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

                                  3477

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of A. P. RIVERA, WEISENBERG, JAFFEE, GUNTHER, RAMOS,
  MAISEL, TITUS, LUPARDO, LANCMAN, BENEDETTO, TOBACCO -- Multi-Sponsored
  by -- M. of A.  ABBATE,  ARROYO,  BOYLAND,  BRENNAN,  BURLING,  CLARK,
  CONTE,  DESTITO, FINCH, GALEF, GIGLIO, HIKIND, LATIMER, MAGEE, MARKEY,
  MAYERSOHN, McDONOUGH,  NOLAN,  PHEFFER,  J. RIVERA,  SWEENEY,  THIELE,
  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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00417-01-1
              

A. 3477                             2

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  SUBSTANCES
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.