTER RELEASE FROM SUCH HOSPITAL OR INSTITUTION, OR AN  ALTERNATE  LATER
DATE SCHEDULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. A CRIMINAL STREET GANG OFFENDER SHALL REGISTER WITH THE DIVISION NO
LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION SIX
OF  SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, SHALL BE SUBMITTED
BY THE CRIMINAL STREET GANG OFFENDER EACH TIME SUCH  OFFENDER  REGISTERS
ANY  CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO ANY CRIMINAL STREET GANG OFFENDER WHOSE CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S  169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS.  1.
THE DURATION OF REGISTRATION AND VERIFICATION FOR A CRIMINAL STREET GANG
OFFENDER SHALL BE ANNUALLY FOR FIVE YEARS FOR  A  CRIMINAL  STREET  GANG
OFFENDER WHO IS A MISDEMEANOR OFFENDER, AND ANNUALLY FOR TEN YEARS FOR A
CRIMINAL STREET GANG OFFENDER WHO IS A FELONY OFFENDER.
  2.  REGISTRATION  AND  VERIFICATION  AS REQUIRED BY THIS ARTICLE SHALL
CONSIST OF A STATEMENT IN WRITING SIGNED BY  THE  CRIMINAL  STREET  GANG
OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE
DIVISION  SHALL  ENTER  THE  INFORMATION  INTO AN APPROPRIATE ELECTRONIC
DATABASE OR FILE.
  S 169-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.   UPON RECEIPT OF A CHANGE OF ADDRESS BY A CRIMINAL STREET GANG
OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW

S. 1742                            15

PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE CRIMI-
NAL STREET GANG OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. THE
DIVISION SHALL, IF THE CRIMINAL STREET GANG OFFENDER  CHANGES  RESIDENCE
TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE
NEW PLACE OF RESIDENCE.
  S  169-J.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION, DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY,  PROBATION  DEPARTMENT,
DIVISION OF PAROLE, COURT OR CHILD PROTECTIVE AGENCY SHALL FORWARD RELE-
VANT  INFORMATION  PERTAINING  TO  A CRIMINAL STREET GANG OFFENDER TO BE
DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED TO
THE DIVISION FOR REVIEW NO LATER THAN ONE HUNDRED TWENTY DAYS  PRIOR  TO
THE  RELEASE OR DISCHARGE AND THE DIVISION SHALL MAKE RECOMMENDATIONS AS
PROVIDED IN SECTION ONE HUNDRED  SIXTY-NINE-L  OF  THIS  ARTICLE  WITHIN
SIXTY  DAYS  OF  RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT
MAY NOT BE LIMITED TO ALL OR A PORTION OF THE ARREST FILE,  PROSECUTOR'S
FILE,  PROBATION  OR  PAROLE  FILE,  CHILD  PROTECTIVE FILE, COURT FILE,
COMMITMENT FILE, MEDICAL FILE AND  TREATMENT  FILE  PERTAINING  TO  SUCH
PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFOR-
MATION  RELEVANT  TO THE REVIEW. UPON APPLICATION OF THE CRIMINAL STREET
GANG OFFENDER OR THE DISTRICT ATTORNEY, THE COURT SHALL SEAL ANY PORTION
OF THE BOARD'S FILE PERTAINING TO  THE  CRIMINAL  STREET  GANG  OFFENDER
WHICH  CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY STATE OR FEDERAL
LAW; PROVIDED, HOWEVER, THAT IN ANY SUBSEQUENT PROCEEDINGS IN WHICH  THE
CRIMINAL STREET GANG OFFENDER WHO IS THE SUBJECT OF THE SEALED RECORD IS
A  PARTY AND WHICH REQUIRES THE BOARD TO PROVIDE A RECOMMENDATION TO THE
COURT PURSUANT TO THIS ARTICLE, SUCH SEALED RECORD SHALL BE AVAILABLE TO
THE CRIMINAL STREET GANG OFFENDER, THE DISTRICT ATTORNEY, THE COURT  AND
THE  ATTORNEY  GENERAL WHERE THE ATTORNEY GENERAL IS A PARTY, OR REPRES-
ENTS A PARTY, IN THE PROCEEDING.
  S 169-K. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, UNLESS IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS SECTION UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S 169-L. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR FILE A  REPORT  WITH  THE  GOVERNOR,  AND  THE  LEGISLATURE
DETAILING  THE  PROGRAM,  COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
EFFECTIVENESS OF THE PROVISIONS  OF  THIS  ARTICLE,  TOGETHER  WITH  ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 169-M. PENALTY. ANY CRIMINAL STREET GANG OFFENDER REQUIRED TO REGIS-
TER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO
REGISTER  OR  VERIFY  IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY UPON  CONVICTION
FOR  THE  FIRST  OFFENSE.  UPON  CONVICTION  FOR  A SECOND OR SUBSEQUENT
OFFENSE SUCH CRIMINAL STREET GANG OFFENDER SHALL BE GUILTY OF A CLASS  D
FELONY.

S. 1742                            16

  S 169-N. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF  ANY  INFORMATION  REQUIRED  TO BE COLLECTED PURSUANT TO THIS ARTICLE
SHALL BE A CLASS B MISDEMEANOR.
  S 169-O. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
ANY OTHER SECTION OR PART THEREOF.
  S  12. The education law is amended by adding a new article 25 to read
as follows:
                                ARTICLE 25
                             GANG PREVENTION
SECTION 1210. GANG PREVENTION.
        1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES.
        1212. DRESS CODE CONCERNING GANG-RELATED APPAREL.
        1213. CRIMINAL STREET GANG AND VIOLENCE  PREVENTION  PARTNERSHIP
                PROGRAM.
  S  1210.  GANG PREVENTION. THE DEPARTMENT SHALL PREPARE AND DISTRIBUTE
TO SCHOOLS GUIDELINES FOR  INCORPORATING  IN-SERVICE  TRAINING  IN  GANG
VIOLENCE  FOR  TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS, SCHOOL BOARD
MEMBERS, AND OTHER EDUCATIONAL  PERSONNEL  INTO  THE  STAFF  DEVELOPMENT
PLANS,  AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING COMPRE-
HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND
GUIDELINES, TO THE MAXIMUM EXTENT POSSIBLE, SHALL ENCOURAGE  SCHOOLS  TO
AVOID  DUPLICATION  OF EFFORT BY SHARING RESOURCES; ADAPTING OR ADOPTING
MODEL IN-SERVICE TRAINING PROGRAMS; DEVELOPING JOINT  AND  COLLABORATIVE
PROGRAMS;  AND  COORDINATING  EFFORTS WITH EXISTING STATE AND LOCAL GANG
VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY  AND  CITY  LAW  ENFORCEMENT
AGENCIES,  AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG VIOLENCE
PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL.
  THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE
RECEIPT OF FEDERAL AND STATE FUNDS TO SUPPORT THEIR  GANG  VIOLENCE  AND
DRUG  AND  ALCOHOL  ABUSE  PREVENTION  IN-SERVICE TRAINING PROGRAMS. THE
DEPARTMENT SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
REGARDING GANG VIOLENCE.
  THE  TERM "GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION IN-SER-
VICE TRAINING" AS  USED  IN  THIS  SECTION  MEANS  THE  PRESENTATION  OF
PROGRAMS,  INSTRUCTION,  AND  CURRICULA THAT WILL HELP EDUCATORS DEVELOP
COMPETENCIES IN INTERACTING IN A POSITIVE MANNER WITH CHILDREN AND YOUTH
TO ASSIST THEM IN DEVELOPING THE  POSITIVE  VALUES,  SELF-ESTEEM,  KNOW-
LEDGE,  AND  SKILLS  TO LEAD PRODUCTIVE, GANG-FREE, AND DRUG-FREE LIVES,
INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES  OF  GANG  VIOLENCE
AND  SUBSTANCE  ABUSE,  AND TRAINING REGARDING AVAILABLE INFORMATION AND
RESOURCES CONCERNING GANG VIOLENCE.
  S 1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1.  THE
DEPARTMENT,  IN  COLLABORATION  WITH  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES, SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM  FOR
USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION
OF THE CURRICULUM AND OF PUPIL OUTCOMES.
  2.  IN  DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN CONJUNCTION WITH
THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  SHALL  ASSESS  THE  CURRENT
STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT-
ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL
PROVIDE  OR  MAINTAIN  A  HIGH  LEVEL  OF  SCHOOL SAFETY AND ADDRESS THE
SCHOOL'S PROCEDURES FOR COMPLYING WITH EXISTING LAWS RELATED  TO  SCHOOL
SAFETY.

S. 1742                            17

  3.  UPON  REQUEST,  THE  DEPARTMENT  SHALL  ASSIST SCHOOL DISTRICTS IN
DEVELOPING COMPREHENSIVE  GANG  VIOLENCE  AND  DRUG  AND  ALCOHOL  ABUSE
PREVENTION  IN-SERVICE  TRAINING  PROGRAMS. SUCH GUIDELINES SHALL TO THE
MAXIMUM EXTENT POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO  SHARE  RESOURCES,
DEVELOP  JOINT  AND  COLLABORATIVE PROGRAMS, AND COORDINATE EFFORTS WITH
OTHER EXISTING STATE AND LOCAL PROGRAMS.
  4. THE DEPARTMENT SHALL PREPARE AND  DISTRIBUTE  TO  SCHOOL  DISTRICTS
GUIDELINES  FOR  INCORPORATING  IN-SERVICE TRAINING IN GANG VIOLENCE AND
DRUG AND ALCOHOL ABUSE PREVENTION  FOR  TEACHERS,  COUNSELORS,  ATHLETIC
DIRECTORS,  SCHOOL  BOARD  MEMBERS, AND OTHER EDUCATIONAL PERSONNEL INTO
THE STAFF DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND  COUNTY  OFFICES
OF  EDUCATION.  SUCH  TRAINING SHALL INCLUDE INSTRUCTION TO TEACHERS AND
ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG
REGALIA AND GANG AFFILIATION.
  S  1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY   OTHER
PROVISION  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE GOVERN-
ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS
CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB-
ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF
THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID-
UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI-
CY IS NECESSARY FOR THE HEALTH AND SAFETY  OF  THE  SCHOOL  ENVIRONMENT.
INDIVIDUAL  SCHOOLS  MAY  INCLUDE  THE REASONABLE DRESS CODE POLICY. THE
GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO
HAVE THEIR CHILDREN COMPLY WITH AN ADOPTED  SCHOOL  UNIFORM  POLICY.  NO
PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST
NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE
THE  PUPIL  COMPLY  WITH  THE SCHOOL UNIFORM POLICY. THE GOVERNING BOARD
SHALL CONTINUE TO HAVE RESPONSIBILITY FOR THE APPROPRIATE  EDUCATION  OF
SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY
OUT THE INTENT AND PURPOSES OF THIS SECTION.
  S  1213.  CRIMINAL  STREET  GANG  AND  VIOLENCE PREVENTION PARTNERSHIP
PROGRAM. 1.  THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR  PROGRAMS
FROM  THE  CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL
BE DISBURSED  TO  NON-PROFIT  AGENCIES  THAT  COMPLY  WITH  THE  PROGRAM
REQUIREMENTS AND WHO MEET FUNDING CRITERIA.
  2. GRANTS DISBURSED PURSUANT TO THIS SECTION MAY ENHANCE BUT SHALL NOT
SUPPLANT  LOCAL,  STATE, OR FEDERAL FUNDS THAT WOULD OTHERWISE BE AVAIL-
ABLE FOR THE PREVENTION OR INTERVENTION OF YOUTH INVOLVEMENT  IN  GANGS,
CRIME,  OR VIOLENCE.   GRANTS SHALL BE AWARDED PURSUANT TO A REQUEST FOR
PROPOSALS THAT INFORMS APPLICANTS OF THE PURPOSES  AND  AVAILABILITY  OF
FUNDS  TO BE AWARDED AND SOLICITS PROPOSALS TO PROVIDE SERVICES CONSIST-
ENT WITH THIS ARTICLE. AGENCIES RECEIVING FUNDS PURSUANT TO THIS SECTION
SHALL UTILIZE THE FUNDS TO PROVIDE SERVICES AND ACTIVITIES  DESIGNED  TO
PREVENT  OR  DETER  AT-RISK  YOUTH FROM PARTICIPATING IN GANGS, CRIMINAL
ACTIVITY, OR VIOLENT BEHAVIOR. SUCH FUNDS MAY NOT BE USED  FOR  SERVICES
OR ACTIVITIES RELATED TO SUPPRESSION, LAW ENFORCEMENT, INCARCERATION, OR
OTHER  PURPOSES  NOT  RELATED TO THE PREVENTION AND DETERRENCE OF GANGS,
CRIME, AND VIOLENCE. NOTHING IN THIS  SUBDIVISION  SHALL  PREVENT  FUNDS
FROM  BEING  USED  FOR  VIOLENCE  PREVENTION  AND  GANG CRIME DETERRENCE
SERVICES PROVIDED BY NONPROFIT AGENCIES TO YOUTHS INCARCERATED IN  JUVE-
NILE  DETENTION  FACILITIES. SERVICES AND ACTIVITIES PROVIDED WITH FUNDS
UNDER THIS SECTION SHALL BE USED FOR AT-RISK YOUTH WHO  ARE  DEFINED  AS
PERSONS  FROM  AGE  FIVE  TO  TWENTY YEARS OF AGE AND WHO ARE CURRENT OR

S. 1742                            18

FORMER GANG MEMBERS, OR WHO HAVE ONE OR MORE FAMILY  MEMBERS  LIVING  AT
HOME WHO ARE CURRENT OR FORMER MEMBERS OF A GANG.
  3.  THE  DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE CRIMINAL STREET
GANG AND VIOLENCE PREVENTION PARTNERSHIP  PROGRAM  AFTER  TWO  YEARS  OF
PROGRAM  OPERATION AND EACH YEAR THEREAFTER, TO ASSESS THE EFFECTIVENESS
AND RESULTS OF THE PROGRAM. THE EVALUATION SHALL BE CONDUCTED  BY  STAFF
OR  AN INDEPENDENT BODY THAT HAS EXPERIENCE IN EVALUATING PROGRAMS OPER-
ATED BY COMMUNITY-BASED ORGANIZATIONS OR NONPROFIT AGENCIES.  AFTER  TWO
YEARS  OF  PROGRAM  OPERATION,  AND EACH YEAR THEREAFTER, THE DEPARTMENT
SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE  DESCRIBING
IN DETAIL THE OPERATION OF THE PROGRAM AND THE RESULTS OBTAINED.
  S  13.  The  executive law is amended by adding a new section 837-s to
read as follows:
  S 837-S. OFFICE OF CRIMINAL STREET GANG AND YOUTH VIOLENCE PREVENTION.
1. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED  WITHIN  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES THE OFFICE OF CRIMINAL STREET GANGS AND YOUTH
VIOLENCE (HEREINAFTER IN THIS SECTION, THE "OFFICE"). THE HEAD  OF  SUCH
OFFICE  SHALL BE THE DIRECTOR OF CRIMINAL STREET GANG AND YOUTH VIOLENCE
PREVENTION (HEREINAFTER IN THIS SECTION, THE "DIRECTOR").
  2. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL  BE  RESPONSIBLE  FOR
IDENTIFYING  AND  EVALUATING  STATE,  LOCAL,  AND FEDERAL GANG AND YOUTH
VIOLENCE SUPPRESSION, INTERVENTION, AND PREVENTION PROGRAMS AND  STRATE-
GIES,  ALONG  WITH  FUNDING  FOR  THOSE  EFFORTS.  THE DIRECTOR SHALL BE
RESPONSIBLE FOR MONITORING,  ASSESSING,  AND  COORDINATING  THE  STATE'S
PROGRAMS,  STRATEGIES,  AND FUNDING THAT ADDRESS GANG AND YOUTH VIOLENCE
IN A MANNER THAT MAXIMIZES THE EFFECTIVENESS AND COORDINATION  OF  THOSE
PROGRAMS, STRATEGIES, AND RESOURCES. THE DIRECTOR SHALL COMMUNICATE WITH
LOCAL  AGENCIES  AND PROGRAMS IN AN EFFORT TO PROMOTE THE BEST PRACTICES
FOR ADDRESSING GANG  AND  YOUTH  VIOLENCE  THROUGH  SUPPRESSION,  INTER-
VENTION,  AND  PREVENTION.  OFFICE  ACTIVITIES  AS TO SUCH MATTERS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) DEVELOPING  RECOMMENDATIONS  TO  DEFINE  ITS  MISSION,  ROLE,  AND
RESPONSIBILITIES  AS  A  STATEWIDE ENTITY DEDICATED TO REDUCING VIOLENCE
AND THE PROLIFERATION OF  GANGS  AND  GANG  VIOLENCE  PURSUANT  TO  THIS
SECTION.  IN  DEVELOPING  RECOMMENDATIONS,  THE OFFICE SHALL COLLABORATE
WITH STATE AND  LOCAL  STAKEHOLDERS,  INCLUDING,  BUT  NOT  LIMITED  TO,
NOT-FOR-PROFIT  ORGANIZATIONS  SERVING AT-RISK POPULATIONS AND NEIGHBOR-
HOODS, LAW ENFORCEMENT, EDUCATORS, THE COURTS, POLICY EXPERTS AND SCHOL-
ARS WITH EXPERTISE IN THE AREA OF CRIMINAL STREET GANGS, AND LOCAL POLI-
CYMAKERS.
  (B) IN COLLABORATION  WITH  STATE  AND  LOCAL  STAKEHOLDERS,  DEFINING
ACTIVITIES INCLUDING:
  (I)  THE  COLLECTION AND ANALYSIS OF DATA ON GANG MEMBERSHIP STATEWIDE
AND THE EFFECTIVENESS OF VARIOUS GANG PREVENTION EFFORTS.
  (II) THE DEVELOPMENT OF RELIABLE AND ACCURATE SOURCES OF DATA TO MEAS-
URE THE SCALE AND CHARACTERISTICS OF CRIMINAL STREET GANG PROBLEMS.
  (III) THE DEVELOPMENT OF A  CLEARINGHOUSE  FOR  RESEARCH  ON  CRIMINAL
STREET GANGS, AT-RISK YOUTH, AND PREVENTION AND INTERVENTION PROGRAMS IN
ORDER TO IDENTIFY BEST PRACTICES AND EVIDENCE-BASED PROGRAMMING, AS WELL
AS  UNSUCCESSFUL PRACTICES, IN ORDER TO PROMOTE EFFECTIVE STRATEGIES FOR
REDUCING CRIMINAL STREET  GANG  INVOLVEMENT  AND  CRIMINAL  STREET  GANG
VIOLENCE.
  (IV) THE BEST METHODS TO ASSIST STATE AND LOCAL GOVERNMENTAL AND OTHER
ORGANIZATIONS  IN  DEVELOPING CRIMINAL STREET GANG VIOLENCE AND CRIMINAL
STREET GANG PREVENTION STRATEGIES, INCLUDING BUILT-IN EVALUATION  COMPO-
NENTS.

S. 1742                            19

  (V)  THE DEVELOPMENT OF SUSTAINED COORDINATION MECHANISMS AMONG STATE,
LOCAL, AND REGIONAL ENTITIES.
  (VI)  THE  IDENTIFICATION  OF  AVAILABLE  OR  NEEDED  FEDERAL,  STATE,
REGIONAL, LOCAL, AND PRIVATE FUNDING RESOURCES.
  (VII) THE BEST MEANS TO PROVIDE AND PROMOTE PUBLIC EDUCATION ON EFFEC-
TIVE PROGRAMS, MODELS, AND STRATEGIES FOR THE CONTROL  OF  VIOLENCE  AND
SERVING  AS  A  CLEARINGHOUSE  FOR  INFORMATION  ON CRIMINAL STREET GANG
VIOLENCE PREVENTION ISSUES, PROGRAMS, RESOURCES, AND RESEARCH.
  (VIII) MEANS OF PROVIDING OR PROMOTING TRAINING AND TECHNICAL  ASSIST-
ANCE TO HELP BUILD THE CAPACITY OF ORGANIZATIONS, COMMUNITIES, AND LOCAL
GOVERNMENT  TO  DEVELOP,  IMPLEMENT,  AND  EVALUATE CRIMINAL STREET GANG
VIOLENCE PREVENTION PROGRAMS.
  (IX) PROVIDING INFORMATION AND GUIDANCE TO  STATE  AND  LOCAL  GOVERN-
MENTAL  AND  NON-GOVERNMENTAL  ENTITIES  ON  ACCESSING STATE AND FEDERAL
RESOURCES TO PREVENT CRIMINAL STREET GANG VIOLENCE.
  (X) FACILITATING GREATER INTEGRATION BETWEEN  EXISTING  ENTITIES  WITH
RESPECT TO CRIMINAL STREET GANG PREVENTION EFFORTS.
  3. REPORT. THE OFFICE SHALL PUBLISH A REPORT OF ITS POLICY RECOMMENDA-
TIONS  AND ACTIVITIES, WHICH IT SHALL PROVIDE TO THE LEGISLATURE AND THE
GOVERNOR, AND MAKE AVAILABLE TO THE  PUBLIC  ONLINE.  THE  OFFICE  SHALL
ANNUALLY UPDATE SUCH REPORT, AND INCLUDE RECOMMENDATIONS FOR MORE EFFEC-
TIVE  ACTION,  PROGRAM  CHANGES, AND STATUTORY CHANGES TO BETTER PREVENT
THE PROLIFERATION OF CRIMINAL STREET  GANGS  AND  CRIMINAL  STREET  GANG
VIOLENCE.
  4.  CURRICULUM.  THE  OFFICE  IN  COLLABORATION WITH THE DEPARTMENT OF
EDUCATION, SHALL ESTABLISH CURRICULUM FOR THE ANTI-GANG VIOLENCE PARENT-
ING CLASSES REQUIRED PURSUANT TO THIS SECTION, INCLUDING, BUT NOT LIMIT-
ED TO, ALL OF THE FOLLOWING CRITERIA:
  (A) A MEETING IN WHICH THE FAMILIES OF INNOCENT  VICTIMS  OF  CRIMINAL
STREET GANG VIOLENCE SHARE THEIR EXPERIENCES.
  (B)  A  MEETING  IN WHICH THE SURVIVING PARENTS OF A DECEASED CRIMINAL
STREET GANG MEMBER SHARE THEIR EXPERIENCE.
  (C) HOW TO IDENTIFY CRIMINAL STREET GANG AND DRUG-RELATED ACTIVITY  IN
CHILDREN.
  (D) HOW TO COMMUNICATE EFFECTIVELY WITH ADOLESCENTS.
  (E)  AN  OVERVIEW  OF PERTINENT SUPPORT AGENCIES AND ORGANIZATIONS FOR
INTERVENTION, EDUCATION, JOB TRAINING, AND POSITIVE RECREATIONAL  ACTIV-
ITIES,  INCLUDING  TELEPHONE  NUMBERS,  LOCATIONS,  AND CONTACT NAMES OF
THOSE AGENCIES AND ORGANIZATIONS.
  (F) THE POTENTIAL FINES AND PERIODS OF INCARCERATION FOR  THE  COMMIS-
SION OF ADDITIONAL CRIMINAL STREET GANG-RELATED OFFENSES.
  (G)  THE  POTENTIAL  PENALTIES  THAT  MAY  BE IMPOSED UPON PARENTS FOR
AIDING AND ABETTING CRIMES COMMITTED BY THEIR CHILDREN.
  5. CRIMINAL STREET GANG DATABASE. IN DEVELOPING  AND  MAINTAINING  THE
STATEWIDE  CRIMINAL STREET GANG REGISTRATION SYSTEM REQUIRED PURSUANT TO
ARTICLE SIX-D OF THE CORRECTION LAW, THE DIVISION  OF  CRIMINAL  JUSTICE
SERVICES,  THROUGH THE OFFICE MAY ESTABLISH A CRIMINAL STREET GANG DATA-
BASE. IN DOING SO, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL:
  (A) CREATE A UNIFORM REPORTING  FORMAT  FOR  THE  ENTRY  OF  PERTINENT
INFORMATION  REGARDING  THE  REPORT  OF AN ARRESTED CRIMINAL STREET GANG
MEMBER OR ORGANIZED CRIMINAL STREET GANG AFFILIATES INTO THE DATABASE.
  (B) NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES  THAT  REPORTS
OF  ARRESTED  CRIMINAL  STREET GANG MEMBERS OR ORGANIZED CRIMINAL STREET
GANG AFFILIATES SHALL BE ENTERED INTO THE STATEWIDE CRIMINAL STREET GANG
DATABASE AS SOON AS THE MINIMUM LEVEL OF DATA, TO BE  SPECIFIED  BY  THE

S. 1742                            20

DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, IS AVAILABLE TO THE REPORTING
AGENCY.
  (C)  DEVELOP  AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND LOCAL LAW
ENFORCEMENT AGENCIES OF THE EMERGENCE OF NEW ORGANIZED  CRIMINAL  STREET
GANGS  OR  THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION SIGN OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG.
  (D) COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES  IN  A  MANNER  THAT  ALLOWS  THE
INFORMATION  TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES.
  (E) COMPILE AND MAINTAIN  AN  HISTORIC  DATA  REPOSITORY  RELATING  TO
ORGANIZED  CRIMINAL  STREET  GANGS  AND  THEIR MEMBERS AND AFFILIATES IN
ORDER TO DEVELOP AND IMPROVE  TECHNIQUES  UTILIZED  BY  LAW  ENFORCEMENT
AGENCIES  AND PROSECUTORS IN THE INVESTIGATION, APPREHENSION, AND PROSE-
CUTION OF MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS.
  (F) CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF  ORGAN-
IZED  CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET GANG
AFFILIATION DATA, TIMELINESS AND ACCURACY OF  INFORMATION  ENTERED  INTO
THE  STATEWIDE  CRIMINAL  STREET GANG DATABASE AND PERFORMANCE AUDITS OF
ALL AGENCIES ENTERING INFORMATION.
  6. PILOT PROGRAM. THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  THROUGH
THE  OFFICE,  AND  IN  COOPERATION  WITH  THE DEPARTMENT OF CORRECTIONAL
ALTERNATIVES, SHALL ESTABLISH A PILOT PROGRAM  UNDER  WHICH  LEADERS  OF
CRIMINAL  STREET  GANGS  MAY  BE  TRANSFERRED TO PRISONS IN OTHER STATES
PURSUANT TO SECTION ONE HUNDRED THREE OF THE CORRECTION LAW.  THE  DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL REPORT BIENNIALLY ON THE SUCCESS
OF SUCH PROGRAM, WITH RECOMMENDATIONS FOR CHANGE, TO THE LEGISLATURE AND
THE GOVERNOR.
  S  14.  Subdivision (f) of section 10.03 of the mental hygiene law, as
added by chapter 405 of the laws of 2010, is amended to read as follows:
  (f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
[120.06]  495.07, gang assault in the first degree as defined in section
[120.07] 495.08, stalking in the first  degree  as  defined  in  section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter in the second degree  as  defined  in  subdivision  one  of
section  125.15,  manslaughter in the first degree as defined in section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section 135.20, kidnapping in the first degree  as  defined  in  section
135.25,  burglary  in  the  third  degree  as defined in section 140.20,
burglary in the second degree as defined in section 140.25, burglary  in
the  first  degree  as  defined  in  section 140.30, arson in the second
degree as defined in section  150.15,  arson  in  the  first  degree  as
defined  in  section  150.20,  robbery in the third degree as defined in
section 160.05, robbery in the  second  degree  as  defined  in  section
160.10,  robbery  in  the  first  degree  as  defined in section 160.15,
promoting prostitution in  the  second  degree  as  defined  in  section
230.30, promoting prostitution in the first degree as defined in section
230.32,  compelling  prostitution  as defined in section 230.33, dissem-
inating indecent material to minors in the first degree  as  defined  in
section  235.22,  use  of  a child in a sexual performance as defined in

S. 1742                            21

section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 15. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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