senate Bill S2940

2011-2012 Legislative Session

Establishes the class D felony of criminal street gang recruitment on school grounds

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to codes
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.706
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

Votes

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Co-Sponsors

S2940 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §460.10, add §460.65, Pen L; add §318, Hway L
Versions Introduced in 2009-2010 Legislative Session:
S483

S2940 - Summary

Establishes the class D felony of criminal street gang recruitment on school grounds; authorizes municipalities to place gang free school zone signs on highways passing through school grounds.

S2940 - Sponsor Memo

S2940 - Bill Text download pdf

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

                                  2940

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  recruitment  on  school  grounds;  and  to  amend  the highway law, in
  relation to authorizing the placement of gang free school zone signs

  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.
                                                           LBD00102-01-1

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