S T A T E O F N E W Y O R K
________________________________________________________________________
11475--A
I N A S S E M B L Y
June 16, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos, Skar-
tados) -- read once and referred to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the judiciary law, in relation to establishing gang
courts; and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Findings. The legislature hereby finds and declares that
the growth of criminal gang activities have created a public safety
crisis and social disorder in many communities across our state. To this
point, our system of justice has failed to successfully deter the spread
of this criminality. Whether it is the distribution and sale of
controlled substances, street crime, gun violence, prostitution or
simply the climate of fear, intimidation, and disorder that poison our
neighborhoods, many afflicted localities appear to be under siege. To
address this problem, the state should be flexible and seek integrated
ways of employing the resources of our judicial and criminal justice
system and other state and local entities.
Based on the foregoing findings the legislature hereby declares that
the New York unified court system should be empowered to establish a
gang court pilot program within available appropriations, to help
address these broad based issues. The legislature contemplates that the
program authorized in this act may consist of two special gang courts,
one in the county of Orange and one in the county of Suffolk, to hear
and determine gang related criminal cases, properly venued in compliance
with the criminal procedure law, from within each respective county,
commencing no later than January first, two thousand eleven and continu-
ing, at least, until January first, two thousand sixteen.
The legislature declares that the resources necessary for these
special gang parts of the courts of Orange county and the courts of
Suffolk county can be made available only through a combination of
federal funds from the law enforcement assistance administration of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17005-05-0
A. 11475--A 2
United States department of justice, and state and local funds, services
and facilities.
S 2. The judiciary law is amended by adding a new article 5-C to read
as follows:
ARTICLE 5-C
GANG COURT PILOT PROGRAM
SECTION 178. SPECIAL GANG PARTS; ESTABLISHMENT.
178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS.
178-B. PROCEDURE IN A SPECIAL GANG PART.
S 178. SPECIAL GANG PARTS; ESTABLISHMENT. 1. THERE MAY BE ESTABLISHED
IN THE COURTS OF ORANGE COUNTY AND THE COURTS OF SUFFOLK COUNTY SPECIAL
GANG PARTS IN SUCH NUMBERS AND AT SUCH LOCATIONS AS SHALL BE DESIGNATED
BY THE CHIEF ADMINISTRATOR OF THE COURTS, BY ADMINISTRATIVE ORDER, TO
EFFECTUATE THE PURPOSES OF THIS ARTICLE SUBJECT TO AVAILABILITY OF
ADEQUATE FUNDING WITHIN MONEY APPROPRIATED WITHIN A GIVEN FISCAL YEAR.
SUCH PARTS SHALL HEAR AND DETERMINE GANG RELATED CRIMINAL CASES ASSIGNED
THERETO FROM ANY COURT WITHIN SUCH COUNTIES.
2. THE CHIEF ADMINISTRATOR FOR THE COURTS, IN CONSULTATION WITH ALL
APPROPRIATE STATE AND COUNTY AGENCIES, MAY REQUEST THAT ALL CURRENTLY
AVAILABLE RESOURCES BE MADE AVAILABLE TO THE SPECIAL GANG COURT PARTS
AND AUTHORIZE THESE SPECIAL PARTS TO DEVELOP AND IMPLEMENT NEW PROGRAMS
AS DEEMED NECESSARY TO FURTHER THE ADMINISTRATION OF JUSTICE.
FOR PURPOSES OF THIS ARTICLE, "CRIMINAL GANG" IS DEFINED AS A GROUP OF
THREE OF MORE PERSONS WHO, THROUGH THE ORGANIZATION, FORMATION AND,
ESTABLISHMENT OF AN ASSEMBLAGE, SHARE A COMMON IDENTITY AND, WHOSE
MEMBERS, AS A CORE UNDERTAKING OF THEIR GROUP, ACTIVELY ENGAGE IN CRIMI-
NAL CONDUCT IN VIOLATION OF THE PENAL LAW.
S 178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, UPON OR AFTER ARRAIGNMENT ON AN ACCUSATORY
INSTRUMENT CHARGING A CRIMINAL OFFENSE COMMITTED BY A MEMBER OF A CRIMI-
NAL GANG AS PART OF, OR IN THE COURSE OF SUCH ILLEGAL ACTIVITIES AND
CONDUCT IN WHICH SUCH GANG IS PURPORTEDLY ENGAGING FILED IN A CRIMINAL
COURT WITHIN ORANGE COUNTY OR WITHIN SUFFOLK COUNTY AND BEFORE ENTRY OF
A PLEA OF GUILTY OR COMMENCEMENT OF TRIAL, SUCH COURT MAY ORDER THAT THE
ACCUSATORY INSTRUMENT AND ACTION BE ASSIGNED TO THE RESPECTIVE SPECIAL
GANG PART OF THE ORANGE COUNTY OR SUFFOLK COUNTY COURT SYSTEMS.
S 178-B. PROCEDURE IN A SPECIAL GANG PART. THE TRIAL OF ANY ACCUSATORY
INSTRUMENT IN A SPECIAL GANG PART SHALL FOR ALL PURPOSES BE DEEMED TO BE
A TRIAL, LIKE ANY OTHER CRIMINAL PROCEEDING CONDUCTED IN ORANGE COUNTY
AND SUFFOLK COUNTY RESPECTIVELY, IN WHICH THE ACCUSATORY INSTRUMENT WAS
FILED, BUT THE CHIEF ADMINISTRATOR OF THE COURTS MAY PROMULGATE RULES,
ORDERS OR REGULATIONS TO BE APPLICABLE TO SUCH PARTS IN PLACE AND
INSTEAD OF THE RULES, ORDERS OR REGULATIONS APPLICABLE TO COURTS IN THE
COUNTY WHERE THE INDICTMENT WAS FILED. THE CHIEF ADMINISTRATOR SHALL
PROVIDE BY RULE, ORDER OR REGULATION FOR AT LEAST THE FOLLOWING MATTERS:
THE PROCEDURE OF THE PART; ITS AUXILIARY SERVICES; THE ASSIGNMENT OF
JUDICIAL PERSONNEL; THE APPOINTMENT OF TERMS; AND TRANSMITTAL OF ALL
PAPERS IN THE ACTION, INCLUDING ALL UNDERTAKINGS FOR APPEARANCES OF THE
DEFENDANT AND OF THE WITNESSES, TO THE PART OF THE SUPREME COURT TO
WHICH THE ACTION HAS BEEN ASSIGNED CONSISTENT WITH THE CRIMINAL PROCE-
DURE LAW.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 5 years after such effective date.