Senate Bill S7929

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

                                  7929

                            I N  S E N A T E

                              May 24, 2010
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO, C. JOHNSON, O. JOHNSON, LARKIN,
  PADAVAN, VOLKER -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

AN  ACT  to  amend  the penal law, the civil practice law and rules, the
  state finance law, the correction law, the education law,  the  execu-
  tive  law and the mental hygiene law, in relation to defining offenses
  involving criminal street gangs, creating  the  criminal  street  gang
  prevention  fund,  enacting the criminal street gang registration act,
  providing for gang prevention services in  schools  and  creating  the
  office  of  criminal  street  gangs  and youth violence; and to repeal
  sections 120.06 and 120.07 of the penal law, relating to  offenses  of
  gang assault

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

  Section 1. Legislative findings and purpose.  The  legislature  hereby
finds  that New York laws are insufficiently targeted to the prosecution
of criminal street gangs and the protection of public order and individ-
ual safety against gang-related violence, because they lack programs and
activities specifically designed  to  prevent  the  growth  of  criminal
street gangs, facilitate prosecution and punishment of members of crimi-
nal  street gangs, and punish those who solicit others to participate in
criminal street gangs and  in  acts  of  gang-related  violence  or  who
provide  support  or  resources  to  those  who  commit or encourage the
commission of such acts.
  The legislature further finds that 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 legislature therefore finds and declares that it is in every sense
in the public interest to establish  a  comprehensive  approach  to  the
protection of public order and individual safety against criminal street
gangs  and  gang-related violence, by severely criminalizing such activ-
ities, by creating anti-crime programs that focus on patterns of  crimi-

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

                                                           LBD17423-02-0

S. 7929                             2

nal  gang  activity  and organization, by expanding education and inter-
vention  to  prevent  the  growth  of  criminal  street  gangs,  and  by
establishing  an  ongoing  system of tracking criminal gang activity, as
provided in this legislation.
  S 2. Sections 120.06 and 120.07 of the penal law are REPEALED.
  S  3.  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 495.01 DEFINITIONS.
        495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
        495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
        495.05 SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTICIPATION
                  IN A CRIMINAL STREET GANG.
        495.06 SOLICITATION  OR  RECRUITMENT OF MINORS FOR PARTICIPATION
                  IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS.
        495.07 GANG ASSAULT IN THE SECOND DEGREE.
        495.08 GANG ASSAULT IN THE FIRST DEGREE.
        495.09 ABATEMENT OF  PREMISES  USED  FOR  CRIMINAL  STREET  GANG
                  ACTIVITY.
        495.10 PREEMPTION.
        495.11 REGISTRATION REQUIREMENT.
        495.12 SENTENCING.
S 495.01 DEFINITIONS.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "CRIMINAL STREET GANG" MEANS ANY FORMAL OR  INFORMAL  ORGANIZATION,
ASSOCIATION,  OR  GROUP OF THREE OR MORE PERSONS HAVING A COMMON NAME OR
IDENTIFYING SIGN OR SYMBOL WHOSE MEMBERS  INDIVIDUALLY  OR  COLLECTIVELY
ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY.
  2.  "PATTERN  OF  CRIMINAL  GANG  ACTIVITY"  MEANS  THE COMMISSION OF,
ATTEMPTED  COMMISSION  OF,  CONSPIRACY  TO  COMMIT,   SOLICITATION   OF,
SUSTAINED JUVENILE PETITION FOR, OR CONVICTION OF ANY TWO OR MORE OF ANY
SPECIFIED  OFFENSES  LISTED  IN  SUBDIVISION  THREE OF THIS SECTION BY A
PARTICIPANT OR PARTICIPANTS IN A CRIMINAL STREET GANG, PROVIDED THAT THE
OFFENSES SHALL HAVE OCCURRED ON SEPARATE OCCASIONS WITHIN THREE YEARS OF
EACH OTHER, OR BY TWO OR MORE PERSONS WHO ARE PARTICIPANTS IN A CRIMINAL
STREET GANG, AND THAT AT LEAST ONE  SUCH  OFFENSE  SHALL  HAVE  OCCURRED
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  3. "SPECIFIED OFFENSE" MEANS ANY OFFENSE DEFINED BY ANY OF THE FOLLOW-
ING  PROVISIONS  OF  THIS  CHAPTER:  OFFENSES  CONSTITUTING  A SPECIFIED
OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES),
ARTICLE ONE HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE  HUNDRED  THIR-
TY-FIVE  (KIDNAPPING, COERCION AND RELATED OFFENSE), ONE HUNDRED SEVENTY
(FORGERY AND RELATED  OFFENSES),  ONE  HUNDRED  SEVENTY-EIGHT  (CRIMINAL
DIVERSION  OF  PRESCRIPTION  MEDICATIONS AND PRESCRIPTIONS), TWO HUNDRED
TWENTY  (CONTROLLED  SUBSTANCES  OFFENSES),   TWO   HUNDRED   TWENTY-ONE
(OFFENSES   INVOLVING  MARIHUANA),  TWO  HUNDRED  TWENTY-FIVE  (GAMBLING
OFFENSES), TWO HUNDRED THIRTY (PROSTITUTION OFFENSES), TWO HUNDRED THIR-
TY-FIVE  (OBSCENITY  AND  RELATED  OFFENSES),  TWO  HUNDRED   SIXTY-FIVE
(FIREARMS  AND  OTHER  DANGEROUS  WEAPONS),  TWO  HUNDRED SEVENTY (OTHER
OFFENSES RELATING TO PUBLIC SAFETY), FOUR HUNDRED (LICENSING  AND  OTHER

S. 7929                             3

PROVISIONS RELATING TO FIREARMS) OR FOUR HUNDRED SEVENTY (MONEY LAUNDER-
ING).
S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
  A  PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF SUCH
PERSON PARTICIPATES IN A CRIMINAL STREET GANG WITH  KNOWLEDGE  THAT  ITS
MEMBERS  ENGAGE  IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIV-
ITY.
  PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
S 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A PERSON IS GUILTY OF PARTICIPATION IN CRIMINAL STREET  GANG  ACTIVITY
WHEN  HE  OR SHE WILLFULLY AND KNOWINGLY PROMOTES, FURTHERS, ASSISTS IN,
CONDUCTS, OR PARTICIPATES IN THE AFFAIRS OF A CRIMINAL  STREET  GANG  BY
PARTICIPATING IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR KNOWING-
LY  INVESTS  PROCEEDS  DERIVED  FROM  CRIMINAL  STREET GANG ACTIVITY, OR
PROCEEDS DERIVED FROM THE INVESTMENT OR USE OF  THOSE  PROCEEDS,  IN  AN
ENTERPRISE.  A  PERSON  MAY  BE  A PARTICIPANT IN A CRIMINAL STREET GANG
IRRESPECTIVE OF THE AMOUNT OF TIME HE OR SHE  DEVOTES  TO  THE  CRIMINAL
STREET  GANG,  AS LONG AS SUCH PERSON SHALL HAVE PARTICIPATED IN COMMIT-
TING ACTS CONSTITUTING CRIMINAL STREET GANG ACTIVITY WITH  ONE  OR  MORE
MEMBERS OF A CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
  A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG IF SUCH PERSON:
  1. SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A  CRIMINAL
STREET  GANG  WITH  THE  INTENT  THAT  THE PERSON SOLICITED OR RECRUITED
PARTICIPATE IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR  WITH  THE
INTENT  THAT  SUCH  PERSON  PROMOTE,  FURTHER, CONDUCT, OR ASSIST IN ANY
PATTERN OF CRIMINAL STREET GANG ACTIVITY  BY  MEMBERS  OF  THE  CRIMINAL
STREET GANG; OR
  2.  THREATENS  A  PERSON  WITH  PHYSICAL  VIOLENCE  WITH THE INTENT TO
COERCE, INDUCE, OR SOLICIT SUCH PERSON OR ANOTHER TO  PARTICIPATE  IN  A
CRIMINAL STREET GANG; OR
  3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON
TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS E
FELONY.
S 495.05 SOLICITATION OR RECRUITMENT OF MINORS FOR  PARTICIPATION  IN  A
           CRIMINAL STREET GANG.
  A  PERSON  IS  GUILTY  OF  SOLICITATION  OR  RECRUITMENT OF MINORS FOR
PARTICIPATION IN A CRIMINAL STREET GANG WHEN HE OR SHE COMMITS THE CRIME
OF SOLICITATION FOR PARTICIPATION IN A  CRIMINAL  STREET  GANG  AND  THE
PERSON SOLICITED OR RECRUITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION  OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL
STREET GANG IS A CLASS D FELONY.
S 495.06 SOLICITATION OR RECRUITMENT OF MINORS FOR  PARTICIPATION  IN  A
           CRIMINAL STREET GANG ON SCHOOL GROUNDS.
  A  PERSON  IS  GUILTY  OF  SOLICITATION  OR  RECRUITMENT OF MINORS FOR
PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE
COMMITS THE CRIME OF SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTIC-
IPATION  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  OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL
STREET GANG ON SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.07 GANG ASSAULT IN THE SECOND DEGREE.

S. 7929                             4

  A PERSON IS GUILTY OF GANG ASSAULT IN THE  SECOND  DEGREE  WHEN,  WITH
INTENT  TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO
OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS  PHYS-
ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 495.08 GANG ASSAULT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  GANG ASSAULT IN THE FIRST DEGREE WHEN, WITH
INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED
BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS
PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY.
  1.  A  BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR
THE PURPOSE OF ENGAGING IN A PATTERN OF  CRIMINAL  GANG  ACTIVITY  IS  A
NUISANCE  WHICH  SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH
DAMAGES MAY BE RECOVERED,  IRRESPECTIVE  OF  WHETHER  IT  CONSTITUTES  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.
  5. WHEN AN INJUNCTION IS ISSUED  PURSUANT  TO  THIS  SECTION  FOR  THE
ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL STREET GANG ACTIVITIES, THE
ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR-
NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE  COMMUNITY
OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL
BE  PAID  BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS
MEMBERS THAT WERE DERIVED FROM  THE  PATTERN  OF  CRIMINAL  STREET  GANG
ACTIVITY  BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE
KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF
THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT  PURSUANT  TO
THIS  SUBDIVISION,  THE  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, OR CITY
ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE  OF,  THE  TESTIMONY  OF
EXPERTS  TO  ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD
INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS  SUBDIVISION
SHALL  BE  DEPOSITED  INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE
GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION  THE
COMMUNITY  OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE
THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY
THE NUISANCE.

S. 7929                             5

S 495.10 PREEMPTION.
  NOTHING  IN  THIS  ARTICLE SHALL PREEMPT AN APPROPRIATE ALTERNATIVE OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
S 495.11 REGISTRATION REQUIREMENT.
  1. IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR  ANY
OTHER  LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL
STREET GANG ACTIVITY WHO IS RELEASED ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR
WHO IS TO BE DISCHARGED, PAROLED, RELEASED TO  POST-RELEASE  SUPERVISION
OR  RELEASED  FROM  ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR
SHE WAS CONFINED, SHALL BE  REQUIRED  TO  PARTICIPATE  IN  THE  CRIMINAL
STREET  GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF FIVE YEARS; AND
  2. IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR  ANY
OTHER  LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL
STREET GANG ACTIVITY OR THE CRIME OF SOLICITATION FOR PARTICIPATION IN A
CRIMINAL STREET GANG WHO IS RELEASED ON  PROBATION  OR  DISCHARGED  UPON
PAYMENT  OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR
WHO IS TO BE DISCHARGED, PAROLED, RELEASED TO  POST-RELEASE  SUPERVISION
OR  RELEASED  FROM  ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR
SHE WAS CONFINED, SHALL BE  REQUIRED  TO  PARTICIPATE  IN  THE  CRIMINAL
STREET  GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI-
CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF TEN YEARS.
S 495.12 SENTENCING.
  1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
NAL  STREET  GANG  ACTIVITY  PURSUANT TO THIS ARTICLE, AND THE SPECIFIED
OFFENSE 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  SPECIFIED
OFFENSE  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 SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,  OR
ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S
CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
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 SPECIFIED OFFENSE 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.

S. 7929                             6

  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  SPECIFIED
OFFENSE  IS  A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISONMENT.
  NOTWITHSTANDING  ANY  OTHER  LAW,  THE COURT MAY STRIKE THE ADDITIONAL
PUNISHMENT FOR THE ENHANCEMENTS PROVIDED  IN  SUBDIVISIONS  ONE  THROUGH
FOUR  OF  THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL SENTENCE FOR
MISDEMEANORS IN AN UNUSUAL CASE WHERE THE  INTERESTS  OF  JUSTICE  WOULD
BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE
MINUTES  THE  CIRCUMSTANCES INDICATING THE MANNER IN WHICH THE INTERESTS
OF JUSTICE WOULD BEST BE SERVED BY SUCH DISPOSITION.
  NOTWITHSTANDING THE FOREGOING, IN THE CASE OF  A  MINOR  FOUND  TO  BE
GUILTY  OF  AN  OFFENSE  DESCRIBED  IN  THIS ARTICLE WHO IS A FIRST-TIME
OFFENDER, THE COURT MAY ORDER THAT A PARENT OR GUARDIAN  RETAIN  CUSTODY
OF  THAT MINOR, AND MAY ORDER THE PARENT OR GUARDIAN TO ATTEND ANTI-GANG
VIOLENCE PARENTING CLASSES ESTABLISHED  PURSUANT  TO  STANDARDS  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE SERVICES. THE FATHER, MOTHER, SPOUSE, OR
OTHER PERSON LIABLE FOR THE SUPPORT OF THE MINOR,  THE  ESTATE  OF  THAT
PERSON,  AND  THE  ESTATE  OF  THE MINOR SHALL BE LIABLE FOR THE COST OF
CLASSES ORDERED PURSUANT TO THIS SECTION, UNLESS THE  COURT  FINDS  THAT
THE  PERSON  OR  ESTATE  DOES  NOT HAVE THE FINANCIAL ABILITY TO PAY. IN
EVALUATING FINANCIAL ABILITY TO PAY, THE COURT SHALL TAKE INTO CONSIDER-
ATION THE COMBINED HOUSEHOLD INCOME, THE NECESSARY  OBLIGATIONS  OF  THE
HOUSEHOLD, THE NUMBER OF PERSONS DEPENDENT UPON THIS INCOME, AND WHETHER
REDUCED  MONTHLY  PAYMENTS WOULD OBVIATE THE NEED TO WAIVE LIABILITY FOR
THE FULL COSTS.
  S 4. The opening paragraph  of  paragraph  (h)  of  subdivision  2  of
section  1349  of  the civil practice law and rules, as added by chapter
655 of the laws of 1990, is amended to read as follows:
  [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:
  S 5. 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 AN OFFENSE LISTED IN ARTICLE FOUR  HUNDRED  NINETY-FIVE  OF
THE  PENAL  LAW,  ALL  MONEYS  REMAINING AFTER DISTRIBUTIONS PURSUANT TO
PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  TO
THE  CRIMINAL  STREET  GANG  PREVENTION  FUND,  ESTABLISHED  PURSUANT TO
SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
  S 6. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S  97-JJJJ.  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  COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE FOR DEPOSIT
TO THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED  FOR
SUCH DEPOSIT BY LAW OR APPROPRIATION.
  3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO SUPPORT THE  CRIMINAL  STREET  GANG  AND  VIOLENCE
PREVENTION  PARTNERSHIP  PROGRAM  ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED THIRTEEN OF THE EDUCATION LAW.

S. 7929                             7

  S 7. The correction law is amended by adding a new article 6-D to read
as follows:
                                ARTICLE 6-D
             CRIMINAL STREET GANG OFFENDER REGISTRATION ACT
SECTION 169. SHORT TITLE.
        169-A. DEFINITIONS.
        169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        169-C. CRIMINAL STREET GANG DATABASE.
        169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION.
        169-E. DUTIES OF THE COURT.
        169-F.  DISCHARGE  OF CRIMINAL STREET GANG OFFENDER FROM CORREC-
                  TIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        169-G. DUTY TO REGISTER AND TO VERIFY.
        169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS.
        169-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        169-J. REVIEW.
        169-K. IMMUNITY FROM LIABILITY.
        169-L. ANNUAL REPORT.
        169-M. PENALTY.
        169-N. UNAUTHORIZED RELEASE OF INFORMATION.
        169-O. SEPARABILITY.
  S  169.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "CRIMINAL STREET GANG OFFENDER REGISTRATION ACT".
  S 169-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  DEFI-
NITIONS APPLY:
  1.  "CRIMINAL  STREET GANG OFFENDER" MEANS ANY PERSON CONVICTED OF ANY
OFFENSE LISTED IN SUBDIVISION TWO OF THIS SECTION.  ANY  CONVICTION  SET
ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "CRIMINAL  STREET  GANG  OFFENSE"  MEANS  A  CONVICTION  OF  OR  A
CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE CRIMES LISTED IN SECTIONS
495.02 AND 495.03 OF THE PENAL  LAW  RELATING  TO  PARTICIPATION  IN  OR
SOLICITATION  FOR  PARTICIPATION  IN  A CRIMINAL STREET GANG OR CRIMINAL
STREET GANG ACTIVITY, UNLESS UPON MOTION BY  THE  DEFENDANT,  THE  TRIAL
COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO
THE  HISTORY  AND  CHARACTER  OF  THE  DEFENDANT, IS OF THE OPINION THAT
REGISTRATION WOULD BE UNDULY HARSH AND INAPPROPRIATE.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION"  MEANS:  (A)  (I)  THE
CHIEF  LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE
OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE  OR  LOCAL
CONDITIONAL  RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFI-
CER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER  OF
THE COUNTY IN WHICH THE OFFENDER EXPECTS TO RESIDE; OR (III) IF THERE BE
NO  CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE
DIVISION OF STATE POLICE;
  (B) IN THE CASE OF A CRIMINAL STREET GANG OFFENDER WHO IS  OR  EXPECTS
TO  BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT,
AT AN INSTITUTION OF HIGHER EDUCATION:   (I) THE CHIEF  LAW  ENFORCEMENT
OFFICER  IN  THE  VILLAGE,  TOWN  OR  CITY  IN WHICH SUCH INSTITUTION IS
LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT  OFFICER  IN  SUCH
VILLAGE,  TOWN  OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY
IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO CHIEF  LAW
ENFORCEMENT  OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION
OF STATE POLICE; AND (IV) IF SUCH  INSTITUTION  OPERATES  OR  EMPLOYS  A
CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH AGENCY; AND

S. 7929                             8

  (C)  IN  THE  CASE  OF  A CRIMINAL STREET GANG OFFENDER WHO EXPECTS TO
RESIDE WITHIN A STATE PARK OR ON OTHER LAND UNDER  THE  JURISDICTION  OF
THE  OFFICE  OF  PARKS,  RECREATION AND HISTORIC PRESERVATION, THE STATE
REGIONAL PARK POLICE.
  4.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  5. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  6. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE  OF  IMPRI-
SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
  7. "INSTITUTION OF HIGHER EDUCATION" MEANS AN INSTITUTION IN THE STATE
PROVIDING  HIGHER EDUCATION AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT
OF SECTION TWO OF THE EDUCATION LAW.
  S 169-B. DUTIES OF THE  DIVISION;  REGISTRATION  INFORMATION.  1.  THE
DIVISION  SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  CRIMINAL STREET GANG OFFENDER'S NAME, ALL ALIASES USED, DATE
OF BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE,  ANY  INTERNET  ACCOUNTS
WITH  INTERNET  ACCESS PROVIDERS BELONGING TO SUCH OFFENDER AND INTERNET
IDENTIFIERS THAT SUCH OFFENDER USES.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS, THE PHOTOGRAPH TO BE UPDATED
AS OFTEN AS THE DIVISION SHALL DEEM NECESSARY BUT  NOT  LESS  THAN  ONCE
EVERY TWO YEARS.
  (C)  A  DESCRIPTION  OF THE OFFENSE FOR WHICH THE CRIMINAL STREET GANG
OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) THE NAME AND ADDRESS OF ANY INSTITUTION  OF  HIGHER  EDUCATION  AT
WHICH  THE  CRIMINAL  STREET GANG OFFENDER IS OR EXPECTS TO BE ENROLLED,
ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED  OR  OPERATED  BY
SUCH INSTITUTION.
  (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  (A)  THE  DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO
ANY REGIONAL OR NATIONAL REGISTRY OF CRIMINAL STREET GANG OFFENDERS,  OR
REGISTRY  THAT  HAS  A  PRINCIPAL,  SHARED,  OR SIMILAR PURPOSE, HOWEVER
NAMED, FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT
FILES FROM ANY SUCH REGIONAL OR NATIONAL  REGISTRY  OF  CRIMINAL  STREET
GANG OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE.
  (B)  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY  PURSUANT  TO
THIS SUBDIVISION, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON
OR ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGIS-
TRY INFORMATION.
  (C)  THE  DIVISION  SHALL  REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN FURTHERANCE OF THE PROVISIONS
OF THIS ARTICLE.
  3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL
BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE  THE  CRIMINAL

S. 7929                             9

STREET  GANG  OFFENDER  OF  HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS
ARTICLE.
  4.  THE DIVISION SHALL MAIL A NON-FORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE CRIMINAL STREET GANG  OFFENDER  FOR  ANNUAL
VERIFICATION REQUIREMENTS.
  5.  THE  DIVISION  SHALL  ESTABLISH  AND OPERATE A TELEPHONE NUMBER AS
PROVIDED IN THIS ARTICLE.
  6. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A CRIMINAL
STREET GANG OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR  ANY  CHANGE  OF
HIS  OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT
ANY INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY THIS ARTICLE. THE FEE
SHALL BE PAID TO THE DIVISION BY THE CRIMINAL STREET GANG OFFENDER.  THE
STATE  COMPTROLLER  IS  HEREBY  AUTHORIZED TO DEPOSIT SUCH FEES INTO THE
GENERAL FUND.
  S 169-C. CRIMINAL STREET GANG DATABASE.  IN DEVELOPING AND MAINTAINING
THE STATEWIDE REGISTRATION SYSTEM REQUIRED BY THIS ARTICLE, THE DIVISION
MAY ESTABLISH A CRIMINAL STREET GANG DATABASE. IN DOING SO, THE DIVISION
SHALL:
  1. CREATE A UNIFORM REPORTING FORMAT FOR THE ENTRY OF PERTINENT INFOR-
MATION REGARDING THE REPORT OF AN ARRESTED CRIMINAL STREET  GANG  MEMBER
OR ORGANIZED GANG AFFILIATES INTO THE DATABASE;
  2. NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS OF
ARRESTED CRIMINAL STREET GANG MEMBERS OR ORGANIZED GANG AFFILIATES SHALL
BE ENTERED INTO THE STATEWIDE GANG DATABASE AS SOON AS THE MINIMUM LEVEL
OF  DATA, TO BE SPECIFIED BY THE DIVISION, IS AVAILABLE TO THE REPORTING
AGENCY;
  3. DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE  AND  LOCAL  LAW
ENFORCEMENT  AGENCIES  OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET
GANGS OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION  SIGN  OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG;
  4.  COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES  IN  A  MANNER  THAT  ALLOWS  THE
INFORMATION  TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES;
  5. COMPILE AND MAINTAIN AN HISTORIC DATA REPOSITORY RELATING TO ORGAN-
IZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN ORDER  TO
DEVELOP  AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT AGENCIES AND
PROSECUTORS IN  THE  INVESTIGATION,  APPREHENSION,  AND  PROSECUTION  OF
MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS; AND
  6.  CREATE  A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN-
IZED CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET  GANG
AFFILIATION  DATA,  TIMELINESS  AND ACCURACY OF INFORMATION ENTERED INTO
THE STATEWIDE CRIMINAL STREET GANG DATABASE AND  PERFORMANCE  AUDITS  OF
ALL AGENCIES ENTERING INFORMATION.
  S  169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION.  1.
IT SHALL BE THE DUTY OF THE DEPARTMENT OR LOCAL  CORRECTIONAL  FACILITY,
AT  LEAST  TEN  CALENDAR  DAYS  PRIOR TO THE RELEASE OR DISCHARGE OF ANY
CRIMINAL STREET GANG OFFENDER FROM  A  CORRECTIONAL  FACILITY  OR  LOCAL
CORRECTIONAL  FACILITY,  TO  NOTIFY  THE  DIVISION  OF  THE CONTEMPLATED
RELEASE OR DISCHARGE OF SUCH CRIMINAL STREET  GANG  OFFENDER,  INFORMING
THE  DIVISION  IN  WRITING ON A FORM PROVIDED BY THE DIVISION INDICATING
THE ADDRESS AT WHICH SUCH CRIMINAL  STREET  GANG  OFFENDER  PROPOSES  TO
RESIDE  AND  THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION
AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETH-
ER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE  RESIDES  IN  OR  WILL
RESIDE  IN  A  FACILITY  OWNED  OR OPERATED BY SUCH INSTITUTION. IF SUCH

S. 7929                            10

CRIMINAL STREET GANG OFFENDER CHANGES HIS  OR  HER  PLACE  OF  RESIDENCE
WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
SENT BY THE  CRIMINAL  STREET  GANG  OFFENDER'S  PAROLE  OFFICER  WITHIN
FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF
SUCH  CRIMINAL  STREET  GANG  OFFENDER  CHANGES THE STATUS OF HIS OR HER
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER  EDUCATION  WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF
STATUS SHALL BE SENT BY THE CRIMINAL STREET GANG OFFENDER'S PAROLE OFFI-
CER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED  BY  THE
DIVISION.
  2.  IN  THE CASE OF ANY CRIMINAL STREET GANG OFFENDER ON PROBATION, IT
SHALL BE THE DUTY OF THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFI-
CER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE  OF
RESIDENCE  ON  A  FORM PROVIDED BY THE DIVISION. IF SUCH CRIMINAL STREET
GANG OFFENDER CHANGES THE STATUS OF HIS OR HER  ENROLLMENT,  ATTENDANCE,
EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL  BE  SENT  BY
THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
  3.  WHEN A CRIMINAL STREET GANG OFFENDER ESCAPES FROM A STATE OR LOCAL
CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL  OF  THE  FACILITY  WHERE
SUCH OFFENDER WAS CONFINED SHALL NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW
ENFORCEMENT  AGENCY  THAT  HAD  JURISDICTION  AT  THE TIME OF HIS OR HER
CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIAS-
ES OF THE PERSON, AND THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH CRIMINAL STREET  GANG  OFFENDER'S  FINGERPRINTS  AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD.
  4.  THE  DIVISION  SHALL  PROVIDE GENERAL INFORMATION, IN REGISTRATION
MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
TION AND REGISTRATION PROCEDURES THAT MAY APPLY  IF  THE  REGISTRANT  IS
AUTHORIZED  TO  RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES
POSSESSION, OR COMMENCES EMPLOYMENT  OR  ATTENDANCE  AT  AN  EDUCATIONAL
INSTITUTION  IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA-
TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES
FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
  S 169-E. DUTIES OF THE COURT.   1.  UPON  CONVICTION  OF  ANY  OF  THE
OFFENSES   SET   FORTH   IN  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS
A  CRIMINAL  STREET GANG OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN
THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT
SHALL  ADVISE  THE  CRIMINAL  STREET  GANG OFFENDER OF HIS OR HER DUTIES
UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF
COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT  RELIEVE  A  CRIMINAL
STREET GANG OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE.
  2. A CRIMINAL STREET GANG OFFENDER RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE
SHALL,  PRIOR  TO  SUCH  RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER
DUTY TO REGISTER AS REQUIRED BY THIS ARTICLE BY THE COURT IN WHICH HE OR
SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH CRIMINAL STREET
GANG OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE
DIVISION. THE COURT SHALL REQUIRE THE CRIMINAL STREET GANG  OFFENDER  TO
READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM,  WHICH  SHALL  INCLUDE  THE ADDRESS WHERE THE CRIMINAL STREET GANG

S. 7929                            11

OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE,  AND  THE  NAME  AND
ADDRESS  OF  ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE
EMPLOYED BY OR ENROLLED IN, WHETHER FOR COMPENSATION OR NOT, AND WHETHER
HE  OR  SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN
INSTITUTION, AND SHALL REPORT SUCH  INFORMATION  TO  THE  DIVISION.  THE
COURT SHALL GIVE ONE COPY OF THE FORM TO THE CRIMINAL STREET GANG OFFEN-
DER  AND  SHALL  SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE
INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION.
  S 169-F. DISCHARGE OF CRIMINAL STREET GANG OFFENDER FROM  CORRECTIONAL
FACILITY;  DUTIES  OF  OFFICIAL  IN  CHARGE.   1. A CRIMINAL STREET GANG
OFFENDER, TO BE DISCHARGED, PAROLED,  RELEASED  TO  POST-RELEASE  SUPER-
VISION  OR  RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE
HE OR SHE WAS CONFINED SHALL AT LEAST FIFTEEN  CALENDAR  DAYS  PRIOR  TO
DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER
UNDER  THIS  ARTICLE  BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR
COMMITTED. THE FACILITY SHALL REQUIRE THE CRIMINAL STREET GANG  OFFENDER
TO  READ  AND  SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING
THE DUTY TO  REGISTER  AND  THE  PROCEDURE  FOR  REGISTRATION  HAS  BEEN
EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH
FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE CRIM-
INAL  STREET  GANG OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,
PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF  HIGHER
EDUCATION  HE  OR  SHE EXPECTS TO BE EMPLOYED BY OR ENROLLED IN, WHETHER
FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO  RESIDE  IN  A
FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH
INFORMATION  TO  THE DIVISION.   THE FACILITY SHALL GIVE ONE COPY OF THE
FORM TO THE CRIMINAL STREET GANG OFFENDER, RETAIN  ONE  COPY  AND  SHALL
SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE
LAW  ENFORCEMENT  AGENCIES  HAVING JURISDICTION. THE FACILITY SHALL GIVE
THE CRIMINAL STREET GANG OFFENDER A FORM PREPARED BY  THE  DIVISION,  TO
REGISTER  WITH  THE  DIVISION  AT  LEAST  FIFTEEN CALENDAR DAYS PRIOR TO
RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE CRIMINAL  STREET
GANG OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS
PRIOR TO THE CRIMINAL STREET GANG OFFENDER'S RELEASE OR DISCHARGE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  169-G. DUTY TO REGISTER AND TO VERIFY.  1. ANY CRIMINAL STREET GANG
OFFENDER SHALL, (A) AT LEAST  TEN  CALENDAR  DAYS  PRIOR  TO  DISCHARGE,
PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR
LOCAL CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR, (B) AT THE
TIME  SENTENCE IS IMPOSED FOR ANY CRIMINAL STREET GANG OFFENDER RELEASED
ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE
OR UNCONDITIONAL  DISCHARGE,  REGISTER  WITH  THE  DIVISION  ON  A  FORM
PREPARED BY THE DIVISION.
  2.  THE  FOLLOWING  SHALL  APPLY  TO ANY CRIMINAL STREET GANG OFFENDER
REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH ANNIVERSARY OF THE CRIM-
INAL STREET GANG OFFENDER'S INITIAL REGISTRATION DATE DURING THE  PERIOD
IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION:
  (A) THE CRIMINAL STREET GANG OFFENDER SHALL MAIL THE VERIFICATION FORM
TO  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM. THE
VERIFICATION FORM SHALL BE SIGNED BY THE CRIMINAL STREET GANG  OFFENDER,
AND  SHALL  STATE  WHETHER  HE  OR SHE STILL RESIDES AT THE ADDRESS LAST
REPORTED TO THE DIVISION, AND STATE WHETHER HE OR SHE IS STILL  EMPLOYED
AT THE ADDRESS LAST REPORTED TO THE DIVISION.

S. 7929                            12

  (B)  THE  CRIMINAL STREET GANG OFFENDER SHALL PERSONALLY APPEAR AT THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN  TWENTY  DAYS  OF  THE
FIRST  ANNIVERSARY OF THE CRIMINAL STREET GANG OFFENDER'S INITIAL REGIS-
TRATION AND EVERY YEAR THEREAFTER DURING THE PERIOD OF REGISTRATION  FOR
THE  PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION  SHALL  PHOTOGRAPH  THE  CRIMINAL
STREET  GANG  OFFENDER  AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTO-
GRAPH TO THE DIVISION. FOR PURPOSES OF THIS PARAGRAPH, IF SUCH  CRIMINAL
STREET GANG OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACIL-
ITY,  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE
WARDEN, SUPERINTENDENT, SHERIFF OR OTHER PERSON IN CHARGE OF  THE  STATE
OR LOCAL CORRECTIONAL FACILITY.
  (C)  IF  THE  CRIMINAL  STREET  GANG OFFENDER FAILS TO MAIL THE SIGNED
VERIFICATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT
OF THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION  UNLESS  HE
PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
  (D)  THE FOREGOING PROVISIONS OF THIS SECTION TO THE CONTRARY NOTWITH-
STANDING, THE DUTY TO PERSONALLY APPEAR FOR  AN  UPDATED  PHOTOGRAPH  AS
REQUIRED BY THIS SECTION SHALL BE TEMPORARILY SUSPENDED DURING ANY PERI-
OD  IN WHICH THE CRIMINAL STREET GANG OFFENDER IS CONFINED IN ANY HOSPI-
TAL OR  INSTITUTION,  AND  SUCH  CRIMINAL  STREET  GANG  OFFENDER  SHALL
PERSONALLY  APPEAR FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS
AFTER RELEASE FROM SUCH HOSPITAL OR INSTITUTION, OR AN  ALTERNATE  LATER
DATE SCHEDULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION.
  3. A CRIMINAL STREET GANG OFFENDER SHALL REGISTER WITH THE DIVISION NO
LATER  THAN  TEN  CALENDAR  DAYS  AFTER  ANY CHANGE OF ADDRESS, INTERNET
ACCOUNTS WITH INTERNET ACCESS  PROVIDERS  BELONGING  TO  SUCH  OFFENDER,
INTERNET  IDENTIFIERS  THAT  SUCH OFFENDER USES, OR HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION SIX
OF  SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, SHALL BE SUBMITTED
BY THE CRIMINAL STREET GANG OFFENDER EACH TIME SUCH  OFFENDER  REGISTERS
ANY  CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT,
ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER  EDUCA-
TION.  ANY  FAILURE  OR  OMISSION  TO  SUBMIT THE REQUIRED FEE SHALL NOT
AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
OF STATUS.
  4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO ANY CRIMINAL STREET GANG OFFENDER WHOSE CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S  169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS.  1.
THE DURATION OF REGISTRATION AND VERIFICATION FOR A CRIMINAL STREET GANG
OFFENDER SHALL BE ANNUALLY FOR FIVE YEARS FOR  A  CRIMINAL  STREET  GANG
OFFENDER WHO IS A MISDEMEANOR OFFENDER, AND ANNUALLY FOR TEN YEARS FOR A
CRIMINAL STREET GANG OFFENDER WHO IS A FELONY OFFENDER.
  2.  REGISTRATION  AND  VERIFICATION  AS REQUIRED BY THIS ARTICLE SHALL
CONSIST OF A STATEMENT IN WRITING SIGNED BY  THE  CRIMINAL  STREET  GANG
OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE
DIVISION  SHALL  ENTER  THE  INFORMATION  INTO AN APPROPRIATE ELECTRONIC
DATABASE OR FILE.
  S 169-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.   UPON RECEIPT OF A CHANGE OF ADDRESS BY A CRIMINAL STREET GANG
OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE,  THE  DIVISION  SHALL
NOTIFY  THE  LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE CRIMI-
NAL STREET GANG OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. THE

S. 7929                            13

DIVISION SHALL, IF THE CRIMINAL STREET GANG OFFENDER  CHANGES  RESIDENCE
TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE
NEW PLACE OF RESIDENCE.
  S  169-J.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION, DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY,  PROBATION  DEPARTMENT,
DIVISION OF PAROLE, COURT OR CHILD PROTECTIVE AGENCY SHALL FORWARD RELE-
VANT  INFORMATION  PERTAINING  TO  A CRIMINAL STREET GANG OFFENDER TO BE
DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED TO
THE DIVISION FOR REVIEW NO LATER THAN ONE HUNDRED TWENTY DAYS  PRIOR  TO
THE  RELEASE OR DISCHARGE AND THE DIVISION SHALL MAKE RECOMMENDATIONS AS
PROVIDED IN SECTION ONE HUNDRED SIXTY-EIGHT-L  OF  THIS  ARTICLE  WITHIN
SIXTY  DAYS  OF  RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT
MAY NOT BE LIMITED TO ALL OR A PORTION OF THE ARREST FILE,  PROSECUTOR'S
FILE,  PROBATION  OR  PAROLE  FILE,  CHILD  PROTECTIVE FILE, COURT FILE,
COMMITMENT FILE, MEDICAL FILE AND  TREATMENT  FILE  PERTAINING  TO  SUCH
PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFOR-
MATION  RELEVANT  TO THE REVIEW. UPON APPLICATION OF THE CRIMINAL STREET
GANG OFFENDER OR THE DISTRICT ATTORNEY, THE COURT SHALL SEAL ANY PORTION
OF THE BOARD'S FILE PERTAINING TO  THE  CRIMINAL  STREET  GANG  OFFENDER
WHICH  CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY STATE OR FEDERAL
LAW; PROVIDED, HOWEVER, THAT IN ANY SUBSEQUENT PROCEEDINGS IN WHICH  THE
CRIMINAL STREET GANG OFFENDER WHO IS THE SUBJECT OF THE SEALED RECORD IS
A  PARTY AND WHICH REQUIRES THE BOARD TO PROVIDE A RECOMMENDATION TO THE
COURT PURSUANT TO THIS ARTICLE, SUCH SEALED RECORD SHALL BE AVAILABLE TO
THE CRIMINAL STREET GANG OFFENDER, THE DISTRICT ATTORNEY, THE COURT  AND
THE  ATTORNEY  GENERAL WHERE THE ATTORNEY GENERAL IS A PARTY, OR REPRES-
ENTS A PARTY, IN THE PROCEEDING.
  S 169-K. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, UNLESS IT  IS  SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER  THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED  IN THIS SECTION UNLESS IT IS SHOWN
THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
BAD FAITH.
  S 169-L. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR FILE A  REPORT  WITH  THE  GOVERNOR,  AND  THE  LEGISLATURE
DETAILING  THE  PROGRAM,  COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
EFFECTIVENESS OF THE PROVISIONS  OF  THIS  ARTICLE,  TOGETHER  WITH  ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 169-M. PENALTY. ANY CRIMINAL STREET GANG OFFENDER REQUIRED TO REGIS-
TER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO
REGISTER  OR  VERIFY  IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED
FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY UPON  CONVICTION
FOR  THE  FIRST  OFFENSE.  UPON  CONVICTION  FOR  A SECOND OR SUBSEQUENT
OFFENSE SUCH CRIMINAL STREET GANG OFFENDER SHALL BE GUILTY OF A CLASS  D
FELONY.

S. 7929                            14

  S 169-N. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF  ANY  INFORMATION  REQUIRED  TO BE COLLECTED PURSUANT TO THIS ARTICLE
SHALL BE A CLASS B MISDEMEANOR.
  S 169-O. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
ANY OTHER SECTION OR PART THEREOF.
  S  8.  Section 109 of the correction law is renumbered section 110 and
a new section 109 is added to read as follows:
  S 109. THE DEPARTMENT SHALL ESTABLISH A  PROGRAM,  AFTER  CONSULTATION
WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES AND WITH CHIEFS AND
COMMISSIONERS OF POLICE, UNDER WHICH  THE  LEADERS  OF  CRIMINAL  STREET
GANGS  MAY  BE  SENT  TO OTHER STATE INSTITUTIONS PURSUANT TO AGREEMENTS
EXECUTED UNDER SECTION ONE HUNDRED THREE OF THIS CHAPTER.
  S 9. 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. THE DEPARTMENT SHALL PREPARE  AND  DISTRIBUTE
TO  SCHOOLS  GUIDELINES  FOR  INCORPORATING  IN-SERVICE TRAINING IN GANG
VIOLENCE FOR TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS,  SCHOOL  BOARD
MEMBERS,  AND  OTHER  EDUCATIONAL  PERSONNEL  INTO THE STAFF DEVELOPMENT
PLANS, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING  COMPRE-
HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND
GUIDELINES,  TO  THE MAXIMUM EXTENT POSSIBLE, 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 STATE  AND  LOCAL  GANG
VIOLENCE  STAFF  DEVELOPMENT  PROGRAMS,  COUNTY AND CITY LAW ENFORCEMENT
AGENCIES, AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG  VIOLENCE
PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL.
  THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE
RECEIPT  OF  FEDERAL  AND STATE FUNDS TO SUPPORT THEIR GANG VIOLENCE AND
DRUG AND ALCOHOL ABUSE  PREVENTION  IN-SERVICE  TRAINING  PROGRAMS.  THE
DEPARTMENT  SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES
REGARDING GANG VIOLENCE.
  THE TERM "GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION  IN-SER-
VICE  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
TO  ASSIST  THEM  IN  DEVELOPING THE POSITIVE VALUES, SELF-ESTEEM, KNOW-
LEDGE, AND SKILLS TO LEAD PRODUCTIVE, GANG-FREE,  AND  DRUG-FREE  LIVES,
INCLUDING  THE  DEVELOPMENT  OF KNOWLEDGE OF THE CAUSES OF 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.

S. 7929                            15

  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.
  4. THE DEPARTMENT SHALL PREPARE AND  DISTRIBUTE  TO  SCHOOL  DISTRICTS
GUIDELINES  FOR  INCORPORATING  IN-SERVICE TRAINING IN GANG VIOLENCE AND
DRUG AND ALCOHOL ABUSE PREVENTION  FOR  TEACHERS,  COUNSELORS,  ATHLETIC
DIRECTORS,  SCHOOL  BOARD  MEMBERS, AND OTHER EDUCATIONAL PERSONNEL INTO
THE STAFF DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND  COUNTY  OFFICES
OF  EDUCATION.  SUCH  TRAINING SHALL INCLUDE INSTRUCTION TO TEACHERS AND
ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG
REGALIA AND GANG AFFILIATION.
  S  1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY   OTHER
PROVISION  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE GOVERN-
ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS
CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB-
ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF
THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID-
UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI-
CY IS NECESSARY FOR THE HEALTH AND SAFETY  OF  THE  SCHOOL  ENVIRONMENT.
INDIVIDUAL  SCHOOLS  MAY  INCLUDE  THE REASONABLE DRESS CODE POLICY. THE
GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO
HAVE THEIR CHILDREN COMPLY WITH AN ADOPTED  SCHOOL  UNIFORM  POLICY.  NO
PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST
NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE
THE  PUPIL  COMPLY  WITH  THE SCHOOL UNIFORM POLICY. THE GOVERNING BOARD
SHALL CONTINUE TO HAVE RESPONSIBILITY FOR THE APPROPRIATE  EDUCATION  OF
SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY
OUT THE INTENT AND PURPOSES OF THIS SECTION.
  S  1213.  CRIMINAL  STREET  GANG  AND  VIOLENCE PREVENTION PARTNERSHIP
PROGRAM. 1.  THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR  PROGRAMS
FROM  THE  CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-JJJJ 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

S. 7929                            16

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.
  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.
  S 10. The executive law is amended by adding a new  section  837-s  to
read as follows:
  S 837-S. OFFICE OF CRIMINAL STREET GANG AND YOUTH VIOLENCE PREVENTION.
1.  ESTABLISHMENT.  THERE  IS  HEREBY ESTABLISHED WITHIN THE DIVISION OF
CRIMINAL JUSTICE SERVICES THE OFFICE OF CRIMINAL STREET GANGS AND  YOUTH
VIOLENCE  (HEREINAFTER  IN THIS SECTION, THE "OFFICE"). THE HEAD OF SUCH
OFFICE SHALL BE THE DIRECTOR OF CRIMINAL STREET GANG AND YOUTH  VIOLENCE
PREVENTION (HEREINAFTER IN THIS SECTION, THE "DIRECTOR").
  2.  DUTIES  AND  RESPONSIBILITIES. THE OFFICE SHALL BE RESPONSIBLE FOR
IDENTIFYING AND EVALUATING STATE, LOCAL,  AND  FEDERAL  GANG  AND  YOUTH
VIOLENCE  SUPPRESSION, INTERVENTION, AND PREVENTION PROGRAMS AND STRATE-
GIES, ALONG WITH FUNDING  FOR  THOSE  EFFORTS.  THE  DIRECTOR  SHALL  BE
RESPONSIBLE  FOR  MONITORING,  ASSESSING,  AND  COORDINATING THE STATE'S
PROGRAMS, STRATEGIES, AND FUNDING THAT ADDRESS GANG AND  YOUTH  VIOLENCE
IN  A  MANNER THAT MAXIMIZES THE EFFECTIVENESS AND COORDINATION OF THOSE
PROGRAMS, STRATEGIES, AND RESOURCES. THE DIRECTOR SHALL COMMUNICATE WITH
LOCAL AGENCIES AND PROGRAMS IN AN EFFORT TO PROMOTE THE  BEST  PRACTICES
FOR  ADDRESSING  GANG  AND  YOUTH  VIOLENCE  THROUGH SUPPRESSION, INTER-
VENTION, AND PREVENTION. OFFICE ACTIVITIES  AS  TO  SUCH  MATTERS  SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A)  DEVELOPING  RECOMMENDATIONS  TO  DEFINE  ITS  MISSION,  ROLE, AND
RESPONSIBILITIES AS A STATEWIDE ENTITY DEDICATED  TO  REDUCING  VIOLENCE
AND  THE  PROLIFERATION  OF  GANGS  AND  GANG  VIOLENCE PURSUANT TO THIS
SECTION. IN DEVELOPING RECOMMENDATIONS,  THE  OFFICE  SHALL  COLLABORATE
WITH  STATE  AND  LOCAL  STAKEHOLDERS,  INCLUDING,  BUT  NOT LIMITED TO,
NOT-FOR-PROFIT ORGANIZATIONS SERVING AT-RISK POPULATIONS  AND  NEIGHBOR-
HOODS, LAW ENFORCEMENT, EDUCATORS, THE COURTS, POLICY EXPERTS AND SCHOL-
ARS WITH EXPERTISE IN THE AREA OF CRIMINAL STREET GANGS, AND LOCAL POLI-
CYMAKERS.
  (B)  IN  COLLABORATION  WITH  STATE  AND  LOCAL STAKEHOLDERS, DEFINING
ACTIVITIES INCLUDING:
  (I) THE COLLECTION AND ANALYSIS OF DATA ON GANG  MEMBERSHIP  STATEWIDE
AND THE EFFECTIVENESS OF VARIOUS GANG PREVENTION EFFORTS.
  (II) THE DEVELOPMENT OF RELIABLE AND ACCURATE SOURCES OF DATA TO MEAS-
URE THE SCALE AND CHARACTERISTICS OF CRIMINAL STREET GANG PROBLEMS.
  (III)  THE  DEVELOPMENT  OF  A  CLEARINGHOUSE FOR RESEARCH ON CRIMINAL
STREET GANGS, AT-RISK YOUTH, AND PREVENTION AND INTERVENTION PROGRAMS IN
ORDER TO IDENTIFY BEST PRACTICES AND EVIDENCE-BASED PROGRAMMING, AS WELL

S. 7929                            17

AS UNSUCCESSFUL PRACTICES, IN ORDER TO PROMOTE EFFECTIVE STRATEGIES  FOR
REDUCING  CRIMINAL  STREET  GANG  INVOLVEMENT  AND  CRIMINAL STREET GANG
VIOLENCE.
  (IV) THE BEST METHODS TO ASSIST STATE AND LOCAL GOVERNMENTAL AND OTHER
ORGANIZATIONS  IN  DEVELOPING CRIMINAL STREET GANG VIOLENCE AND CRIMINAL
STREET GANG PREVENTION STRATEGIES, INCLUDING BUILT-IN EVALUATION  COMPO-
NENTS.
  (V)  THE DEVELOPMENT OF SUSTAINED COORDINATION MECHANISMS AMONG STATE,
LOCAL, AND REGIONAL ENTITIES.
  (VI)  THE  IDENTIFICATION  OF  AVAILABLE  OR  NEEDED  FEDERAL,  STATE,
REGIONAL, LOCAL, AND PRIVATE FUNDING RESOURCES.
  (VII) THE BEST MEANS TO PROVIDE AND PROMOTE PUBLIC EDUCATION ON EFFEC-
TIVE  PROGRAMS,  MODELS,  AND STRATEGIES FOR THE CONTROL OF VIOLENCE AND
SERVING AS A CLEARINGHOUSE  FOR  INFORMATION  ON  CRIMINAL  STREET  GANG
VIOLENCE PREVENTION ISSUES, PROGRAMS, RESOURCES, AND RESEARCH.
  (VIII)  MEANS OF PROVIDING OR PROMOTING TRAINING AND TECHNICAL ASSIST-
ANCE TO HELP BUILD THE CAPACITY OF ORGANIZATIONS, COMMUNITIES, AND LOCAL
GOVERNMENT TO DEVELOP, IMPLEMENT,  AND  EVALUATE  CRIMINAL  STREET  GANG
VIOLENCE PREVENTION PROGRAMS.
  (IX)  PROVIDING  INFORMATION  AND  GUIDANCE TO STATE AND LOCAL GOVERN-
MENTAL AND NON-GOVERNMENTAL ENTITIES  ON  ACCESSING  STATE  AND  FEDERAL
RESOURCES TO PREVENT CRIMINAL STREET GANG VIOLENCE.
  (X)  FACILITATING  GREATER  INTEGRATION BETWEEN EXISTING ENTITIES WITH
RESPECT TO CRIMINAL STREET GANG PREVENTION EFFORTS.
  3. REPORT. THE OFFICE SHALL PUBLISH A REPORT OF ITS POLICY RECOMMENDA-
TIONS AND ACTIVITIES, WHICH IT SHALL PROVIDE TO THE LEGISLATURE AND  THE
GOVERNOR,  AND  MAKE  AVAILABLE  TO  THE PUBLIC ONLINE. THE OFFICE SHALL
ANNUALLY UPDATE SUCH REPORT, AND INCLUDE RECOMMENDATIONS FOR MORE EFFEC-
TIVE ACTION, PROGRAM CHANGES, AND STATUTORY CHANGES  TO  BETTER  PREVENT
THE  PROLIFERATION  OF  CRIMINAL  STREET  GANGS AND CRIMINAL STREET GANG
VIOLENCE.
  4. CURRICULUM. THE OFFICE IN  COLLABORATION  WITH  THE  DEPARTMENT  OF
EDUCATION, SHALL ESTABLISH CURRICULUM FOR THE ANTI-GANG VIOLENCE PARENT-
ING CLASSES REQUIRED PURSUANT TO THIS SECTION, INCLUDING, BUT NOT LIMIT-
ED TO, ALL OF THE FOLLOWING CRITERIA:
  (A)  A  MEETING  IN WHICH THE FAMILIES OF INNOCENT VICTIMS OF CRIMINAL
STREET GANG VIOLENCE SHARE THEIR EXPERIENCES.
  (B) A MEETING IN WHICH THE SURVIVING PARENTS OF  A  DECEASED  CRIMINAL
STREET GANG MEMBER SHARE THEIR EXPERIENCE.
  (C)  HOW TO IDENTIFY CRIMINAL STREET GANG AND DRUG-RELATED ACTIVITY IN
CHILDREN.
  (D) HOW TO COMMUNICATE EFFECTIVELY WITH ADOLESCENTS.
  (E) AN OVERVIEW OF PERTINENT SUPPORT AGENCIES  AND  ORGANIZATIONS  FOR
INTERVENTION,  EDUCATION, JOB TRAINING, AND POSITIVE RECREATIONAL ACTIV-
ITIES, INCLUDING TELEPHONE NUMBERS,  LOCATIONS,  AND  CONTACT  NAMES  OF
THOSE AGENCIES AND ORGANIZATIONS.
  (F)  THE  POTENTIAL FINES AND PERIODS OF INCARCERATION FOR THE COMMIS-
SION OF ADDITIONAL CRIMINAL STREET GANG-RELATED OFFENSES.
  (G) THE POTENTIAL PENALTIES THAT  MAY  BE  IMPOSED  UPON  PARENTS  FOR
AIDING AND ABETTING CRIMES COMMITTED BY THEIR CHILDREN.
  5.  CRIMINAL  STREET  GANG DATABASE. IN DEVELOPING AND MAINTAINING THE
STATEWIDE CRIMINAL STREET GANG REGISTRATION SYSTEM REQUIRED PURSUANT  TO
ARTICLE  SIX-D  OF  THE CORRECTION LAW, THE DIVISION OF CRIMINAL JUSTICE
SERVICES, THROUGH THE OFFICE MAY ESTABLISH A CRIMINAL STREET GANG  DATA-
BASE. IN DOING DO, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL:

S. 7929                            18

  (A)  CREATE  A  UNIFORM  REPORTING  FORMAT  FOR THE ENTRY OF PERTINENT
INFORMATION REGARDING THE REPORT OF AN  ARRESTED  CRIMINAL  STREET  GANG
MEMBER OR ORGANIZED CRIMINAL STREET GANG AFFILIATES INTO THE DATABASE.
  (B)  NOTIFY  ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS
OF ARRESTED CRIMINAL STREET GANG MEMBERS OR  ORGANIZED  CRIMINAL  STREET
GANG AFFILIATES SHALL BE ENTERED INTO THE STATEWIDE CRIMINAL STREET GANG
DATABASE  AS  SOON  AS THE MINIMUM LEVEL OF DATA, TO BE SPECIFIED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES, IS  AVAILABLE  TO  THE  REPORTING
AGENCY.
  (C)  DEVELOP  AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND LOCAL LAW
ENFORCEMENT AGENCIES OF THE EMERGENCE OF NEW ORGANIZED  CRIMINAL  STREET
GANGS  OR  THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION SIGN OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG.
  (D) COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES  IN  A  MANNER  THAT  ALLOWS  THE
INFORMATION  TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES.
  (E) COMPILE AND MAINTAIN  AN  HISTORIC  DATA  REPOSITORY  RELATING  TO
ORGANIZED  CRIMINAL  STREET  GANGS  AND  THEIR MEMBERS AND AFFILIATES IN
ORDER TO DEVELOP AND IMPROVE  TECHNIQUES  UTILIZED  BY  LAW  ENFORCEMENT
AGENCIES  AND PROSECUTORS IN THE INVESTIGATION, APPREHENSION, AND PROSE-
CUTION OF MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS.
  (F) CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF  ORGAN-
IZED  CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET GANG
AFFILIATION DATA, TIMELINESS AND ACCURACY OF  INFORMATION  ENTERED  INTO
THE  STATEWIDE  CRIMINAL  STREET GANG DATABASE AND PERFORMANCE AUDITS OF
ALL AGENCIES ENTERING INFORMATION.
  6. PILOT PROGRAM. THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  THROUGH
THE  OFFICE,  AND  IN  COOPERATION  WITH  THE DEPARTMENT OF CORRECTIONAL
ALTERNATIVES, SHALL ESTABLISH A PILOT PROGRAM  UNDER  WHICH  LEADERS  OF
CRIMINAL  STREET  GANGS  MAY  BE  TRANSFERRED TO PRISONS IN OTHER STATES
PURSUANT TO SECTION ONE HUNDRED THREE OF THE CORRECTION LAW.  THE  DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL REPORT BIENNIALLY ON THE SUCCESS
OF SUCH PROGRAM, WITH RECOMMENDATIONS FOR CHANGE, TO THE LEGISLATURE AND
THE GOVERNOR.
  S  11.  Subdivision (f) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
[120.06]  495.07, gang assault in the first degree as defined in section
[120.07] 495.08, stalking in the first  degree  as  defined  in  section
120.60,  manslaughter in the second degree as defined in subdivision one
of section 125.15, manslaughter  in  the  first  degree  as  defined  in
section  125.20,  murder  in  the  second  degree  as defined in section
125.25, aggravated murder as defined in section 125.26,  murder  in  the
first  degree  as  defined  in  section 125.27, kidnapping in the second
degree as defined in section 135.20, kidnapping in the first  degree  as
defined  in  section  135.25, burglary in the third degree as defined in
section 140.20, burglary in the second  degree  as  defined  in  section
140.25, burglary in the first degree as defined in section 140.30, arson
in  the  second  degree as defined in section 150.15, arson in the first
degree as defined in section 150.20, robbery  in  the  third  degree  as
defined  in  section  160.05, robbery in the second degree as defined in
section 160.10, robbery in  the  first  degree  as  defined  in  section

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160.15,  promoting  prostitution  in  the  second  degree  as defined in
section 230.30, promoting prostitution in the first degree as defined in
section 230.32, compelling prostitution as defined  in  section  230.33,
disseminating indecent material to minors in the first degree as defined
in  section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 12. Paragraph (a) of subdivision 2 of section  60.07  of  the  penal
law,  as added by chapter 148 of the laws of 2000, is amended to read as
follows:
  (a) the term "specified offense"  shall  mean  an  attempt  to  commit
murder  in  the second degree as defined in section 125.25 of this chap-
ter, gang assault in the first degree as  defined  in  section  [120.07]
495.08  of this chapter, gang assault in the second degree as defined in
section [120.06] 495.07 of this chapter, assault in the first degree  as
defined  in  section  120.10  of this chapter, manslaughter in the first
degree as defined in section 125.20 of this chapter, manslaughter in the
second degree as defined in section 125.15 of this chapter,  robbery  in
the  first  degree as defined in section 160.15 of this chapter, robbery
in the second degree as defined in section 160.10 of  this  chapter,  or
the  attempted commission of any of the following offenses: gang assault
in the first degree as defined in section 120.07, assault in  the  first
degree as defined in section 120.10, manslaughter in the first degree as
defined  in  section 125.20 or robbery in the first degree as defined in
section 160.15;
  S 13. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of  the
penal  law,  paragraph (a) as amended by chapter 320 of the laws of 2006
and paragraph (b) as separately amended by chapters 764 and 765  of  the
laws of 2005, are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree  as  defined in section [120.07] 495.08, intimidating a victim or
witness in the first degree as  defined  in  section  215.17,  hindering
prosecution  of  terrorism  in  the  first  degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal  use  of  a

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chemical  weapon  or biological weapon in the third degree as defined in
section 490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, gang assault  in  the  second
degree  as  defined  in  section [120.06] 495.07, burglary in the second
degree as defined in section 140.25, robbery in  the  second  degree  as
defined in section 160.10, criminal possession of a weapon in the second
degree  as  defined  in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, soliciting
or providing support for an act of terrorism  in  the  first  degree  as
defined  in  section  490.15,  hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.37.
  S  14.  Subdivision  2 of section 130.91 of the penal law, as added by
chapter 7 of the laws of 2007, is amended to read as follows:
  2. A "specified offense" is a felony offense defined  by  any  of  the
following  provisions  of  this chapter: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
[120.06] 495.07, gang assault in the first degree as defined in  section
[120.07]  495.08,  stalking  in  the  first degree as defined in section
120.60, manslaughter in the second degree as defined in subdivision  one
of  section  125.15,  manslaughter  in  the  first  degree as defined in
section 125.20, murder in  the  second  degree  as  defined  in  section
125.25,  aggravated  murder  as defined in section 125.26, murder in the
first degree as defined in section  125.27,  kidnapping  in  the  second
degree  as  defined in section 135.20, kidnapping in the first degree as
defined in section 135.25, burglary in the third degree  as  defined  in
section  140.20,  burglary  in  the  second degree as defined in section
140.25, burglary in the first degree as defined in section 140.30, arson
in the second degree as defined in section 150.15, arson  in  the  first
degree  as  defined  in  section  150.20, robbery in the third degree as
defined in section 160.05, robbery in the second degree  as  defined  in
section  160.10,  robbery  in  the  first  degree  as defined in section
160.15, promoting prostitution  in  the  second  degree  as  defined  in
section 230.30, promoting prostitution in the first degree as defined in
section  230.32,  compelling  prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 15. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.