Assembly Bill A9102

2013-2014 Legislative Session

Establishes the class D felony of criminal street gang recruitment on school grounds

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9102 (ACTIVE) - Details

See Senate Version of this Bill:
S2458
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §460.10, add §460.65, Pen L; add §318, Hway L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4578, S483
2011-2012: A4211, S2940
2015-2016: A6840, S3852
2017-2018: A6375, S6211
2019-2020: A6685, S1773
2021-2022: S4632
2023-2024: S4111

2013-A9102 (ACTIVE) - Summary

Establishes the class D felony of criminal street gang recruitment on school grounds; authorizes municipalities to place gang free school zone signs on highways passing through school grounds.

2013-A9102 (ACTIVE) - Bill Text download pdf

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

                                  9102

                          I N  A S S E M B L Y

                             March 17, 2014
                               ___________

Introduced  by M. of A. CRESPO, RODRIGUEZ, DAVILA, ROSA, MOYA, SEPULVEDA
  -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BENEDETTO,  BRENNAN,
  BROOK-KRASNY,  CLARK,  COLTON, FARRELL, FINCH, GALEF, GIGLIO, GUNTHER,
  HEVESI, HIKIND, HOOPER,  JAFFEE,  KOLB,  LUPARDO,  MAGEE,  MAGNARELLI,
  MARKEY,  McDONOUGH,  McKEVITT,  MILLMAN,  NOLAN, ORTIZ, RAMOS, RIVERA,
  SCARBOROUGH,  STIRPE,  SWEENEY,  THIELE,  TITONE,  TITUS,  WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to criminal street gang
  recruitment on school grounds;  and  to  amend  the  highway  law,  in
  relation to authorizing the placement of gang free school zone signs

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

  Section 1. Section 460.10 of the penal law is amended by  adding  four
new subdivisions 5, 6, 7 and 8 to read as follows:
  5. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
ONE  OF  ITS  PRIMARY  ACTIVITIES THE COMMISSION OF ONE OR MORE CRIMINAL
ACTS, WHICH HAS AN IDENTIFIABLE NAME OR IDENTIFYING SIGN OR SYMBOL,  AND
WHOSE  MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN
CRIMINAL STREET GANG ACTIVITY.
  6. "CRIMINAL STREET GANG MEMBER" MEANS A PERSON TO WHOM TWO OR MORE OF
THE FOLLOWING CRITERIA APPLY:
  (A) ADMITS TO CRIMINAL STREET GANG MEMBERSHIP;
  (B) IS IDENTIFIED AS A CRIMINAL STREET GANG  MEMBER  BY  A  DOCUMENTED
RELIABLE INFORMANT;
  (C)  RESIDES  IN OR FREQUENTS A PARTICULAR CRIMINAL STREET GANG'S AREA
AND ADOPTS ITS STYLE OF DRESS, ITS USE OF HAND SIGNALS  OR  ITS  TATTOOS
AND ASSOCIATES WITH KNOWN CRIMINAL STREET GANG MEMBERS;
  (D)  HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF KNOWN CRIMINAL
STREET GANG MEMBERS FOR OFFENSES WHICH ARE CONSISTENT WITH USUAL  CRIMI-
NAL STREET GANG ACTIVITY;
  (E)  IS  IDENTIFIED  AS  A  CRIMINAL  STREET  GANG  MEMBER BY PHYSICAL
EVIDENCE, SUCH AS PHOTOGRAPHS OR OTHER DOCUMENTATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05447-01-3
              

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