S T A T E O F N E W Y O R K
________________________________________________________________________
7703
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
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Introduced by M. of A. P. RIVERA, WEISENBERG, ERRIGO, RAMOS, PERALTA,
LUPARDO, DelMONTE, FIELDS, JAFFEE, MAISEL, LANCMAN, GUNTHER, BENJAMIN,
ALESSI, TITUS, ALFANO, BENEDETTO, SEMINERIO, TOBACCO, EDDINGTON --
Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BACALLES, BARRA,
BOYLAND, BRENNAN, BURLING, CALHOUN, CHRISTENSEN, CLARK, CONTE, DESTI-
TO, FINCH, GALEF, GIGLIO, GREENE, HIKIND, HYER-SPENCER, JOHN, LATIMER,
MAGEE, MARKEY, MAYERSOHN, McDONOUGH, NOLAN, PHEFFER, J. RIVERA,
STIRPE, SWEENEY, THIELE, TOWNSEND, WALKER, WRIGHT -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to street gang crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new article 475 to
read as follows:
ARTICLE 475
STREET GANG CRIME
SECTION 475.00 STREET GANG CRIMES.
475.05 SENTENCING.
S 475.00 STREET GANG CRIMES.
1. A PERSON COMMITS A STREET GANG CRIME WHEN HE OR SHE COMMITS A FELO-
NY FOR THE BENEFIT OF, AT THE DIRECTION OF OR IN ASSOCIATION WITH A
STREET GANG.
2. A "STREET GANG" MEANS TWO OR MORE PERSONS ASSOCIATED IN FACT.
PERSONS ARE "ASSOCIATED IN FACT" WHEN:
(A) THEY HAVE IN COMMON A GROUP NAME OR IDENTIFYING SIGN, SYMBOL,
TATTOO OR OTHER PHYSICAL MARKING, STYLE OF DRESS, OR OTHER USE OF HAND
SIGNS, OR OTHER INDICIA OF ASSOCIATION OR COMMON LEADERSHIP; AND
(B) INDIVIDUALLY OR IN COMBINATION WITH OTHER MEMBERS OF A STREET
GANG, WHILE ENGAGING IN GANG RELATED ACTIVITY, HAVE COMMITTED,
CONSPIRED, FACILITATED OR ATTEMPTED TO COMMIT TWO OR MORE OFFENSES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10053-01-9
A. 7703 2
DEFINED IN ARTICLE ONE HUNDRED TWENTY (ASSAULT AND RELATED OFFENSES),
ONE HUNDRED TWENTY-FIVE (HOMICIDE, ABORTION AND RELATED OFFENSES), ONE
HUNDRED THIRTY (SEX OFFENSES), ONE HUNDRED THIRTY-FIVE (KIDNAPPING,
COERCION AND RELATED OFFENSES), ONE HUNDRED FORTY (BURGLARY AND RELATED
OFFENSES), ONE HUNDRED FIFTY (ARSON), ONE HUNDRED FIFTY-FIVE (LARCENY),
ONE HUNDRED SIXTY (ROBBERY), TWO HUNDRED TWENTY (CONTROLLED SUBSTANCE
OFFENSES) OR TWO HUNDRED TWENTY-ONE (OFFENSES INVOLVING MARIHUANA) OF
THIS CHAPTER.
S 475.05 SENTENCING.
WHEN A PERSON IS CONVICTED OF A STREET GANG CRIME PURSUANT TO THIS
ARTICLE, HE OR SHE SHALL BE SENTENCED TO A DETERMINATE SENTENCE OF
IMPRISONMENT OF NOT LESS THAN TWO YEARS, NOR MORE THAN FIVE YEARS, WHICH
SHALL BE SERVED IN ADDITION TO ANY OTHER SENTENCE IMPOSED FOR THE
CONVICTION OF THE FELONY OR FELONIES WHICH THE DEFENDANT COMMITTED IN
THE COURSE OF THE STREET GANG CRIME, AND SUCH DETERMINATE SENTENCE SHALL
RUN CONSECUTIVELY TO ANY OTHER SENTENCE OF IMPRISONMENT IMPOSED UPON THE
CONVICTION OF SUCH FELONY OR FELONIES; PROVIDED, HOWEVER THAT THE DETER-
MINATE SENTENCE OF IMPRISONMENT IMPOSED UPON A PERSON CONVICTED OF A
STREET GANG CRIME SHALL BE TEN YEARS WHEN ANY FELONY COMMITTED IN THE
COURSE OF THE STREET GANG CRIME IS A VIOLENT FELONY OFFENSE OR A CLASS A
FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS
CHAPTER.
S 2. Subdivision 7 of section 200.50 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
(F) IN THE CASE OF ANY STREET GANG CRIME, AS DEFINED IN SECTION 475.00
OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE DEFENDANT, WHILE
AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, COMMITTED A FELONY FOR
THE BENEFIT OF, OR AT THE DIRECTION OF OR IN ASSOCIATION WITH A STREET
GANG, AS DEFINED IN SUBDIVISION TWO OF SECTION 475.00 OF THE PENAL LAW;
AND
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.