Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 22, 2009 |
referred to codes |
Assembly Bill A7703
2009-2010 Legislative Session
Sponsored By
RIVERA P
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
Actions
co-Sponsors
Harvey Weisenberg
Joseph Errigo
Philip Ramos
José Peralta
multi-Sponsors
Peter Abbate
Carmen E. Arroyo
James Bacalles
Robert Barra
2009-A7703 (ACTIVE) - Details
2009-A7703 (ACTIVE) - Summary
Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony for the benefit of, at the direction of or in association with a street gang; a determinate sentence of between 2 and 5 years shall be served in addition to any other sentence imposed for the conviction of the underlying felony and shall be served consecutively with any other sentence of imprisonment; however, when the underlying felony is a violent felony or a class A felony the determinate sentence shall be 10 years.
2009-A7703 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7703 2009-2010 Regular Sessions I N A S S E M B L Y April 22, 2009 ___________ Introduced by M. of A. P. RIVERA, WEISENBERG, ERRIGO, RAMOS, PERALTA, LUPARDO, DelMONTE, FIELDS, JAFFEE, MAISEL, LANCMAN, GUNTHER, BENJAMIN, ALESSI, TITUS, ALFANO, BENEDETTO, SEMINERIO, TOBACCO, EDDINGTON -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BACALLES, BARRA, BOYLAND, BRENNAN, BURLING, CALHOUN, CHRISTENSEN, CLARK, CONTE, DESTI- TO, FINCH, GALEF, GIGLIO, GREENE, HIKIND, HYER-SPENCER, JOHN, LATIMER, MAGEE, MARKEY, MAYERSOHN, McDONOUGH, NOLAN, PHEFFER, J. RIVERA, STIRPE, SWEENEY, THIELE, TOWNSEND, WALKER, WRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to street gang crimes 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 475 to read as follows: ARTICLE 475 STREET GANG CRIME SECTION 475.00 STREET GANG CRIMES. 475.05 SENTENCING. S 475.00 STREET GANG CRIMES. 1. A PERSON COMMITS A STREET GANG CRIME WHEN HE OR SHE COMMITS A FELO- NY FOR THE BENEFIT OF, AT THE DIRECTION OF OR IN ASSOCIATION WITH A STREET GANG. 2. A "STREET GANG" MEANS TWO OR MORE PERSONS ASSOCIATED IN FACT. PERSONS ARE "ASSOCIATED IN FACT" WHEN: (A) THEY HAVE IN COMMON A GROUP NAME OR IDENTIFYING SIGN, SYMBOL, TATTOO OR OTHER PHYSICAL MARKING, STYLE OF DRESS, OR OTHER USE OF HAND SIGNS, OR OTHER INDICIA OF ASSOCIATION OR COMMON LEADERSHIP; AND (B) INDIVIDUALLY OR IN COMBINATION WITH OTHER MEMBERS OF A STREET GANG, WHILE ENGAGING IN GANG RELATED ACTIVITY, HAVE COMMITTED, CONSPIRED, FACILITATED OR ATTEMPTED TO COMMIT TWO OR MORE OFFENSES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10053-01-9
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