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

A. 7703                             2

DEFINED  IN  ARTICLE  ONE HUNDRED TWENTY (ASSAULT AND RELATED OFFENSES),
ONE HUNDRED TWENTY-FIVE (HOMICIDE, ABORTION AND RELATED  OFFENSES),  ONE
HUNDRED  THIRTY  (SEX  OFFENSES),  ONE  HUNDRED THIRTY-FIVE (KIDNAPPING,
COERCION  AND RELATED OFFENSES), ONE HUNDRED FORTY (BURGLARY AND RELATED
OFFENSES), ONE HUNDRED FIFTY (ARSON), ONE HUNDRED FIFTY-FIVE  (LARCENY),
ONE  HUNDRED  SIXTY  (ROBBERY), TWO HUNDRED TWENTY (CONTROLLED SUBSTANCE
OFFENSES) OR TWO HUNDRED TWENTY-ONE (OFFENSES  INVOLVING  MARIHUANA)  OF
THIS CHAPTER.
S 475.05 SENTENCING.
  WHEN  A  PERSON  IS  CONVICTED OF A STREET GANG CRIME PURSUANT TO THIS
ARTICLE, HE OR SHE SHALL BE  SENTENCED  TO  A  DETERMINATE  SENTENCE  OF
IMPRISONMENT OF NOT LESS THAN TWO YEARS, NOR MORE THAN FIVE YEARS, WHICH
SHALL  BE  SERVED  IN  ADDITION  TO  ANY  OTHER SENTENCE IMPOSED FOR THE
CONVICTION OF THE FELONY OR FELONIES WHICH THE  DEFENDANT  COMMITTED  IN
THE COURSE OF THE STREET GANG CRIME, AND SUCH DETERMINATE SENTENCE SHALL
RUN CONSECUTIVELY TO ANY OTHER SENTENCE OF IMPRISONMENT IMPOSED UPON THE
CONVICTION OF SUCH FELONY OR FELONIES; PROVIDED, HOWEVER THAT THE DETER-
MINATE  SENTENCE  OF  IMPRISONMENT  IMPOSED UPON A PERSON CONVICTED OF A
STREET GANG CRIME SHALL BE TEN YEARS WHEN ANY FELONY  COMMITTED  IN  THE
COURSE OF THE STREET GANG CRIME IS A VIOLENT FELONY OFFENSE OR A CLASS A
FELONY  OFFENSE,  AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS
CHAPTER.
  S 2. Subdivision 7 of section 200.50 of the criminal procedure law  is
amended by adding a new paragraph (f) to read as follows:
  (F) IN THE CASE OF ANY STREET GANG CRIME, AS DEFINED IN SECTION 475.00
OF  THE  PENAL  LAW, SPECIFIES, AS APPLICABLE, THAT THE DEFENDANT, WHILE
AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, COMMITTED  A  FELONY  FOR
THE  BENEFIT  OF, OR AT THE DIRECTION OF OR IN ASSOCIATION WITH A STREET
GANG, AS DEFINED IN SUBDIVISION TWO OF SECTION 475.00 OF THE PENAL  LAW;
AND
  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.