senate Bill S4444A

Enacts the New York state criminal street gang act

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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

  • 01 / Apr / 2013
    • REFERRED TO CODES
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.393
  • 04 / Jun / 2013
    • AMENDED ON THIRD READING (T) 4444A
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 06 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • REPORTED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1113
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CODES

Summary

Enacts the criminal street gang 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:
A7983
Versions:
S4444
S4444A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Title Y-2 Art 495 §§495.05 - 495.40, Pen L; amd §1349, CPLR; add §97-llll, St Fin L; add Art 25 §§1210 - 1213, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1742A
2009-2010: S2108, S7929

Sponsor Memo

BILL NUMBER:S4444A

TITLE OF BILL: An act to amend the civil practice law and rules, the
penal law, the state finance law and the education 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

PURPOSE: To provide a comprehensive statutory framework for the
prosecution and prevention of criminal street gang activity.

SUMMARY OF PROVISIONS:

Section 1. Short title: the "New York State criminal street gang
enforcement and prevention act."

§ 2. Legislative findings and purpose.

§ 3. Forfeiture. Amends paragraph (g) of subdivision two of section
1349 of CPLR to apply similar 40% forfeiture provisions for property
seized under the new gang provisions as for chemical dependence, funds
to be deposited in the new criminal street gang prevention fund
created by this act and to be used for grants to schools for criminal
street gang prevention.

§ 4. Penalties & definitions. Creates Title Y-2 in the Penal Law,
Offenses Involving Criminal Street Gangs, and new Article 495, the
Criminal Street Gangs Enforcement And Prevention Act: Definitions (
495.05).

1. Criminal street gang - a street gang that engages in a pattern of
criminal street gang activity for its benefit or for the benefit of
one or more members. "Street gang" is an association in fact of two or
more individuals identified by a common name, sign, dress, symbols,
tattoos, or other mark or markings.

2. Participation in a Criminal Street Gang means a) committing an act
of criminal street gang activity to obtain, maintain or increase
position in a criminal street gang; b) committing any act of criminal
street gang activity at the direction of or with the knowledge of two
or more members of a criminal street gang; c) knowingly using the
assets of a criminal street gang in the commission of any act of
criminal street gang activity, d) knowing receipt of any proceeds or
benefits from the commission of any act of criminal street gang
activity.

3. Pattern of criminal street gang activity means the commission of
two or more discreet acts of criminal street gang activity within
three years, including the conspiracy to commit, solicit, attempt, or
aid and abet the commission of any act of criminal street gang
activity;

4. Criminal street gang activity includes the crimes that constitute
criminal street gang activity. Importantly, this definition does not
affect the application of the included criminal statutes, rather it
includes them in the kinds of activities deemed criminal street gang
activity. Regarding guns, and gun crimes, the crimes included are


criminal sale of a firearm in the third degree (265.11), second
(265.12), and first degree (265.13), as such statutes were in effect
prior to the passage of the SAFE Act.

Crimes

* New Class E felonies:

- § 495.10 Accepting the benefits or proceeds of criminal street gang
activity. Knowing accepting from a criminal street gang the benefits
or proceeds from criminal street gang activity, or of any substituted
asset obtained or converted.

- § 495.15 Participation in criminal street gang activity. Acting as a
member of a criminal street gang, a person knowingly promotes,
furthers, assists in, conducts, facilitates, or participates in
commission of criminal street gang activity, or knowingly receives the
benefits from such activity, or uses or invests the income, assets,
proceeds, or substitute proceeds, from criminal street gang activity
for the benefit of the criminal street gang.

- § 495.20 Solicitation for participation in a criminal street gang in
the third degree. Soliciting or recruiting a person or threatening
physical injury to participate in a criminal street gang.

* New Class D felonies

- § 495.25 Solicitation for participation in a criminal street gang in
the second degree. intending to cause and causing physical injury to
another person in order to coerce, induce, or solicit such person to
participate in a criminal street gang.

- § 495.30 Solicitation of minors for participation in a criminal
street gang. Soliciting a person less than 18 years old.

* New Class C felonies

- § 495.35 Solicitation of minors for participation in a criminal
street gang on school grounds. Soliciting minors per 495.30 on school
grounds.

§ 495.40 Sentencing. Enhanced sentencing provisions for persons
convicted of participation in criminal street gang activity, depending
on the status of the underlying specific offenses:

* If a person is convicted of participation in criminal gang activity,
and at least one of the criminal gang activities is a violent felony
offense, the crime of participation in criminal street gang activity
shall also be deemed a violent felony offense.

* Where the criminal street gang activity offense is a misdemeanor or
class "A", "D", or "E" felony, the crime of participation in criminal
street gang activity is deemed one category higher than the offense
the defendant committed.

* Where the crime is a class "B" felony, the minimum prison term will
depend on which section of the Penal Law the defendant is sentenced


under, and would range from a minimum of four years to a minimum of
twelve years in prison.

* Fourth, if the criminal street gang activity offense is a class
"A-1" felony, the minimum sentence would be twenty years.

§ 5. Criminal street gang prevention fund as section 97-1111 in state
finance law to receive appropriations, forfeitures, or other
transfers. After appropriation, the monies may be used to support the
criminal street gang and violence prevention partnership program,
created in the State Education Department by this act.

§ 6. Gang prevention programs. The education law is amended by adding
a new article 25 Gang Prevention. It includes creation of Model gang
violence curriculum, dress code concerning gang-related apparel, and
the criminal street gang and violence prevention partnership program.

§ 7. Severability.

EXISTING LAW: Current law contains crimes for gang assault but no
comprehensive gang prevention program. The Organized Crime Control Act
of Title X of the Penal Law applies to different conduct than that
addressed by this bill.

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. The
crimes committed by street gang are all too well-known by many New
Yorkers, and range from petty crimes to murder and sexual assault. The
damage done by criminal street gangs, however, cannot be measured
merely by the toll they take on the victims of such crimes. Rather,
the effects of criminal street gangs are far more insidious, and
poison entire communities. It is in the public interest to establish a
comprehensive approach to the protection of protect public order and
individual safety from criminal street gangs and gang-related
violence. This bill establishes such a comprehensive approach by
increasing penalties for gang-related violence, creating anti-crime
programs that focus on patterns of criminal gang activity and
organization, expanding education and intervention to prevent the
growth of criminal street gangs, and establishing an ongoing system of
tracking criminal gang activity.

LEGISLATIVE HISTORY: S.1742A of 2012 - Passed Senate 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.

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

                                 4444--A
    Cal. No. 393

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, ZELDIN, ADDABBO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee and committed to the  Committee
  on Rules -- ordered to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend  the civil practice law and rules, the penal law, the
  state finance law and the  education  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

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

  Section  1.  This act shall be known and may be cited as the "New York
State criminal street gang act".
  S 2. Legislative findings and purpose. The  legislature  hereby  finds
that  preservation  of public order and improvement of individual safety
and security can be improved by a comprehensive, targeted, and  systemic
enhancement  of state laws applicable to criminal street gangs and their
activities in order to prevent the  growth  of  such  gangs,  facilitate
prosecution  and  punishment  of  their  members  for unlawful acts, and
punish those who solicit others to participate in such gangs and in acts
of gang-related violence and unlawfulness  or  who  provide  support  or
resources to those who commit or encourage the commission of such acts.
  The  legislature  therefore  declares  it  to be in every sense in the
public  interest  to  establish  the  comprehensive  approach   to   the
protection  of  public  order  and individual safety enacted by this act
that will enhance prosecution and punishment of the unlawful  activities
of  criminal  street  gangs, prevent their growth and ability to recruit
members, and  expand  effective  anti-gang  education  and  intervention
activities by the state and its localities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01263-05-3

S. 4444--A                          2

  S 3. Paragraph (g) of subdivision 2 of section 1349 of the civil prac-
tice  law  and  rules, as amended by chapter 398 of the laws of 2004, is
amended to read as follows:
  (g)  Forty percent of all moneys realized through forfeiture which are
remaining after distributions pursuant to paragraphs (a) through (f)  of
this  subdivision,  to  the chemical dependence service fund established
pursuant to section ninety-seven-w of the state finance law, EXCEPT THAT
IN THE CASE OF ANY SUCH MONIES  REALIZED  THROUGH  FORFEITURE  RESULTING
FROM  CONVICTIONS OBTAINED UNDER ARTICLE FOUR HUNDRED NINETY-FIVE OF THE
PENAL LAW, SUCH FORTY PERCENT SHALL BE PAID  INTO  THE  CRIMINAL  STREET
GANG  PREVENTION  FUND  ESTABLISHED  BY SECTION NINETY-SEVEN-LLLL OF THE
STATE FINANCE LAW;
  S 4. The penal law is amended by adding a new title  Y-2  to  read  as
follows:
                                TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS
                               ARTICLE 495
          CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
SECTION 495.05 DEFINITIONS.
        495.10 ACCEPTING  THE  BENEFITS  OR  PROCEEDS OF CRIMINAL STREET
                 GANG ACTIVITY.
        495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET  GANG
                 IN THE THIRD DEGREE.
        495.25 SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG
                 IN THE SECOND DEGREE.
        495.30 SOLICITATION OF MINORS FOR PARTICIPATION  IN  A  CRIMINAL
                 STREET GANG.
        495.35 SOLICITATION  OF  MINORS  FOR PARTICIPATION IN A CRIMINAL
                 STREET GANG ON SCHOOL GROUNDS.
        495.40 SENTENCING.
S 495.05 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
           MEAN AND INCLUDE:
  1. "CRIMINAL STREET GANG" MEANS  A  STREET  GANG  THAT  ENGAGES  IN  A
PATTERN  OF  CRIMINAL  STREET  GANG  ACTIVITY FOR ITS BENEFIT OR FOR THE
BENEFIT OF ONE OR MORE MEMBERS.  AS  USED  IN  THIS  ARTICLE,  THE  TERM
"STREET  GANG"  MEANS AND INCLUDES ANY FORMAL OR INFORMAL ASSOCIATION IN
FACT OF TWO OR MORE INDIVIDUALS  IDENTIFIED  BY  A  COMMON  NAME,  SIGN,
DRESS, SYMBOLS, TATTOOS, OR OTHER MARK OR MARKINGS.
  2.  "PARTICIPATION IN A CRIMINAL STREET GANG" MEANS (A) THE COMMISSION
OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY BY A PERSON FOR THE  PURPOSE
OF  OBTAINING,  MAINTAINING  OR  INCREASING  SUCH PERSON'S POSITION IN A
CRIMINAL STREET GANG, OR (B) THE  COMMISSION  OF  ANY  ACT  OF  CRIMINAL
STREET GANG ACTIVITY AT THE DIRECTION OF OR WITH THE KNOWLEDGE OF TWO OR
MORE  MEMBERS  OF  A  CRIMINAL  STREET  GANG, OR (C) KNOWINGLY USING THE
ASSETS OF A CRIMINAL STREET GANG IN THE COMMISSION OF ANY ACT OF  CRIMI-
NAL  STREET GANG ACTIVITY, OR (D) THE KNOWING RECEIPT OF ANY PROCEEDS OR
BENEFITS, DIRECTLY OR INDIRECTLY, FROM THE  COMMISSION  OF  ANY  ACT  OF
CRIMINAL  STREET GANG ACTIVITY, INCLUDING THE RECEIPT OF ANY SUBSTITUTED
ASSET OBTAINED OR CONVERTED FROM PROCEEDS OF SUCH ACT.
  3. "PATTERN OF CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION  OF
TWO OR MORE DISCREET ACTS OF CRIMINAL STREET GANG ACTIVITY, ONE OF WHICH
OCCURRED  AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND THE LAST OF WHICH
OCCURRED WITHIN THREE YEARS (EXCLUDING ANY PERIOD OF IMPRISONMENT) AFTER
THE COMMISSION OF A PRIOR ACT OF CRIMINAL STREET GANG ACTIVITY. AS  USED
IN  THIS  ARTICLE, "PATTERN OF CRIMINAL STREET GANG ACTIVITY" ALSO MEANS

S. 4444--A                          3

AND INCLUDES THE CONSPIRACY TO COMMIT, SOLICIT, ATTEMPT,  AID  AND  ABET
THE COMMISSION OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY;
  4.  "CRIMINAL  STREET GANG ACTIVITY" MEANS ANY FELONY CRIMINAL OFFENSE
DEFINED BY ANY OF THE FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:  SECTION
120.00  (ASSAULT  IN  THE  THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE
SECOND DEGREE); SECTION 120.06 (GANG  ASSAULT  IN  THE  SECOND  DEGREE);
SECTION  120.07  (GANG  ASSAULT  IN  THE  FIRST  DEGREE); SECTION 120.10
(ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
PERSON LESS THAN ELEVEN YEARS OLD);  SECTION  120.13  (MENACING  IN  THE
FIRST  DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION
120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20  (RECKLESS  ENDAN-
GERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN
THE FIRST DEGREE); SECTION 121.12 (STRANGULATION IN THE SECOND  DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE);  SECTION
125.27  (MURDER  IN  THE  FIRST  DEGREE);  SECTION 125.25 (MURDER IN THE
SECOND DEGREE); SECTION 120.45 (STALKING IN THE FOURTH DEGREE);  SECTION
120.50  (STALKING  IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN THE
SECOND DEGREE); SECTION 120.60 (STALKING IN THE FIRST DEGREE);  SUBDIVI-
SION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE
OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SUBDIVISION
ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH  (A)
OF  SUBDIVISION  ONE  OF  SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE
SECOND DEGREE); PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.70
(AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL
IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
MENT  IN  THE  FIRST  DEGREE);  SECTION 135.20 (KIDNAPPING IN THE SECOND
DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
(COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN  THE  FIRST
DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
140.15  (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMI-
NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30
(BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
(CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTIONS 210.10 AND 210.15
(PERJURY);  SECTIONS  215.00,  215.05,  215.11,  215.12, 215.13, 215.15,
215.16, 215.17, 215.19, (BRIBERY,  TAMPERING  WITH  A  JUROR);  SECTIONS
220.06,  220.09, 220.16, 220.18, 220.21, 220.28, 220.31, 220.34, 220.39,
220.41, 220.43,  220.44  (CONTROLLED  SUBSTANCE  SALE  AND  POSSESSION);
SECTIONS 240.06, 240.15, 240.31, 240.32, 240.46, 240.55, 240.60, 240.61,
240.62,  240.63,  240.71,  240.72,  240.73,  240.75  (RIOT  AND OFFENSES
AGAINST PUBLIC ORDER); SECTION 240.25 (HARASSMENT IN THE FIRST  DEGREE);
SUBDIVISION  ONE,  TWO, OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT
IN THE SECOND DEGREE); SECTION 242.15 (HARMING A SERVICE ANIMAL  IN  THE
FIRST  DEGREE);  SECTIONS  250.05,  250.45, 250.50, 250.60 (WIRETAPPING,

S. 4444--A                          4

UNLAWFUL SURVEILLANCE, AND  OFFENSES  AGAINST  THE  RIGHT  TO  PRIVACY),
SECTION  270.20  (UNLAWFUL  WEARING OF A BODY VEST); AND SECTIONS 270.30
AND 270.35 (UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE);  DRUG
TRAFFICKING  FELONY  AS  DEFINED  IN  SUBDIVISION  TWENTY-ONE OF SECTION
10.00; OR ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS
CHAPTER: SECTION  120.03,  120.04,  120.04-A,  120.05,  120.08,  120.09,
120.10,  120.11, 120.13, 120.18, 120.55, 120.60, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21 125.22, 125.25, 125.26, 125.27,  135.65,  140.17,
140.20,  140.25, 140.30, 145.00, 145.05, 145.10, 145.12, 145.60, 145.65,
190.25,  190.26,  190.78,  190.79,  190.80,  190.80-A,  200.00,  200.02,
200.03,  205.60, 205.65, 220.15, 230.19, 230.20, 230.25, 230.32, 230.33,
OR 230.34; 265.11, 265.12, OR 235.13, AS SUCH PROVISIONS WERE IN  EFFECT
PRIOR  TO THE ENACTMENT OF CHAPTER ONE OF THE LAWS OF TWO THOUSAND THIR-
TEEN; ARTICLE ONE HUNDRED FIFTY-FIVE, ONE  HUNDRED  SIXTY,  TWO  HUNDRED
TEN,  FOUR  HUNDRED  SEVENTY,  FOUR  HUNDRED EIGHTY-FIVE OR FOUR HUNDRED
NINETY; OR ANY FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, ONE
HUNDRED THIRTY-FIVE, ONE HUNDRED  FIFTY,  ONE  HUNDRED  SIXTY-FIVE,  TWO
HUNDRED  FIFTEEN,  TWO  HUNDRED  FORTY, TWO HUNDRED FIFTY OR TWO HUNDRED
SIXTY-THREE; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
S 495.10 ACCEPTING THE BENEFITS OR  PROCEEDS  OF  CRIMINAL  STREET  GANG
           ACTIVITY.
  A  PERSON  IS GUILTY OF ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL
STREET GANG ACTIVITY WHEN SUCH PERSON KNOWINGLY ACCEPTS FROM A  CRIMINAL
STREET  GANG  THE  BENEFITS  OR  PROCEEDS DERIVED FROM THE COMMISSION OF
CRIMINAL STREET GANG ACTIVITY, OR OF ANY SUBSTITUTED ASSET  OBTAINED  OR
CONVERTED FROM PROCEEDS OR BENEFITS DERIVED FROM SUCH ACT.
  ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL STREET GANG ACTIVITY IS
A CLASS E FELONY.
S 495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
WHEN, ACTING AS A MEMBER OF A CRIMINAL STREET GANG, SUCH PERSON KNOWING-
LY PROMOTES, FURTHERS, ASSISTS IN,  CONDUCTS,  FACILITATES,  OR  PARTIC-
IPATES  IN THE COMMISSION OF CRIMINAL STREET GANG ACTIVITY, OR KNOWINGLY
RECEIVES THE BENEFITS FROM CRIMINAL STREET GANG  ACTIVITY,  OR  USES  OR
INVESTS THE INCOME, ASSETS, PROCEEDS, OR SUBSTITUTE PROCEEDS, FROM CRIM-
INAL STREET GANG ACTIVITY FOR THE BENEFIT OF THE CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
           THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG IN THE THIRD DEGREE IF  SUCH  PERSON  SOLICITS  OR  RECRUITS
ANOTHER  TO PARTICIPATE IN A CRIMINAL STREET GANG, OR THREATENS A PERSON
WITH PHYSICAL INJURY WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT  SUCH
PERSON OR ANOTHER TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE THIRD
DEGREE IS A CLASS E FELONY.
S 495.25 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
STREET  GANG  IN  THE  SECOND DEGREE WHEN, WITH INTENT TO CAUSE PHYSICAL
INJURY TO ANOTHER PERSON, SUCH PERSON CAUSES PHYSICAL INJURY TO  ANOTHER
PERSON IN ORDER TO COERCE, INDUCE, OR SOLICIT SUCH PERSON TO PARTICIPATE
IN A CRIMINAL STREET GANG.
  SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE SECOND
DEGREE IS A CLASS D FELONY.

S. 4444--A                          5

S 495.30 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
           GANG.
  A  PERSON  IS  GUILTY OF SOLICITATION OF MINORS FOR PARTICIPATION IN A
CRIMINAL STREET GANG WHEN HE OR SHE COMMITS, FACILITATES,  OR  CONSPIRES
TO  COMMIT  THE  CRIME  OF  SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG AND THE PERSON SOLICITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  IS
A CLASS D FELONY.
S 495.35 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
           GANG ON SCHOOL GROUNDS.
  A PERSON IS GUILTY OF SOLICITATION OF MINORS FOR  PARTICIPATION  IN  A
CRIMINAL  STREET  GANG ON SCHOOL GROUNDS WHEN HE OR SHE COMMITS, FACILI-
TATES, OR CONSPIRES TO COMMIT THE CRIME OF SOLICITATION  OF  MINORS  FOR
PARTICIPATION  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 OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  ON
SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.40 SENTENCING.
  1.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE, AND ONE  OR  MORE  OF
THE CRIMINAL STREET GANG ACTIVITIES CONSTITUTING SUCH PARTICIPATION 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 CRIMINAL
STREET GANG ACTIVITY 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 CRIMINAL  STREET  GANG  ACTIVITY  THE
DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT CRIMINAL STREET GANG ACTIVITY, 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 UNDERLYING CRIMINAL STREET GANG ACTIV-
ITY OR PATTERN OF CRIMINAL STREET GANG ACTIVITY 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 CRIMINAL

S. 4444--A                          6

STREET GANG ACTIVITY IS A CLASS A-1 FELONY, THE MINIMUM  PERIOD  OF  THE
INDETERMINATE  SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISON-
MENT.
  S  5. 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 CRIMINAL STREET GANG PREVENTION FUND SHALL  CONSIST  OF  MONEYS
APPROPRIATED  THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
AND MONEYS DEPOSITED THEREIN PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
THIRTEEN  HUNDRED  FORTY-NINE OF THE CIVIL PRACTICE LAW AND RULES OR ANY
OTHER SECTION OF LAW.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED TO SUPPORT THE CRIMINAL STREET GANG AND VIOLENCE  PREVENTION
PARTNERSHIP PROGRAM ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED THIR-
TEEN  OF  THE  EDUCATION LAW. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON
THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED  OR
APPROVED  BY THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, IN COLLAB-
ORATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 6. 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. 1.  THE DEPARTMENT, AFTER  CONSULTATION  WITH
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  REGARDING GANG VIOLENCE,
SHALL:
  (A) PREPARE AND DISTRIBUTE TO  SCHOOLS  GUIDELINES  FOR  INCORPORATING
IN-SERVICE  TRAINING  IN  GANG VIOLENCE INTO STAFF DEVELOPMENT PLANS FOR
TEACHERS, COUNSELORS, ATHLETIC  DIRECTORS,  SCHOOL  BOARD  MEMBERS,  AND
OTHER  EDUCATIONAL PERSONNEL, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL
IN DEVELOPING COMPREHENSIVE GANG VIOLENCE IN-SERVICE TRAINING  PROGRAMS.
TO  THE  MAXIMUM  EXTENT  POSSIBLE SUCH INFORMATION AND GUIDELINES 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
GANG VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY AND CITY  LAW  ENFORCE-
MENT  AGENCIES,  AND  OTHER  PUBLIC  AND PRIVATE AGENCIES PROVIDING GANG
VIOLENCE PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL; AND
  (B) ASSIST SCHOOLS SEEKING TO QUALIFY FOR RECEIPT OF FEDERAL AND STATE
FUNDS TO SUPPORT GANG VIOLENCE AND DRUG  AND  ALCOHOL  ABUSE  PREVENTION
IN-SERVICE TRAINING PROGRAMS.
  2.  THE  TERM  "GANG  VIOLENCE  AND  DRUG AND ALCOHOL ABUSE PREVENTION
IN-SERVICE 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
AND THEIR PARENTS TO ASSIST THEM  IN  DEVELOPING  THE  POSITIVE  VALUES,
SELF-ESTEEM,  KNOWLEDGE,  AND  SKILLS TO LEAD PRODUCTIVE, GANG-FREE, AND
DRUG-FREE LIVES, INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES OF

S. 4444--A                          7

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.
  S   1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY  OTHER
PROVISION OF ANY OTHER LAW TO THE  CONTRARY  NOTWITHSTANDING,  FOLLOWING
PROCEDURES  ESTABLISHED  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, THE BOARD OF EDUCATION OR  THE  TRUSTEES,  AS  DEFINED  IN
SECTION  TWO OF THIS CHAPTER, OF EVERY SCHOOL DISTRICT WITHIN THE STATE,
HOWEVER CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY VOCATIONAL EXTENSION BOARD MAY ADOPT  OR  RESCIND  A  DRESS  CODE
POLICY  THAT  REQUIRES PUPILS TO WEAR A SCHOOL-WIDE UNIFORM OR PROHIBITS
PUPILS FROM WEARING "GANG-RELATED APPAREL".
  S 1213. CRIMINAL  STREET  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP
PROGRAM. 1. THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIMI-
NAL  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-
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.

S. 4444--A                          8

  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.
  4.  THE  COMMISSIONER  SHALL  ADDITIONALLY BE EMPOWERED TO DEVELOP AND
IMPLEMENT AN  EDUCATIONAL  PROGRAM,  COORDINATED  WITH  THE  EDUCATIONAL
PROGRAM  AUTHORIZED PURSUANT TO SECTION FIFTEEN-B OF THE CORRECTION LAW,
WHICH SHALL BE KNOWN AS THE DEPARTMENT OF CORRECTIONS GANG EDUCATION AND
PREVENTION PROGRAM, WHEREBY INMATES CAN RECEIVE  INSTRUCTION  CONCERNING
THE  IMPACT  OF  AND RISKS ASSOCIATED WITH GANG AFFILIATION, AND RECEIVE
SUPPORT SERVICES IN RELATION TO THE CESSATION OF  GANG  MEMBERSHIP.  THE
COMMISSIONER  SHALL  BE  EMPOWERED  TO  PROMULGATE RULES AND REGULATIONS
NECESSARY TO EFFECTUATE THIS PROGRAM. THE PROGRAM SHALL BE  FUNDED  FROM
THE  CRIMINAL  STREET  GANG  PREVENTION FUND OR FROM ANY OTHER APPROPRI-
ATIONS MADE OR FUNDS OTHERWISE MADE AVAILABLE TO SUCH PROGRAM.
  S 7. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  such  judgment  shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  8. 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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