Senate Bill S69

2009-2010 Legislative Session

Provides for the forfeiture of the proceeds derived from criminal street gang enterprise activity

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Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
May 18, 2009	print number 69a
May 18, 2009	amend (t) and recommit to codes
Jan 07, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-S69 - Details

Current Committee:: Senate Codes

2009-S69 - Summary

Provides for forfeiture of the proceeds derived from criminal street gang enterprise activities, so as to provide 75% thereof to the local school district where such convicted member of such enterprise resides, for programs designed to deter or prevent youths from associating with or becoming members of criminal street gang enterprises.

2009-S69 - Sponsor Memo

                                 BILL NUMBER:  S69

 TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to
disposition of forfeiture moneys where the person against whom a
forfeiture action is commenced is a "criminal street gang member" or
"street gang associate"

 PURPOSE OR GENERAL IDEA OF BILL :
To provide moneys to local school districts to establish or maintain
after-school programs designed to deter or prevent youths from
associating with or joining street gangs. This bill would provide
funds by utilizing assets seized from gang members and associates.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1310 of the civil practice law and rules is amended by adding
four new subdivisions 15,16,17 and 18 which define "street gang'',
"street gang member" and "street gang associate" and "street gang
activity". Subdivision 2 of Section 1349 of the civil practice law and
rules is amended by adding a new paragraph (i) to provide that after
disbursement of forfeited assets pursuant to paragraphs (a) through
(g) of this section, if a defendant subject to forfeiture is a "street
gang member" or "street gang associate" seventy-five percent of any
remaining seized assets shall be distributed to the defendant's local
school district. After this distribution, fifteen percent of the
remaining assets shall be distributed to law enforcement with the

remaining ten percent distributed to the prosecution services
subaccount.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Present law provides that after distribution pursuant to Section 1349
(a) through (g) of the civil practice law and rules seventy-five
percent of any remaining funds shall be distributed to a law
enforcement subaccount with the remaining twenty-five percent
distributed to a prosecution services subaccount. This bill would not
alter this distribution scheme except in cases where the forfeited
assets are from a known "gang member" or "gang associate". In this
case seventy-five percent of the remaining assets after distribution
pursuant to section 1349 (a) through (g) shall be distributed to local
school districts to establish or maintain programs designed to prevent
or deter youths from joining gangs.

The remaining funds would be distributed at fifteen percent to the law
enforcement subaccount with the remaining ten percent being
distributed to the prosecution services subaccount.

 JUSTIFICATION :
New York State as a whole, and the City of New York in particular, has
seen a dramatic rise in gang violence. Gangs destroy communities and
corrupt youths. Gang members engage in acts of violence against rival
gangs and innocent citizens in neighborhoods where they operate. They
commit violent and illegal activities such as murder, drug dealing,
robbery, rape and vandalism. There have recently been several
incidents where gang associates' initiation into the gang consisted of
slashing innocent victims with boxcutters.

New York State must combat this alarming rise in gang activity. One
positive step that communities can take is to provide youths with
alternatives to joining gangs. After-school academic and sports
programs can provide youths with a safe environment, positive role
models and positive reinforcement for socially acceptable activities.
Youths who receive this positive reinforcement are less likely to join
gangs. This bill would provide funding at the local level for these
important programs from the very gang members that are destroying
these communities. Essentially, gang members and associates would help
to fund their own destruction.
 PRIOR LEGISLATIVE HISTORY :
S.2505 of 2008
01/09/08 REFERRED TO CODES

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Unknown at the present time.

 EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

2009-S69 - Bill Text download pdf

co-Sponsors

2009-S69A (ACTIVE) - Details

Current Committee:: Senate Codes

2009-S69A (ACTIVE) - Summary

2009-S69A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S69A

 TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to
disposition of forfeiture moneys where the person against whom a
forfeiture action is commenced is a member of a criminal street gang
enterprise


 PURPOSE OR GENERAL IDEA OF BILL :
To provide moneys to local school districts to establish or maintain
after-school programs designed to deter or prevent youths from
associating with or joining street gangs. This bill would provide
funds by utilizing assets seized from gang members and associates.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1310 of the civil practice law and rules is amended by adding
four new subdivisions 15, 16, 17 and 18 which define "street gang",
"street gang member" and "street gang associate" and "street gang
activity".  Subdivision 2 of Section 1349 of the civil practice law
and rules is amended by adding a new paragraph (i) to provide that
after disbursement of forfeited assets pursuant to paragraphs (a)
through (g) of this section, if a defendant subject to forfeiture is a
"street gang member" or "street gang associate" seventy-five percent
of any remaining seized assets shall be distributed to the defendant's
local school district. After this distribution, fifteen percent of the

remaining assets shall be distributed to law enforcement with the
remaining ten percent distributed to the prosecution services
subaccount.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Present law provides that after distribution pursuant to Section 1349
(a) through (g) of the civil practice law and rules seventy-five
percent of any remaining funds shall be distributed to a law
enforcement subaccount with the remaining twenty-five percent
distributed to a prosecution services subaccount. This bill would not
alter this distribution scheme except in cases where the forfeited
assets are from a known "gang member" or "gang associate". In this
case seventy-five percent of the remaining assets after distribution
pursuant to section 1349 (a) through (g) shall be distributed to local
school districts to establish or maintain programs designed to prevent
or deter youths from joining gangs.

The remaining funds would be distributed at fifteen percent to the law
enforcement subaccount with the remaining ten percent being
distributed to the prosecution services subaccount.

 JUSTIFICATION :
New York State as a whole, and the City of New York in particular, has
seen a dramatic rise in gang violence. Gangs destroy communities and
corrupt youths. Gang members engage in acts of violence against rival
gangs and innocent citizens in neighborhoods where they operate. They
commit violent and illegal activities such as murder, drug dealing,
robbery, rape and vandalism. There have recently been several
incidents where gang associates' initiation into the gang consisted of
slashing innocent victims with boxcutters.  New York State must combat
this alarming rise in gang activity. One positive step that
communities can take is to provide youths with alternatives to joining
gangs.  After-school academic and sports programs can provide youths
with a safe environment, positive role models and positive
reinforcement for socially acceptable activities. Youths who receive
this positive reinforcement are less likely to join gangs.  This bill
would provide funding at the local level for these important programs
from the very gang members that are destroying these communities.
Essentially, gang members and associates would help to fund their own
destruction.
 PRIOR LEGISLATIVE HISTORY :
S.2505 of 2008 01/09/08 REFERRED TO CODES

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Unknown at the present time.

 EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

2009-S69A (ACTIVE) - Bill Text download pdf

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

                                  69--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sens. SAMPSON, DIAZ -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules, in relation to  dispo-
  sition of forfeiture moneys where the person against whom a forfeiture
  action is commenced is a member of a criminal street gang enterprise

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

  Section 1. Section 1310 of the civil practice law and rules is amended
by adding three new subdivisions 15, 16 and 17 to read as follows:
  15. "CRIMINAL STREET GANG ENTERPRISE" MEANS A GROUP OF PERSONS SHARING
A COMMON PURPOSE OF ENGAGING  IN  CRIMINAL  CONDUCT,  ASSOCIATED  IN  AN
ASCERTAINABLE  STRUCTURE DISTINCT FROM A PATTERN OF STREET GANG CRIMINAL
ACTIVITY, AND WITH A CONTINUITY OF  EXISTENCE,  STRUCTURE  AND  CRIMINAL
PURPOSE BEYOND THE SCOPE OF INDIVIDUAL CRIMINAL ACTS.
  16.  "PATTERN  OF STREET GANG CRIMINAL ACTIVITY" MEANS CONDUCT ENGAGED
IN BY PERSONS CHARGED IN A CRIMINAL STREET GANG ENTERPRISE  CONSTITUTING
THREE OR MORE CRIMINAL ACTS THAT:
  (A)  WERE COMMITTED WITHIN TEN YEARS OF THE COMMENCEMENT OF THE CRIMI-
NAL ACTION;
  (B) ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED  AND
CONNECTED  IN POINT OF TIME OR CIRCUMSTANCES OF COMMISSION AS TO CONSTI-
TUTE A CRIMINAL OFFENSE OR CRIMINAL  TRANSACTION,  AS  THOSE  TERMS  ARE
DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
  (C)  ARE EITHER: (I) RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME OR
PLAN OR (II) WERE COMMITTED, SOLICITED, REQUESTED, IMPORTUNED OR  INTEN-
TIONALLY  AIDED  BY  PERSONS ACTING WITH THE MENTAL CULPABILITY REQUIRED
FOR THE COMMISSION THEREOF AND ASSOCIATED WITH OR IN THE CRIMINAL STREET
GANG ENTERPRISE.

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

                                                           LBD00070-03-9

S. 69--A                            2

  17. "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OR  ATTEMPTED
COMMISSION  OF,  OR  SOLICITATION OR CONSPIRACY TO COMMIT, THREE OR MORE
CRIMINAL ACTS THAT:
  (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
  (B)  ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED AND
CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS  TO  CONSTI-
TUTE  A  CRIMINAL  OFFENSE  OR  CRIMINAL  TRANSACTION, AS SUCH TERMS ARE
DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
  (C) FURTHER A CRIMINAL STREET GANG ENTERPRISE BY: (I) BEING RELATED TO
ONE ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) HAVING BEEN COMMIT-
TED, SOLICITED, REQUESTED, IMPORTUNED OR INTENTIONALLY AIDED BY  PERSONS
ACTING  WITH  THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH
CRIMINAL ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL  STREET  GANG
ENTERPRISE.
  S 2. Paragraph (h) of subdivision 2 of section 1349 of the civil prac-
tice  law  and  rules,  as  added by chapter 655 of the laws of 1990, is
amended to read as follows:
  (h) [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I)
OF THIS SUBDIVISION APPLIES, ALL moneys  remaining  after  distributions
pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
distributed as follows:
  (i) seventy-five percent of such moneys shall be deposited  to  a  law
enforcement  purposes  subaccount of the general fund of the state where
the claiming agent is an agency of the state or the  political  subdivi-
sion  or  public  authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
  (ii) the remaining twenty-five percent of such moneys shall be  depos-
ited  to  a  prosecution  services subaccount of the general fund of the
state where the claiming authority is the attorney general or the  poli-
tical  subdivision of which the claiming authority is a part, to be used
for the prosecution of penal law offenses.
  Where multiple claiming agents participated in the forfeiture  action,
funds  available pursuant to subparagraph (i) of this paragraph shall be
disbursed to the appropriate law  enforcement  purposes  subaccounts  in
accordance  with the terms of a written agreement reflecting the partic-
ipation of each claiming agent entered into by the participating  claim-
ing agents.
  S 3. Subdivision 2 of section 1349 of the civil practice law and rules
is amended by adding a new paragraph (i) to read as follows:
  (I)  IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS
CONVICTED OF A CRIMINAL STREET GANG ENTERPRISE OFFENSE DEFINED IN  ARTI-
CLE  TWO  HUNDRED  EIGHTY  OF  THE PENAL LAW, ALL MONEYS REMAINING AFTER
DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION
SHALL BE DISTRIBUTED AS FOLLOWS:
  (1) SEVENTY-FIVE PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A  SEPA-
RATE  ACCOUNT  OF  THE  SCHOOL  DISTRICT WHEREIN SUCH DEFENDANT RESIDES,
WHICH THE SUPERINTENDENT  OF  SUCH  DISTRICT  SHALL  ESTABLISH  FOR  THE
RECEIPT  OF  ALL  SUCH  MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY THE
SUPERINTENDENT  EXCLUSIVELY  TO  DEVELOP,  IMPLEMENT   AND/OR   MAINTAIN
INSTRUCTIONAL  PROGRAMS DESIGNED TO DETER OR PREVENT YOUTHS FROM ASSOCI-
ATING WITH OR BECOMING MEMBERS  OF  CRIMINAL  STREET  GANG  ENTERPRISES,
INCLUDING  BUT  NOT  LIMITED TO, (A) AFTER-SCHOOL SPORTS OR RECREATIONAL
PROGRAMS, AND/OR (B) AFTER-SCHOOL SCHOLASTIC OR ACADEMIC PROGRAMS;
  (2) FIFTEEN PERCENT OF  SUCH  MONEYS  SHALL  BE  DEPOSITED  TO  A  LAW
ENFORCEMENT  PURPOSES  SUBACCOUNT OF THE GENERAL FUND OF THE STATE WHERE
THE CLAIMING AGENT IS AN AGENCY OF THE STATE OR THE  POLITICAL  SUBDIVI-

S. 69--A                            3

SION  OR  PUBLIC  AUTHORITY OF WHICH THE CLAIMING AGENT IS A PART, TO BE
USED FOR LAW ENFORCEMENT USE IN THE INVESTIGATION OF PENAL LAW OFFENSES;
AND
  (3)  THE  REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
PROSECUTION SERVICES SUBACCOUNT OF THE GENERAL FUND OF THE  STATE  WHERE
THE CLAIMING AUTHORITY IS THE ATTORNEY GENERAL OR THE POLITICAL SUBDIVI-
SION OF WHICH THE CLAIMING AUTHORITY IS A PART, TO BE USED FOR THE PROS-
ECUTION OF PENAL LAW OFFENSES.
  WHERE  MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE FORFEITURE ACTION,
FUNDS AVAILABLE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL  BE
DISBURSED  TO  THE  APPROPRIATE  LAW ENFORCEMENT PURPOSES SUBACCOUNTS IN
ACCORDANCE WITH THE TERMS OF A WRITTEN AGREEMENT REFLECTING THE  PARTIC-
IPATION  OF EACH CLAIMING AGENT ENTERED INTO BY THE PARTICIPATING CLAIM-
ING AGENTS.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2009, amending the penal law relating
to  establishing criminal street gang enterprise offenses and the abate-
ment of premises used for criminal street gang enterprise  activity,  as
proposed  in  legislative  bills  numbers  S.2213-A  and  A.265-A, takes
effect.

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Senate Bill S69

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S69 - Details

2009-S69 - Summary

2009-S69 - Sponsor Memo

2009-S69 - Bill Text download pdf

co-Sponsors

2009-S69A (ACTIVE) - Details

2009-S69A (ACTIVE) - Summary

2009-S69A (ACTIVE) - Sponsor Memo

2009-S69A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John L. Sampson

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S69 - Details

2009-S69 - Summary

2009-S69 - Sponsor Memo

2009-S69 - Bill Text download pdf

co-Sponsors

Ruben Diaz

2009-S69A (ACTIVE) - Details

2009-S69A (ACTIVE) - Summary

2009-S69A (ACTIVE) - Sponsor Memo

2009-S69A (ACTIVE) - Bill Text download pdf

Comments