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

                                   551

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to establishing crimes relat-
  ing  to  gang  violence  and  the  abatement of premises used for gang
  activity

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

  Section  1.  The  penal  law is amended by adding a new article 280 to
read as follows:
                                ARTICLE 280
                   OFFENSES RELATING TO GANG VIOLENCE
SECTION 280.00 DEFINITIONS.
        280.05 GANG SOLICITATION, RECRUITMENT OR RETENTION.
        280.10 GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS.
        280.15 COERCION OF A MINOR INTO CRIMINAL CONSPIRACY.
        280.20 GANG LEADERSHIP.
        280.25 ABATEMENT OF PREMISES USED FOR GANG ACTIVITY.
        280.30 PREEMPTION.
S 280.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "CRIMINAL STREET GANG" OR "GANG" MEANS A FORMAL OR INFORMAL  GROUP,
CLUB, ORGANIZATION, OR ASSOCIATION OF THREE OR MORE INDIVIDUALS WHO ACT,
OR AGREE TO ACT, IN CONCERT TO COMMIT GANG CRIMES.
  2.  "GANG  CRIME"  MEANS  AN  OFFENSE  DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER: SECTION 125.15 (MANSLAUGHTER IN  THE  SECOND
DEGREE);  SECTION  125.20  (MANSLAUGHTER  IN  THE FIRST DEGREE); SECTION
125.25 (MURDER IN THE SECOND DEGREE);  SECTION  125.27  (MURDER  IN  THE
FIRST  DEGREE);  ANY  OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY (SEX
OFFENSES); ANY  OFFENSE  DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY-FIVE
(KIDNAPPING,  COERCION  AND  RELATED  OFFENSES);  ANY OFFENSE DEFINED IN

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

                                                           LBD00038-01-9

A. 551                              2

ARTICLE ONE HUNDRED FORTY (BURGLARY AND RELATED OFFENSES);  ANY  OFFENSE
DEFINED  IN  ARTICLE  ONE  HUNDRED FIFTY (ARSON); ANY OFFENSE DEFINED IN
ARTICLE ONE HUNDRED FIFTY-FIVE (LARCENY); ANY OFFENSE DEFINED IN ARTICLE
ONE  HUNDRED SIXTY (ROBBERY); ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TEN (PERJURY AND RELATED OFFENSES); ANY OFFENSE DEFINED IN  ARTICLE  TWO
HUNDRED   FIFTEEN   (OTHER  OFFENSES  RELATING  TO  JUDICIAL  AND  OTHER
PROCEEDINGS);  ANY  OFFENSE  DEFINED  IN  ARTICLE  TWO  HUNDRED   TWENTY
(CONTROLLED  SUBSTANCES  OFFENSES);  ANY  OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY-FIVE (GAMBLING OFFENSES); OR ANY ATTEMPT OR CONSPIRACY TO
COMMIT ANY OF THE FOREGOING OFFENSES.
S 280.05 GANG SOLICITATION, RECRUITMENT OR RETENTION.
  A PERSON IS GUILTY OF GANG SOLICITATION, RECRUITMENT OR RETENTION WHEN
HE OR SHE:
  1. INTENTIONALLY SOLICITS, RECRUITS, EMPLOYS, CAUSES,  ENCOURAGES,  OR
CONSPIRES TO CAUSE ANOTHER PERSON TO BE OR REMAIN AS A MEMBER OF A CRIM-
INAL STREET GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED
MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES; OR
  2.  INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
TUTING A THREAT TO PERSON OR PROPERTY OR TO ANY ASSOCIATE OR RELATIVE OF
THE PERSON BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIM-
INAL STREET GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED
MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES.
  GANG SOLICITATION, RECRUITMENT OR RETENTION IS A CLASS E FELONY.
S 280.10 GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS.
  A PERSON IS GUILTY OF GANG SOLICITATION, RECRUITMENT OR  RETENTION  OF
MINORS WHEN HE OR SHE:
  1.  INTENTIONALLY  SOLICITS, RECRUITS, EMPLOYS, CAUSES, ENCOURAGES, OR
CONSPIRES TO CAUSE ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE TO  BE  OR
REMAIN  AS  A MEMBER OF A CRIMINAL STREET GANG THAT REQUIRES AS A CONDI-
TION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR  PARTIC-
IPATION IN GANG CRIMES; OR
  2.  INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
TUTING A THREAT TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO PROPERTY, OR
TO ANY ASSOCIATE OR RELATIVE OF THE MINOR BEING SOLICITED, RECRUITED  OR
RETAINED AS A MEMBER OF A CRIMINAL STREET GANG THAT REQUIRES AS A CONDI-
TION  OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTIC-
IPATION IN GANG CRIMES.
  GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS  IS  A  CLASS  D
FELONY.
S 280.15 COERCION OF A MINOR INTO CRIMINAL CONSPIRACY.
  A  PERSON  IS  GUILTY  OF COERCION OF A MINOR INTO CRIMINAL CONSPIRACY
WHEN, WITH THE INTENT TO CAUSE PHYSICAL INJURY TO A PERSON  UNDER  EIGH-
TEEN  YEARS  OF  AGE,  HE OR SHE CAUSES SUCH PHYSICAL INJURY TO A PERSON
UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF CAUSING OR COERCING  SUCH
MINOR TO JOIN OR PARTICIPATE IN A CRIMINAL CONSPIRACY TO BENEFIT A CRIM-
INAL  STREET  GANG  OR OTHER ORGANIZATION OF THREE OR MORE PERSONS WHICH
HAS A COMMON NAME, IDENTIFYING SIGN OR SYMBOL AND WHOSE MEMBERS INDIVID-
UALLY OR COLLECTIVELY ENGAGE IN CRIMINAL ACTIVITY.
  COERCION OF A MINOR INTO CRIMINAL CONSPIRACY IS A CLASS D FELONY.
S 280.20 GANG LEADERSHIP.
  A PERSON IS GUILTY OF GANG LEADERSHIP WHEN, AS A MEMBER OF A  CRIMINAL
STREET  GANG,  HE OR SHE COMMANDS, COUNSELS, PERSUADES, INDUCES, ENTICES
OR COERCES ANY INDIVIDUAL TO COMMIT A CRIME WHERE THE  PURPOSE  OF  SUCH
CRIME  IS  THE  FURTHERANCE  OF THE CRIMINAL OBJECTIVES OF SUCH CRIMINAL
STREET GANG.
  GANG LEADERSHIP IS A CLASS D FELONY.

A. 551                              3

S 280.25 ABATEMENT OF PREMISES USED FOR GANG ACTIVITY.
  1.  ANY  PLACE  OR  PREMISES THAT HAS BEEN USED ON MORE THAN TWO OCCA-
SIONS, WITHIN A SIX MONTH PERIOD OF TIME, FOR THE PURPOSE OF  CONDUCTING
A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR ANY REAL PROPERTY THAT IS
ERECTED, ESTABLISHED, MAINTAINED, OWNED, LEASED, OR USED BY ANY CRIMINAL
STREET  GANG FOR THE PURPOSE OF CONDUCTING CRIMINAL STREET GANG ACTIVITY
CONSTITUTES A NUISANCE, THAT SHALL BE ENJOINED, ABATED,  AND  PREVENTED,
AND  FOR  WHICH  DAMAGES  MAY  BE RECOVERED,   WHETHER IT IS 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.
S 280.30 PREEMPTION.
  NOTHING  IN  THIS  ARTICLE SHALL PREEMPT AN APPROPRIATE ALTERNATIVE OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER, INCLUDING  BUT  NOT  LIMITED
TO,  A  CHARGE  PURSUANT  TO  SECTION 120.06 (GANG ASSAULT IN THE SECOND
DEGREE), OR SECTION 120.07  (GANG  ASSAULT  IN  THE  FIRST  DEGREE);  OR
PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING LAWS CONSIST-
ENT WITH THIS ACT RELATING TO CRIMINAL STREET GANG ACTIVITY AND CRIMINAL
STREET GANG VIOLENCE. WHERE LOCAL LAWS DUPLICATE OR SUPPLEMENT THIS ACT,
THIS ACT SHALL BE CONSTRUED AS PROVIDING ALTERNATIVE REMEDIES AND NOT AS
PREEMPTING SUCH LOCAL LAWS.
  S  2.  Severability.  If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such  judgment
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.