NY State Senate Bill 2009-S6740

Senate Bill S6740

2009-2010 Legislative Session

Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony as part of a street gang

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	referred to codes

co-Sponsors

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2009-S6740 (ACTIVE) - Details

See Assembly Version of this Bill:: A7703
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add Art 475 §§475.00 & 475.05, Pen L; amd §200.50, CP L
Versions Introduced in 2011-2012 Legislative Session:: S1404, A3477

2009-S6740 (ACTIVE) - Summary

Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony for the benefit of, at the direction of or in association with a street gang; a determinate sentence of between 2 and 5 years shall be served in addition to any other sentence imposed for the conviction of the underlying felony and shall be served consecutively with any other sentence of imprisonment; however, when the underlying felony is a violent felony or a class A felony the determinate sentence shall be 10 years.

2009-S6740 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6740

 TITLE OF BILL :
An act to amend the penal law and the criminal procedure law, in
relation to street gang crimes


 PURPOSE OR GENERAL IDEA OF BILL :
Provides for the imposition of an additional determinate sentence of
imprisonment for the commission of a felony as part of a street gang.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the penal law by adding a new article 475 to define
street gang crime as group of two or more who share common
characteristics and collaborate on crimes and require during
sentencing:

a) additional 2 (mandatory minimum) to 5 years based on judge's
discretion for offenses committed as part of a gang

b) additional 10 years for any violent crimes

Section 2 amends the criminal procedure law subdivision 7 of section
200.50 adding a new paragraph to allow for enhanced penalties.

Section 3 sets effective date as 1st of November succeeding the date

the bill shall become law.

 JUSTIFICATION :
The need to address the rising criminal activity that has been
attributed to street gangs has become evident. Although reports
concerning the level of gang activity in New York are conflicting, no
one can deny that gang violence has become a reality in New York. It
is no longer uncommon for gangs to solicit youngsters in elementary
schools to join their criminal activity. Tougher, new laws are
required to break up these gangs. It is time to start going after
gangs as we did with organized crime.

Gang violence hurts especially smaller cities. A study of troubled
youth in Rochester showed that gang members accounted for 68 percent
of all the violent acts of delinquency among the youths studied in
that city. Gang violence, however, also spread across suburban
communities in New York State. Best estimates put gang membership at
3,000 to 5,000 in more than 42 gangs in Nassau County with as many or
more members in Suffolk County, according to 2004 Caught in the
Crossfire: Arresting Long Island Gang Violence by Investing in Kids
report by FIGHT CRIME: INVEST IN KIDS, a national, bipartisan,
nonprofit anti-crime organization.

New York is one of the few states that does not provide additional
tools to law enforcement and to the courts to fight the recruitment,
retention and coercion of gang members to Continue to expand their
illegal enterprises. This legislation would require enhanced Sentences
for crimes committed by gang members. Such legislation would offer a
deterrent for teens to join the gangs and especially to commit crimes
as part of the gang. This would also help to deter teens by educating
them about such laws. Laws similar to this one are Very successful in
California, New Jersey, and Florida.

 PRIOR LEGISLATIVE HISTORY :
2005-2006 - S.7208-B/A.10268-C Passed Senate.
2007-2008 - S.3832/A.1687

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill shall become effective on the 1st of November succeeding the
date the bill shall become law.

2009-S6740 (ACTIVE) - Bill Text download pdf

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

                                  6740

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sens.  HANNON, BONACIC, LARKIN, MORAHAN, PADAVAN -- read
  twice and ordered printed, and when printed to  be  committed  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
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.

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

                                                           LBD10053-01-9

S. 6740                             2

  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.

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Senate Bill S6740

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

John J. Bonacic

John J. Flanagan

William Larkin

Thomas P. Morahan

2009-S6740 (ACTIVE) - Details

2009-S6740 (ACTIVE) - Summary

2009-S6740 (ACTIVE) - Sponsor Memo

2009-S6740 (ACTIVE) - Bill Text download pdf

Comments