Assembly Bill A9512

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

                                  9512

                          I N  A S S E M B L Y

                              March 7, 2012
                               ___________

Introduced  by M. of A. RAMOS -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the judiciary law,  in  relation  to  establishing  gang
  courts;  and  providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.   Findings. The legislature hereby finds and declares that
the growth of criminal gang activities  have  created  a  public  safety
crisis and social disorder in many communities across our state. To this
point, our system of justice has failed to successfully deter the spread
of  this  criminality.  Whether  it  is  the  distribution  and  sale of
controlled substances,  street  crime,  gun  violence,  prostitution  or
simply  the  climate of fear, intimidation, and disorder that poison our
neighborhoods, many afflicted localities appear to be  under  siege.  To
address  this  problem, the state should be flexible and seek integrated
ways of employing the resources of our  judicial  and  criminal  justice
system and other state and local entities.
  Based  on  the foregoing findings the legislature hereby declares that
the New York unified court system should be  empowered  to  establish  a
gang  court  pilot  program  within  available  appropriations,  to help
address these broad based issues. The legislature contemplates that  the
program  authorized  in this act may consist of two special gang courts,
one in the county of Orange and one in the county of  Suffolk,  to  hear
and determine gang related criminal cases, properly venued in compliance
with  the  criminal  procedure  law, from within each respective county,
commencing no later than January first, two thousand twelve and continu-
ing, at least, until January first, two thousand seventeen.
  The legislature  declares  that  the  resources  necessary  for  these
special  gang  parts  of  the  courts of Orange county and the courts of
Suffolk county can be made  available  only  through  a  combination  of
federal  funds from the law enforcement assistance administration of the
United States department of justice, and state and local funds, services
and facilities.

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

                                                           LBD08468-01-1

A. 9512                             2

  S 2. The judiciary law is amended by adding a new article 5-C to  read
as follows:
                               ARTICLE 5-C
                        GANG COURT PILOT PROGRAM
SECTION 178.   SPECIAL GANG PARTS; ESTABLISHMENT.
        178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS.
        178-B. PROCEDURE IN A SPECIAL GANG PART.
  S  178. SPECIAL GANG PARTS; ESTABLISHMENT. 1. THERE MAY BE ESTABLISHED
IN THE COURTS OF ORANGE COUNTY AND THE COURTS OF SUFFOLK COUNTY  SPECIAL
GANG  PARTS IN SUCH NUMBERS AND AT SUCH LOCATIONS AS SHALL BE DESIGNATED
BY THE CHIEF ADMINISTRATOR OF THE COURTS, BY  ADMINISTRATIVE  ORDER,  TO
EFFECTUATE  THE  PURPOSES  OF  THIS  ARTICLE  SUBJECT TO AVAILABILITY OF
ADEQUATE FUNDING WITHIN MONEY APPROPRIATED WITHIN A GIVEN  FISCAL  YEAR.
SUCH PARTS SHALL HEAR AND DETERMINE GANG RELATED CRIMINAL CASES ASSIGNED
THERETO FROM ANY COURT WITHIN SUCH COUNTIES.
  2.  THE  CHIEF  ADMINISTRATOR FOR THE COURTS, IN CONSULTATION WITH ALL
APPROPRIATE STATE AND COUNTY AGENCIES, MAY REQUEST  THAT  ALL  CURRENTLY
AVAILABLE  RESOURCES  BE  MADE AVAILABLE TO THE SPECIAL GANG COURT PARTS
AND AUTHORIZE THESE SPECIAL PARTS TO DEVELOP AND IMPLEMENT NEW  PROGRAMS
AS DEEMED NECESSARY TO FURTHER THE ADMINISTRATION OF JUSTICE.
  FOR PURPOSES OF THIS ARTICLE, "CRIMINAL GANG" IS DEFINED AS A GROUP OF
THREE  OF  MORE  PERSONS  WHO,  THROUGH THE ORGANIZATION, FORMATION AND,
ESTABLISHMENT OF AN ASSEMBLAGE,  SHARE  A  COMMON  IDENTITY  AND,  WHOSE
MEMBERS, AS A CORE UNDERTAKING OF THEIR GROUP, ACTIVELY ENGAGE IN CRIMI-
NAL CONDUCT IN VIOLATION OF THE PENAL LAW.
  S  178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, UPON  OR  AFTER  ARRAIGNMENT  ON  AN  ACCUSATORY
INSTRUMENT CHARGING A CRIMINAL OFFENSE COMMITTED BY A MEMBER OF A CRIMI-
NAL  GANG  AS  PART  OF, OR IN THE COURSE OF SUCH ILLEGAL ACTIVITIES AND
CONDUCT IN WHICH SUCH GANG IS PURPORTEDLY ENGAGING FILED IN  A  CRIMINAL
COURT  WITHIN ORANGE COUNTY OR WITHIN SUFFOLK COUNTY AND BEFORE ENTRY OF
A PLEA OF GUILTY OR COMMENCEMENT OF TRIAL, SUCH COURT MAY ORDER THAT THE
ACCUSATORY INSTRUMENT AND ACTION BE ASSIGNED TO THE  RESPECTIVE  SPECIAL
GANG PART OF THE ORANGE COUNTY OR SUFFOLK COUNTY COURT SYSTEMS.
  S 178-B. PROCEDURE IN A SPECIAL GANG PART. THE TRIAL OF ANY ACCUSATORY
INSTRUMENT IN A SPECIAL GANG PART SHALL FOR ALL PURPOSES BE DEEMED TO BE
A  TRIAL,  LIKE ANY OTHER CRIMINAL PROCEEDING CONDUCTED IN ORANGE COUNTY
AND SUFFOLK COUNTY RESPECTIVELY, IN WHICH THE ACCUSATORY INSTRUMENT  WAS
FILED,  BUT  THE CHIEF ADMINISTRATOR OF THE COURTS MAY PROMULGATE RULES,
ORDERS OR REGULATIONS TO BE  APPLICABLE  TO  SUCH  PARTS  IN  PLACE  AND
INSTEAD  OF THE RULES, ORDERS OR REGULATIONS APPLICABLE TO COURTS IN THE
COUNTY WHERE THE INDICTMENT WAS FILED.  THE  CHIEF  ADMINISTRATOR  SHALL
PROVIDE BY RULE, ORDER OR REGULATION FOR AT LEAST THE FOLLOWING MATTERS:
THE  PROCEDURE  OF  THE  PART; ITS AUXILIARY SERVICES; THE ASSIGNMENT OF
JUDICIAL PERSONNEL; THE APPOINTMENT OF TERMS;  AND  TRANSMITTAL  OF  ALL
PAPERS  IN THE ACTION, INCLUDING ALL UNDERTAKINGS FOR APPEARANCES OF THE
DEFENDANT AND OF THE WITNESSES, TO THE PART  OF  THE  SUPREME  COURT  TO
WHICH  THE  ACTION HAS BEEN ASSIGNED CONSISTENT WITH THE CRIMINAL PROCE-
DURE LAW.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 5 years after such effective date.