NY State Senate Bill 2009-S726

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
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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
Jan 14, 2009	referred to codes

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2009-S726 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§460.10 & 70.40, add §§460.65, 460.66 & 460.67, Pen L

2009-S726 (ACTIVE) - Summary

Establishes the crimes of criminal street gang recruitment on school grounds in the first and second degree; adds definitional provisions relating to this new crime; permits localities to enact and enforce laws consistent with this act.

2009-S726 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S726

 TITLE OF BILL :
An act to amend the penal law, in relation to criminal street gang
activity on school grounds


 PURPOSE :
To establish the crime of criminal street gang recruitment on school
grounds.

 SUMMARY OF PROVISIONS :
Section 1 amends Section 460.10 of the Penal Law by adding
subdivisions 5, 6, 7 and 8. These additions create a definition for
"criminal street gang" and establish multiple criteria that an
individual must meet in order to be positively identified as a
"criminal street gang member," and creates a definition for "criminal
street gang activity."

Section 2 amends the Penal Law by adding new sections 460.65 and
460.66, creating the crime of criminal street gang recruitment on
school grounds in the second and first degrees. This section also adds
a new section 460.67, which makes provisions for subsequent violations
of sections 460.65 and 460.66 within a ten-year period.

Section 3 amends Section 70.40 of the Penal Law to add a new

subdivision 4. This will permit, as a condition of release on parole
for an individual incarcerated for violating Sections 460.65 or
460.66, a prohibition on that individual from associating with a
"criminal street gang" as identified in section 460.10 of the Penal
Law.

Section 4 allows for local governments to adopt and enforce laws that
relate to criminal street gang recruitment on school grounds.

Section 5 establishes the severability of the provisions of this act
if any part or provision thereof is found to be invalid.

Section 6 establishes an effective date.

 JUSTIFICATION :
Criminal street gangs, seeking to expand the scope of their
activities, are constantly seeking to recruit new members into their
hierarchy.  Increasingly, these gangs have turned to schools as a
potential source for new members. There are benefits for the gang
members staying in their neighborhood schools. A 1991 study reported
that an overwhelming majority of members wanted to stay in school
because they could congregate and discuss their activities in a social
arena, uphold their reputation as an established gang, flaunt their
gang status, display their strength of membership, provide protection
for their members, intimidate other students, recruit potential
members, and sometimes engage in criminal or violent acts.  Of course,
these benefits for the gang have negative consequences for all
students, school personnel, school safety, and the overall educational
process.  In seeking to recruit new members, these gangs create an
environment of fear and intimidation among students, disrupt the
educational function of a school and endanger the safety of teachers
and school employees. Additionally, these gangs often target for
recruitment those at-risk students who are most in danger of being
inducted into a gang and who can least afford to face a disruption to
their education. This bill would establish the new crime of gang
recruitment on school grounds to establish a deterrent effect against
these activities, as well as deny these criminal enterprises a pool of
potential new members.

 LEGISLATIVE HISTORY :
2007-08 - S.3872 Referred to Codes
2005-06 - S.1926 Referred to Codes
2004 - S.851 Passed Senate 57-4
2003 - S.851 Passed Senate 57-1
2002 - S.854 Passed Senate 58-3
2001 - S.854 Referred to Codes
2000 - S.7382-A Passed Senate 60-1

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first day of November following
enactment.

2009-S726 (ACTIVE) - Bill Text download pdf

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

                                   726

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by Sens. C. JOHNSON, BRESLIN, DIAZ, KLEIN, ONORATO, SAMPSON,
  SAVINO, THOMPSON, VALESKY -- 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 criminal street gang
  activity on school grounds

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

  Section  1.  Section 460.10 of the penal law is amended by adding four
new subdivisions 5, 6, 7 and 8 to read as follows:
  5. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION OF  ONE  OR  MORE  CRIMINAL
ACTS,  WHICH HAS AN IDENTIFIABLE NAME OR IDENTIFYING SIGN OR SYMBOL, AND
WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED  IN
CRIMINAL STREET GANG ACTIVITY.
  6. "CRIMINAL STREET GANG MEMBER" MEANS A PERSON TO WHOM TWO OR MORE OF
THE FOLLOWING CRITERIA APPLY:
  (A) ADMITS TO CRIMINAL STREET GANG MEMBERSHIP;
  (B)  IS  IDENTIFIED  AS  A CRIMINAL STREET GANG MEMBER BY A DOCUMENTED
RELIABLE INFORMANT;
  (C) RESIDES IN OR FREQUENTS A PARTICULAR CRIMINAL STREET  GANG'S  AREA
AND  ADOPTS  ITS  STYLE OF DRESS, ITS USE OF HAND SIGNALS OR ITS TATTOOS
AND ASSOCIATES WITH KNOWN CRIMINAL STREET GANG MEMBERS;
  (D) HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF KNOWN  CRIMINAL
STREET  GANG MEMBERS FOR OFFENSES WHICH ARE CONSISTENT WITH USUAL CRIMI-
NAL STREET GANG ACTIVITY;
  (E) IS IDENTIFIED  AS  A  CRIMINAL  STREET  GANG  MEMBER  BY  PHYSICAL
EVIDENCE, SUCH AS PHOTOGRAPHS OR OTHER DOCUMENTATION;
  (F)  HAS  BEEN  STOPPED  IN  THE COMPANY OF KNOWN CRIMINAL STREET GANG
MEMBERS FOUR OR MORE TIMES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05839-01-9

S. 726                              2

  (G) HAS BEEN IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY OTHER  LAW
ENFORCEMENT AGENCIES; OR
  (H) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A FAMILY MEMBER.
  7.  "CRIMINAL  STREET GANG ACTIVITY" MEANS THE COMMISSION OR ATTEMPTED
COMMISSION OF, OR SOLICITATION OR CONSPIRACY  TO  COMMIT,  TWO  OR  MORE
CRIMINAL ACTS THAT:
  (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
  (B)  ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED AND
CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS  TO  CONSTI-
TUTE  A  CRIMINAL  OFFENSE  OR  CRIMINAL  TRANSACTION, AS SUCH TERMS ARE
DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
  (C) FURTHER A CRIMINAL STREET GANG BY:    (I)  BEING  RELATED  TO  ONE
ANOTHER  THROUGH A COMMON SCHEME OR PLAN; OR (II) WERE COMMITTED, SOLIC-
ITED, REQUESTED, IMPORTUNED OR INTENTIONALLY  AIDED  BY  PERSONS  ACTING
WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH CRIMINAL
ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL STREET GANG.
  8.  "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE
REAL  PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL,  OR  (B)  ANY
AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
PURPOSE  OF  THIS  SUBDIVISION, AN "ACCESSIBLE AREA TO THE PUBLIC" SHALL
MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS,  PLAYGROUNDS,  STORES  AND
RESTAURANTS.
  S  2.  The  penal  law is amended by adding three new sections 460.65,
460.66 and 460.67 to read as follows:
S 460.65 CRIMINAL STREET GANG  RECRUITMENT  ON  SCHOOL  GROUNDS  IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  CRIMINAL  STREET GANG RECRUITMENT ON SCHOOL
GROUNDS IN THE SECOND DEGREE WHEN, ON SCHOOL GROUNDS, HE OR SHE COERCES,
SOLICITS, RECRUITS, OR INDUCES ANOTHER PERSON TO JOIN OR REMAIN A MEMBER
OF A CRIMINAL STREET GANG, OR CONSPIRES TO DO SO.
  CRIMINAL STREET GANG RECRUITMENT  ON  SCHOOL  GROUNDS  IN  THE  SECOND
DEGREE IS A CLASS E FELONY.
S 460.66 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF  CRIMINAL  STREET GANG RECRUITMENT ON SCHOOL
GROUNDS IN THE FIRST DEGREE WHEN, ON SCHOOL GROUNDS, HE OR SHE  USES  OR
THREATENS  THE  USE  OF  PHYSICAL  FORCE TO COERCE, SOLICIT, RECRUIT, OR
INDUCE ANOTHER PERSON TO JOIN OR REMAIN A MEMBER OF  A  CRIMINAL  STREET
GANG,  OR  CONSPIRES  TO DO SO, AND WHEN SUCH RECRUITMENT TAKES PLACE ON
SCHOOL GROUNDS.
  CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IN THE FIRST DEGREE
IS A CLASS D FELONY.
S 460.67 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS;  SUBSEQUENT
           VIOLATIONS.
  1.  ANY  PERSON  WHO VIOLATES SECTION 460.65 OR 460.66 OF THIS ARTICLE
AFTER HAVING BEEN CONVICTED OF A VIOLATION OF SECTION 460.65  OR  460.66
OF  THIS  ARTICLE  WITHIN  THE  PRECEDING TEN YEARS SHALL BE GUILTY OF A
CLASS C FELONY.
  2. ANY PERSON WHO VIOLATES SECTION 460.65 OR 460.66  OF  THIS  ARTICLE
AFTER  HAVING  TWICE  BEEN CONVICTED OF A VIOLATION OF SECTION 460.65 OR

S. 726                              3

460.66 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF
A CLASS B FELONY.
  S  3. Section 70.40 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  ANY
OTHER  PROVISION  OF LAW, ANY PERSON SENTENCED TO A PERIOD OF INCARCERA-
TION FOR A VIOLATION OF SECTION 460.65 OR 460.66 OF THIS CHAPTER MAY, AS
A CONDITION OF RELEASE ON PAROLE, BE PROHIBITED  FROM  ASSOCIATING  WITH
THE MEMBERS OF A CRIMINAL STREET GANG. FOR THE PURPOSES OF THIS SECTION,
"CRIMINAL   STREET  GANG"  SHALL  BE  DEFINED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION 460.10 OF THIS CHAPTER.
  S 4. 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 on school grounds 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
preempting such local laws.
  S 5. Severability. If any part or provision of this act, or the appli-
cation thereof to any person  or  circumstance,  is  held  invalid,  the
remainder  of  this  act,  including  the  application  of  the  part or
provision to other persons  or  circumstances,  shall  not  be  affected
thereby  and  shall  continue in full force and effect. To this end, the
provisions of this act are severable.
  S 6. 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 S726

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S726 (ACTIVE) - Details

2009-S726 (ACTIVE) - Summary

2009-S726 (ACTIVE) - Sponsor Memo

2009-S726 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2009-S726 (ACTIVE) - Details

2009-S726 (ACTIVE) - Summary

2009-S726 (ACTIVE) - Sponsor Memo

2009-S726 (ACTIVE) - Bill Text download pdf

Comments