senate Bill S1742A

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

See Assembly Version of this Bill:
A10465
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 - 495.11, amd §§60.07, 70.02 & 130.91, Pen L; amd §1349, CPLR; add §97-llll, St Fin L; add Art 25 §§1210 - 1213, Ed L; amd §10.03, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S2108, S7929, S7929

Sponsor Memo

BILL NUMBER:S1742A

TITLE OF BILL: An act to amend the penal law, the civil practice law
and rules, the state finance law, the education law, and the mental
hygiene law, in relation to defining offenses involving criminal street
gangs, creating the criminal street gang prevention fund, and providing
for gang prevention services in schools; 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 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.

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 crimi-
nal street gang; or threatens a person with physical violence with the
intent to coerce, induce, or solicit such person or another to partic-
ipate 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 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 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.

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

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

* Allows establishment of Dress Code regarding 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.

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 of gang members recruited girls as young as 15 years
of age to serve in gangs. These girls were forced to work as teen pros-
titutes to make money for the gang.

It is in the public interest to establish a comprehensive approach to
protection of protect public order and individual safety against crimi-
nal 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
S.1742 of 2011- Referred to Codes
S.1742 of 2012- Referred to Codes
S.1742A of 2012 - Amended and Recommitted 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--A

                       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 --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, the civil practice  law  and  rules,  the
  state  finance  law, the education law, and the mental hygiene law, in
  relation to defining offenses involving criminal street gangs,  creat-
  ing  the  criminal street gang prevention fund, and providing for gang
  prevention services in schools; 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.
                                                           LBD04618-02-2

S. 1742--A                          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,  and  by expanding education and
intervention  to prevent the growth of criminal street gangs 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 148 of the laws of 2011, 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.
  (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-

S. 1742--A                          3

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, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section [120.06] 495.07, strangulation 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:
                                 TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS

S. 1742--A                          4

                               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 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.
  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,

S. 1742--A                          5

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.
  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. 1742--A                          6

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 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

S. 1742--A                          7

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
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

S. 1742--A                          8

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-LLLL OF THE STATE FINANCE LAW.
  S 9. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S  97-LLLL.  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. 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-

S. 1742--A                          9

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.
  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-LLLL 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-

S. 1742--A                         10

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
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  11.  Subdivision (f) of section 10.03 of the mental hygiene law, as
amended 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--A                         11

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 12. 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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