Senate Bill S2561

2009-2010 Legislative Session

Creates crimes relating to solicitation of persons in criminal street gang activity and provides penalties

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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
Feb 24, 2009	referred to codes

2009-S2561 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§100.23 & 100.25, Pen L

2009-S2561 (ACTIVE) - Summary

Creates the new crime of solicitation or recruitment of persons in criminal street gang activity and the crime of solicitation or recruitment of minors in criminal street gang activity; classifies each as E and D felonies respectively; and authorizes local law pre-emption.

2009-S2561 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2561

 TITLE OF BILL :

An act to amend the penal law, in relation to creating the crimes of
solicitation or recruitment of persons in criminal street gang
activity


 PURPOSE :

To establish the crime of soliciting or recruiting another to join or
participate in a criminal street gang. In any case in which the
offender solicits a minor to participate in criminal street gang
activity the offender is subject to an extended term of imprisonment.

 SUMMARY OF PROVISIONS :

Section 1 adds two new sections to the Penal Law. Section 100.23
creates the new crime of solicitation or recruitment of persons in
criminal street gang activity. Section 100.23 also creates a
definition for "criminal street gang" and establishes multiple
criteria that an individual must meet in order to be positively
identified as a "criminal street gang member." Section 100.25 creates
the crime of solicitation or recruitment of minors in criminal street
gang activity.

Section 2 allows for local laws that relate to criminal street gang
recruitment; establishes that this bill does not preempt any local
law.

Section 3 establishes the severability of this act when it is applied
to multiple persons or multiple circumstances.

Section 4 establishes an effective date.

 JUSTIFICATION :

Criminal street gangs, assembled for the principal purpose of engaging
in unlawful activity, are constantly seeking to recruit new members
into their hierarchy. Gang members regularly recruit others to
participate in their criminal practices through threats, intimidation
and actual physical violence. Such recruitment is undertaken with the
intent of requiring a person to commit a range of crimes to join or
retain membership in a street gang.

Minors are particularly vulnerable and are often forced into criminal
activity as a means of gang initiation. Minors can fall prey to such
incitement and intimidation in their high schools and local
neighborhoods. The active recruitment of minors in these environments
is a growing trend which requires a strong response.

Just as gang recruitment helps to perpetuate a strong gang presence,
targeting the activities of those who seek out new members will
severely weaken criminal gang structure. Holding accountable those who
solicit or recruit gang members brings gang recruiters within the
remit of the law and protects minors from this form of exploitation.
This bill seeks to effectively deter gang recruitment and punish those
who seek to employ others for their criminal ends.

 LEGISLATIVE HISTORY :

2003-2004: S.6704/A.9955
2005-2006: S.1927/A.3066-A
2007-2008: S.3077/A.2428 (Passed Senate)

 FISCAL IMPLICATIONS :

None.

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

2009-S2561 (ACTIVE) - Bill Text download pdf

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

                                  2561

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 24, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  creating  the  crimes  of
  solicitation  or recruitment of persons in criminal street gang activ-
  ity

  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 two new sections 100.23
and 100.25 to read as follows:
S 100.23 SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET  GANG
           ACTIVITY.
  A PERSON IS GUILTY OF SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMI-
NAL  STREET  GANG  ACTIVITY  WHEN HE OR SHE RECRUITS, EMPLOYS, SOLICITS,
INDUCES, COMMANDS OR OTHERWISE ATTEMPTS TO CAUSE SUCH OTHER PERSON TO BE
OR REMAIN AS A MEMBER OF A CRIMINAL STREET GANG OR CONSPIRE  TO  DO  SO,
WITH  THE  INTENT  THAT  THE PERSON BEING RECRUITED, SOLICITED, INDUCED,
COMMANDED OR CAUSED TO BE OR REMAIN A MEMBER OF SUCH GANG PARTICIPATE IN
CONDUCT CONSTITUTING A CRIME.
  FOR PURPOSES OF THIS SECTION, "CRIMINAL STREET GANG" MEANS A FORMAL OR
INFORMAL GROUP, CLUB, ORGANIZATION, OR  ASSOCIATION  OF  THREE  OR  MORE
INDIVIDUALS,  WHO  ACT  IN  CONCERT,  OR AGREE TO ACT IN CONCERT, WITH A
PURPOSE THAT ANY OF THESE PERSONS ALONE, OR IN ANY  COMBINATION,  COMMIT
OR WILL COMMIT, TWO OR MORE CRIMES UNDER THIS CHAPTER.
  SOLICITATION  OR RECRUITMENT OF PERSONS IN CRIMINAL STREET GANG ACTIV-
ITY IS A CLASS E FELONY.
S 100.25 SOLICITATION OR RECRUITMENT OF MINORS IN CRIMINAL  STREET  GANG
           ACTIVITY.
  A  PERSON IS GUILTY OF SOLICITATION OR RECRUITMENT OF MINORS IN CRIMI-
NAL STREET GANG ACTIVITY WHEN HE OR  SHE  RECRUITS,  EMPLOYS,  SOLICITS,
INDUCES,  COMMANDS  OR  OTHERWISE ATTEMPTS TO CAUSE ANOTHER PERSON UNDER
EIGHTEEN YEARS OF AGE, TO BE OR REMAIN AS A MEMBER OF A CRIMINAL  STREET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09652-01-9

S. 2561                             2

GANG  OR  CONSPIRE TO DO SO, WITH THE INTENT THAT THE PERSON UNDER EIGH-
TEEN YEARS OF AGE BEING  RECRUITED,  SOLICITED,  INDUCED,  COMMANDED  OR
CAUSED  TO  BE  OR  REMAIN  A MEMBER OF SUCH GANG PARTICIPATE IN CONDUCT
CONSTITUTING A CRIME.
  FOR PURPOSES OF THIS SECTION, "CRIMINAL STREET GANG" MEANS A FORMAL OR
INFORMAL  GROUP,  CLUB,  ORGANIZATION,  OR  ASSOCIATION OF THREE OR MORE
INDIVIDUALS, WHO ACT IN CONCERT, OR AGREE TO  ACT  IN  CONCERT,  WITH  A
PURPOSE  THAT  ANY OF THESE PERSONS ALONE, OR IN ANY COMBINATION, COMMIT
OR WILL COMMIT, TWO OR MORE CRIMES UNDER THIS CHAPTER.
  SOLICITATION OR RECRUITMENT OF MINORS IN CRIMINAL STREET GANG ACTIVITY
IS A CLASS D FELONY.
  S 2. Local laws; preemption. Nothing in this act shall prevent a local
governing body from adopting and enforcing laws consistent with this act
relating to criminal street  gang  activity  and  criminal  street  gang
violence.  Where  local  laws duplicate or supplement this act, this act
shall be construed as providing alternative remedies and not as preempt-
ing such local laws.
  S 3. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in its operation   to the provision of this act, or in its
application to the person or  circumstance,  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2561

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S2561 (ACTIVE) - Details

2009-S2561 (ACTIVE) - Summary

2009-S2561 (ACTIVE) - Sponsor Memo

2009-S2561 (ACTIVE) - Bill Text download pdf

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S2561 (ACTIVE) - Details

2009-S2561 (ACTIVE) - Summary

2009-S2561 (ACTIVE) - Sponsor Memo

2009-S2561 (ACTIVE) - Bill Text download pdf

Comments