S T A T E   O F   N E W   Y O R K
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                                  10465

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. ESPINAL, MALLIOTAKIS -- read once and referred to
  the Committee on Codes

AN  ACT  to  amend  the penal law, the civil practice law and rules, the
  state finance law, the education law, and the mental hygiene  law,  in
  relation  to defining offenses involving criminal street gangs, creat-
  ing the criminal street gang prevention fund, and providing  for  gang
  prevention  services  in  schools;  and  to repeal sections 120.06 and
  120.07 of the penal law, relating to offenses of gang assault

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

  Section  1.  Legislative  findings and purpose. The legislature hereby
finds that New York laws are insufficiently targeted to the  prosecution
of criminal street gangs and the protection of public order and individ-
ual safety against gang-related violence, because they lack programs and
activities  specifically  designed  to  prevent  the  growth of criminal
street gangs, facilitate prosecution and punishment of members of crimi-
nal street gangs, and punish those who solicit others to participate  in
criminal  street  gangs  and  in  acts  of  gang-related violence or who
provide support or resources  to  those  who  commit  or  encourage  the
commission of such acts.
  The  legislature  further  finds  that  the threat of violence and the
disruption of public order and safety presented by criminal street gangs
has reached a crisis point that threatens the right of residents of this
state to be secure and protected from fear, intimidation,  and  physical
harm.
  The legislature therefore finds and declares that it is in every sense
in  the  public  interest  to  establish a comprehensive approach to the
protection of public order and individual safety against criminal street
gangs and gang-related violence, by severely criminalizing  such  activ-
ities,  by creating anti-crime programs that focus on patterns of crimi-
nal gang activity and  organization,  and  by  expanding  education  and
intervention  to prevent the growth of criminal street gangs as provided
in this legislation.
  S 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law,
as added by chapter 148 of the laws of  2000,  is  amended  to  read  as
follows:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04618-03-2

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  (a)  the  term  "specified  offense"  shall  mean an attempt to commit
murder in the second degree as defined in section 125.25 of  this  chap-
ter,  gang  assault  in  the first degree as defined in section [120.07]
495.08 of this chapter, gang assault in the second degree as defined  in
section  [120.06] 495.07 of this chapter, assault in the first degree as
defined in section 120.10 of this chapter,  manslaughter  in  the  first
degree as defined in section 125.20 of this chapter, manslaughter in the
second  degree  as defined in section 125.15 of this chapter, robbery in
the first degree as defined in section 160.15 of this  chapter,  robbery
in  the  second  degree as defined in section 160.10 of this chapter, or
the attempted commission of any of the following offenses: gang  assault
in  the  first  degree as defined in section [120.07] 495.08, assault in
the first degree as defined in section 120.10, manslaughter in the first
degree as defined in section 125.20 or robbery in the  first  degree  as
defined in section 160.15;
  S  3.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (b)  as  amended by chapter 148 of the laws of 2011, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section [120.07] 495.08, intimidating a  victim  or
witness  in  the  first  degree  as defined in section 215.17, hindering
prosecution of terrorism in the  first  degree  as  defined  in  section
490.35, criminal possession of a chemical weapon or biological weapon in
the  second  degree  as defined in section 490.40, and criminal use of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section [120.06] 495.07, strangulation in the first degree as
defined  in  section 121.13, burglary in the second degree as defined in

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section 140.25, robbery in the  second  degree  as  defined  in  section
160.10,  criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in  the  second  degree  as
defined  in  section  265.08,  criminal  sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section  265.14,  soliciting  or  providing
support  for  an  act  of  terrorism  in  the first degree as defined in
section 490.15, hindering prosecution of terrorism in the second  degree
as  defined  in  section  490.30,  and criminal possession of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.37.
  S 4. Sections 120.06 and 120.07 of the penal law are REPEALED.
  S  5.  Subdivision 2 of section 130.91 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
  2. A "specified offense" is a felony offense defined  by  any  of  the
following  provisions  of  this chapter: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
[120.06] 495.07, gang assault in the first degree as defined in  section
[120.07]  495.08,  stalking  in  the  first degree as defined in section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter  in  the  second  degree  as  defined in subdivision one of
section 125.15, manslaughter in the first degree as defined  in  section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section  135.20,  kidnapping  in  the first degree as defined in section
135.25, burglary in the third  degree  as  defined  in  section  140.20,
burglary  in the second degree as defined in section 140.25, burglary in
the first degree as defined in  section  140.30,  arson  in  the  second
degree  as  defined  in  section  150.15,  arson  in the first degree as
defined in section 150.20, robbery in the third  degree  as  defined  in
section  160.05,  robbery  in  the  second  degree as defined in section
160.10, robbery in the  first  degree  as  defined  in  section  160.15,
promoting  prostitution  in  the  second  degree  as  defined in section
230.30, promoting prostitution in the first degree as defined in section
230.32, compelling prostitution as defined in  section  230.33,  dissem-
inating  indecent  material  to minors in the first degree as defined in
section 235.22, use of a child in a sexual  performance  as  defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S  6.  The  penal  law is amended by adding a new title Y-2 to read as
follows:
                                 TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS

                               ARTICLE 495
          CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
SECTION 495.01 DEFINITIONS.
        495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
        495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.

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        495.05 SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTICIPATION
                 IN A CRIMINAL STREET GANG.
        495.06 SOLICITATION  OR  RECRUITMENT OF MINORS FOR PARTICIPATION
                 IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS.
        495.07 GANG ASSAULT IN THE SECOND DEGREE.
        495.08 GANG ASSAULT IN THE FIRST DEGREE.
        495.09 ABATEMENT OF  PREMISES  USED  FOR  CRIMINAL  STREET  GANG
                 ACTIVITY.
        495.10 PREEMPTION.
        495.11 SENTENCING.
S 495.01 DEFINITIONS.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "CRIMINAL STREET GANG" MEANS ANY FORMAL OR  INFORMAL  ORGANIZATION,
ASSOCIATION,  OR  GROUP OF THREE OR MORE PERSONS HAVING A COMMON NAME OR
IDENTIFYING SIGN OR SYMBOL WHOSE MEMBERS  INDIVIDUALLY  OR  COLLECTIVELY
ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY.
  2.  "PATTERN  OF  CRIMINAL  GANG  ACTIVITY"  MEANS  THE COMMISSION OF,
ATTEMPTED  COMMISSION  OF,  CONSPIRACY  TO  COMMIT,   SOLICITATION   OF,
SUSTAINED JUVENILE PETITION FOR, OR CONVICTION OF ANY TWO OR MORE OF ANY
SPECIFIED  OFFENSES  LISTED  IN  SUBDIVISION  THREE OF THIS SECTION BY A
PARTICIPANT OR PARTICIPANTS IN A CRIMINAL STREET GANG, PROVIDED THAT THE
OFFENSES SHALL HAVE OCCURRED ON SEPARATE OCCASIONS WITHIN THREE YEARS OF
EACH OTHER, OR BY TWO OR MORE PERSONS WHO ARE PARTICIPANTS IN A CRIMINAL
STREET GANG, AND THAT AT LEAST ONE  SUCH  OFFENSE  SHALL  HAVE  OCCURRED
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  3. "SPECIFIED OFFENSE" MEANS ANY OFFENSE DEFINED BY ANY OF THE FOLLOW-
ING  PROVISIONS  OF  THIS  CHAPTER:  OFFENSES  CONSTITUTING  A SPECIFIED
OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES),
ARTICLE ONE HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE  HUNDRED  THIR-
TY-FIVE  (KIDNAPPING, COERCION AND RELATED OFFENSE), ONE HUNDRED SEVENTY
(FORGERY AND RELATED  OFFENSES),  ONE  HUNDRED  SEVENTY-EIGHT  (CRIMINAL
DIVERSION  OF  PRESCRIPTION  MEDICATIONS AND PRESCRIPTIONS), TWO HUNDRED
TWENTY  (CONTROLLED  SUBSTANCES  OFFENSES),   TWO   HUNDRED   TWENTY-ONE
(OFFENSES   INVOLVING  MARIHUANA),  TWO  HUNDRED  TWENTY-FIVE  (GAMBLING
OFFENSES), TWO HUNDRED THIRTY (PROSTITUTION OFFENSES), TWO HUNDRED THIR-
TY-FIVE  (OBSCENITY  AND  RELATED  OFFENSES),  TWO  HUNDRED   SIXTY-FIVE
(FIREARMS  AND  OTHER  DANGEROUS  WEAPONS),  TWO  HUNDRED SEVENTY (OTHER
OFFENSES RELATING TO PUBLIC SAFETY), FOUR HUNDRED (LICENSING  AND  OTHER
PROVISIONS RELATING TO FIREARMS) OR FOUR HUNDRED SEVENTY (MONEY LAUNDER-
ING).
S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
  A  PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF SUCH
PERSON PARTICIPATES IN A CRIMINAL STREET GANG WITH  KNOWLEDGE  THAT  ITS
MEMBERS  ENGAGE  IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIV-
ITY.
  PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
S 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A PERSON IS GUILTY OF PARTICIPATION IN CRIMINAL STREET  GANG  ACTIVITY
WHEN  HE  OR SHE WILLFULLY AND KNOWINGLY PROMOTES, FURTHERS, ASSISTS IN,
CONDUCTS, OR PARTICIPATES IN THE AFFAIRS OF A CRIMINAL  STREET  GANG  BY
PARTICIPATING IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR KNOWING-
LY  INVESTS  PROCEEDS  DERIVED  FROM  CRIMINAL  STREET GANG ACTIVITY, OR
PROCEEDS DERIVED FROM THE INVESTMENT OR USE OF  THOSE  PROCEEDS,  IN  AN
ENTERPRISE.  A  PERSON  MAY  BE  A PARTICIPANT IN A CRIMINAL STREET GANG
IRRESPECTIVE OF THE AMOUNT OF TIME HE OR SHE  DEVOTES  TO  THE  CRIMINAL

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STREET  GANG,  AS LONG AS SUCH PERSON SHALL HAVE PARTICIPATED IN COMMIT-
TING ACTS CONSTITUTING CRIMINAL STREET GANG ACTIVITY WITH  ONE  OR  MORE
MEMBERS OF A CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
  A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG IF SUCH PERSON:
  1. SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A  CRIMINAL
STREET  GANG  WITH  THE  INTENT  THAT  THE PERSON SOLICITED OR RECRUITED
PARTICIPATE IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR  WITH  THE
INTENT  THAT  SUCH  PERSON  PROMOTE,  FURTHER, CONDUCT, OR ASSIST IN ANY
PATTERN OF CRIMINAL STREET GANG ACTIVITY  BY  MEMBERS  OF  THE  CRIMINAL
STREET GANG; OR
  2.  THREATENS  A  PERSON  WITH  PHYSICAL  VIOLENCE  WITH THE INTENT TO
COERCE, INDUCE, OR SOLICIT SUCH PERSON OR ANOTHER TO  PARTICIPATE  IN  A
CRIMINAL STREET GANG; OR
  3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON
TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS E
FELONY.
S 495.05 SOLICITATION OR RECRUITMENT OF MINORS FOR  PARTICIPATION  IN  A
           CRIMINAL STREET GANG.
  A  PERSON  IS  GUILTY  OF  SOLICITATION  OR  RECRUITMENT OF MINORS FOR
PARTICIPATION IN A CRIMINAL STREET GANG WHEN HE OR SHE COMMITS THE CRIME
OF SOLICITATION FOR PARTICIPATION IN A  CRIMINAL  STREET  GANG  AND  THE
PERSON SOLICITED OR RECRUITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION  OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL
STREET GANG IS A CLASS D FELONY.
S 495.06 SOLICITATION OR RECRUITMENT OF MINORS FOR  PARTICIPATION  IN  A
           CRIMINAL STREET GANG ON SCHOOL GROUNDS.
  A  PERSON  IS  GUILTY  OF  SOLICITATION  OR  RECRUITMENT OF MINORS FOR
PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE
COMMITS THE CRIME OF SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTIC-
IPATION  IN A CRIMINAL STREET GANG WHILE ON SCHOOL GROUNDS. FOR PURPOSES
OF THIS SECTION, THE TERM "SCHOOL GROUNDS"  MEANS  "SCHOOL  GROUNDS"  AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER.
  SOLICITATION  OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL
STREET GANG ON SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.07 GANG ASSAULT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF GANG ASSAULT IN THE  SECOND  DEGREE  WHEN,  WITH
INTENT  TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO
OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS  PHYS-
ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 495.08 GANG ASSAULT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  GANG ASSAULT IN THE FIRST DEGREE WHEN, WITH
INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED
BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS
PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY.
  1.  A  BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR
THE PURPOSE OF ENGAGING IN A PATTERN OF  CRIMINAL  GANG  ACTIVITY  IS  A
NUISANCE  WHICH  SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH
DAMAGES MAY BE RECOVERED,  IRRESPECTIVE  OF  WHETHER  IT  CONSTITUTES  A
PUBLIC OR PRIVATE NUISANCE.

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  2.  ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS  OF
THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL
APPLY:
  (A)  THE  COURT  SHALL  NOT  ASSESS A CIVIL PENALTY AGAINST ANY PERSON
UNLESS THAT PERSON KNEW OR  SHOULD  HAVE  KNOWN  OF  THE  UNLAWFUL  ACTS
COMMITTED ON OR IN THE PREMISES;
  (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED;
  (C)  ALL  INJUNCTIONS  ISSUED  SHALL  BE LIMITED TO THOSE NECESSARY TO
PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE  PUBLIC  OR  THOSE
NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND
  (D)  SUIT  MAY  NOT  BE  FILED UNTIL A THIRTY DAY NOTICE PERIOD OF THE
UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL,
RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS.
  3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION  WHICH  IS  CONDUCTING
ITS  AFFAIRS  WITH  ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY,
SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE  AND  TWO
OF THIS SECTION.
  4.  NOTHING  IN  THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM
SEEKING ANY OTHER REMEDY PROVIDED BY LAW.
  5. WHEN AN INJUNCTION IS ISSUED  PURSUANT  TO  THIS  SECTION  FOR  THE
ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL STREET GANG ACTIVITIES, THE
ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR-
NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE  COMMUNITY
OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL
BE  PAID  BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS
MEMBERS THAT WERE DERIVED FROM  THE  PATTERN  OF  CRIMINAL  STREET  GANG
ACTIVITY  BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE
KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF
THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT  PURSUANT  TO
THIS  SUBDIVISION,  THE  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, OR CITY
ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE  OF,  THE  TESTIMONY  OF
EXPERTS  TO  ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD
INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS  SUBDIVISION
SHALL  BE  DEPOSITED  INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE
GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION  THE
COMMUNITY  OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE
THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY
THE NUISANCE.
S 495.10 PREEMPTION.
  NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
S 495.11 SENTENCING.
  1.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO THIS  ARTICLE,  AND  THE  SPECIFIED
OFFENSE IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS
CHAPTER,  THE  CRIME  OF  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
NAL  STREET  GANG  ACTIVITY  PURSUANT  TO THIS ARTICLE AND THE SPECIFIED
OFFENSE IS A MISDEMEANOR OR A CLASS C, D  OR  E  FELONY,  THE  CRIME  OF
PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED TO BE ONE
CATEGORY  HIGHER  THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR
ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S
CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A  SPECIFIED  OFFENSE,
WHICHEVER IS APPLICABLE.

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  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS OF IMPRISONMENT IF THE  DEFENDANT  IS  SENTENCED  PURSUANT  TO
SECTION 70.00 OF THIS CHAPTER;
  (B)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.02
OF THIS CHAPTER;
  (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
OF  IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04
OF THIS CHAPTER;
  (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
FOUR  YEARS  OF  IMPRISONMENT  IF THE DEFENDANT IS SENTENCED PURSUANT TO
SECTION 70.05 OF THIS CHAPTER; AND
  (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
DETERMINATE  SENTENCE  MUST BE AT LEAST TEN YEARS OF IMPRISONMENT IF THE
DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
  4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING,  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO  THIS  ARTICLE  AND  THE  SPECIFIED
OFFENSE  IS  A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISONMENT.
  NOTWITHSTANDING ANY OTHER LAW, THE COURT  MAY  STRIKE  THE  ADDITIONAL
PUNISHMENT  FOR  THE  ENHANCEMENTS  PROVIDED IN SUBDIVISIONS ONE THROUGH
FOUR OF THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL  SENTENCE  FOR
MISDEMEANORS  IN  AN  UNUSUAL  CASE WHERE THE INTERESTS OF JUSTICE WOULD
BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE
MINUTES THE CIRCUMSTANCES INDICATING THE MANNER IN WHICH  THE  INTERESTS
OF JUSTICE WOULD BEST BE SERVED BY SUCH DISPOSITION.
  NOTWITHSTANDING  THE  FOREGOING,  IN  THE  CASE OF A MINOR FOUND TO BE
GUILTY OF AN OFFENSE DESCRIBED IN  THIS  ARTICLE  WHO  IS  A  FIRST-TIME
OFFENDER,  THE  COURT MAY ORDER THAT A PARENT OR GUARDIAN RETAIN CUSTODY
OF THAT MINOR, AND MAY ORDER THE PARENT OR GUARDIAN TO ATTEND  ANTI-GANG
VIOLENCE  PARENTING  CLASSES  ESTABLISHED  PURSUANT  TO STANDARDS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES. THE FATHER,  MOTHER,  SPOUSE,  OR
OTHER  PERSON  LIABLE  FOR  THE SUPPORT OF THE MINOR, THE ESTATE OF THAT
PERSON, AND THE ESTATE OF THE MINOR SHALL BE  LIABLE  FOR  THE  COST  OF
CLASSES  ORDERED  PURSUANT  TO THIS SECTION, UNLESS THE COURT FINDS THAT
THE PERSON OR ESTATE DOES NOT HAVE THE  FINANCIAL  ABILITY  TO  PAY.  IN
EVALUATING FINANCIAL ABILITY TO PAY, THE COURT SHALL TAKE INTO CONSIDER-
ATION  THE  COMBINED  HOUSEHOLD INCOME, THE NECESSARY OBLIGATIONS OF THE
HOUSEHOLD, THE NUMBER OF PERSONS DEPENDENT UPON THIS INCOME, AND WHETHER
REDUCED MONTHLY PAYMENTS WOULD OBVIATE THE NEED TO WAIVE  LIABILITY  FOR
THE FULL COSTS.
  S  7.  The  opening  paragraph  of  paragraph  (h) of subdivision 2 of
section 1349 of the civil practice law and rules, as  added  by  chapter
655 of the laws of 1990, is amended to read as follows:
  [All]  EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I) OF
THIS SUBDIVISION  APPLIES,  ALL  moneys  remaining  after  distributions
pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
distributed as follows:
  S 8. Subdivision 2 of section 1349 of the civil practice law and rules
is amended by adding a new paragraph (i) to read as follows:
  (I) IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED  IS
CONVICTED  OF  AN  OFFENSE LISTED IN ARTICLE FOUR HUNDRED NINETY-FIVE OF

A. 10465                            8

THE PENAL LAW, ALL MONEYS  REMAINING  AFTER  DISTRIBUTIONS  PURSUANT  TO
PARAGRAPHS  (A)  THROUGH (G) OF THIS SUBDIVISION SHALL BE DISTRIBUTED TO
THE CRIMINAL  STREET  GANG  PREVENTION  FUND,  ESTABLISHED  PURSUANT  TO
SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  S  9. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. CRIMINAL STREET GANG PREVENTION FUND. 1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  OF  THE  MISCELLANEOUS
SPECIAL  REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG PREVENTION
FUND.
  2. THE COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE  FOR  DEPOSIT
TO  THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED FOR
SUCH DEPOSIT BY LAW OR APPROPRIATION.
  3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  BE  AVAILABLE  TO  SUPPORT  THE CRIMINAL STREET GANG AND VIOLENCE
PREVENTION PARTNERSHIP PROGRAM ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED THIRTEEN OF THE EDUCATION LAW.
  S  10. The education law is amended by adding a new article 25 to read
as follows:
                                ARTICLE 25
                             GANG PREVENTION
SECTION 1210. GANG PREVENTION.
        1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES.
        1212. DRESS CODE CONCERNING GANG-RELATED APPAREL.
        1213. CRIMINAL STREET GANG AND VIOLENCE  PREVENTION  PARTNERSHIP
                PROGRAM.
  S  1210.  GANG PREVENTION. THE DEPARTMENT SHALL PREPARE AND DISTRIBUTE
TO SCHOOLS GUIDELINES FOR  INCORPORATING  IN-SERVICE  TRAINING  IN  GANG
VIOLENCE  FOR  TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS, SCHOOL BOARD
MEMBERS, AND OTHER EDUCATIONAL  PERSONNEL  INTO  THE  STAFF  DEVELOPMENT
PLANS,  AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING COMPRE-
HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND
GUIDELINES, TO THE MAXIMUM EXTENT POSSIBLE, SHALL ENCOURAGE  SCHOOLS  TO
AVOID  DUPLICATION  OF EFFORT BY SHARING RESOURCES; ADAPTING OR ADOPTING
MODEL IN-SERVICE TRAINING PROGRAMS; DEVELOPING JOINT  AND  COLLABORATIVE
PROGRAMS;  AND  COORDINATING  EFFORTS WITH EXISTING STATE AND LOCAL GANG
VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY  AND  CITY  LAW  ENFORCEMENT
AGENCIES,  AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG VIOLENCE
PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL.
  THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE
RECEIPT OF FEDERAL AND STATE FUNDS TO SUPPORT THEIR  GANG  VIOLENCE  AND
DRUG  AND  ALCOHOL  ABUSE  PREVENTION  IN-SERVICE TRAINING PROGRAMS. THE
DEPARTMENT SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
REGARDING GANG VIOLENCE.
  THE  TERM "GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION IN-SER-
VICE TRAINING" AS  USED  IN  THIS  SECTION  MEANS  THE  PRESENTATION  OF
PROGRAMS,  INSTRUCTION,  AND  CURRICULA THAT WILL HELP EDUCATORS DEVELOP
COMPETENCIES IN INTERACTING IN A POSITIVE MANNER WITH CHILDREN AND YOUTH
TO ASSIST THEM IN DEVELOPING THE  POSITIVE  VALUES,  SELF-ESTEEM,  KNOW-
LEDGE,  AND  SKILLS  TO LEAD PRODUCTIVE, GANG-FREE, AND DRUG-FREE LIVES,
INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES  OF  GANG  VIOLENCE
AND  SUBSTANCE  ABUSE,  AND TRAINING REGARDING AVAILABLE INFORMATION AND
RESOURCES CONCERNING GANG VIOLENCE.
  S 1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1.  THE
DEPARTMENT,  IN  COLLABORATION  WITH  THE  DIVISION  OF CRIMINAL JUSTICE

A. 10465                            9

SERVICES, SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM  FOR
USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION
OF THE CURRICULUM AND OF PUPIL OUTCOMES.
  2.  IN  DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN CONJUNCTION WITH
THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  SHALL  ASSESS  THE  CURRENT
STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT-
ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL
PROVIDE  OR  MAINTAIN  A  HIGH  LEVEL  OF  SCHOOL SAFETY AND ADDRESS THE
SCHOOL'S PROCEDURES FOR COMPLYING WITH EXISTING LAWS RELATED  TO  SCHOOL
SAFETY.
  3.  UPON  REQUEST,  THE  DEPARTMENT  SHALL  ASSIST SCHOOL DISTRICTS IN
DEVELOPING COMPREHENSIVE  GANG  VIOLENCE  AND  DRUG  AND  ALCOHOL  ABUSE
PREVENTION  IN-SERVICE  TRAINING  PROGRAMS. SUCH GUIDELINES SHALL TO THE
MAXIMUM EXTENT POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO  SHARE  RESOURCES,
DEVELOP  JOINT  AND  COLLABORATIVE PROGRAMS, AND COORDINATE EFFORTS WITH
OTHER EXISTING STATE AND LOCAL PROGRAMS.
  4. THE DEPARTMENT SHALL PREPARE AND  DISTRIBUTE  TO  SCHOOL  DISTRICTS
GUIDELINES  FOR  INCORPORATING  IN-SERVICE TRAINING IN GANG VIOLENCE AND
DRUG AND ALCOHOL ABUSE PREVENTION  FOR  TEACHERS,  COUNSELORS,  ATHLETIC
DIRECTORS,  SCHOOL  BOARD  MEMBERS, AND OTHER EDUCATIONAL PERSONNEL INTO
THE STAFF DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND  COUNTY  OFFICES
OF  EDUCATION.  SUCH  TRAINING SHALL INCLUDE INSTRUCTION TO TEACHERS AND
ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG
REGALIA AND GANG AFFILIATION.
  S  1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY   OTHER
PROVISION  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE GOVERN-
ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS
CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB-
ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF
THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID-
UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI-
CY IS NECESSARY FOR THE HEALTH AND SAFETY  OF  THE  SCHOOL  ENVIRONMENT.
INDIVIDUAL  SCHOOLS  MAY  INCLUDE  THE REASONABLE DRESS CODE POLICY. THE
GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO
HAVE THEIR CHILDREN COMPLY WITH AN ADOPTED  SCHOOL  UNIFORM  POLICY.  NO
PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST
NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE
THE  PUPIL  COMPLY  WITH  THE SCHOOL UNIFORM POLICY. THE GOVERNING BOARD
SHALL CONTINUE TO HAVE RESPONSIBILITY FOR THE APPROPRIATE  EDUCATION  OF
SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY
OUT THE INTENT AND PURPOSES OF THIS SECTION.
  S  1213.  CRIMINAL  STREET  GANG  AND  VIOLENCE PREVENTION PARTNERSHIP
PROGRAM. 1.  THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR  PROGRAMS
FROM  THE  CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL
BE DISBURSED  TO  NON-PROFIT  AGENCIES  THAT  COMPLY  WITH  THE  PROGRAM
REQUIREMENTS AND WHO MEET FUNDING CRITERIA.
  2. GRANTS DISBURSED PURSUANT TO THIS SECTION MAY ENHANCE BUT SHALL NOT
SUPPLANT  LOCAL,  STATE, OR FEDERAL FUNDS THAT WOULD OTHERWISE BE AVAIL-
ABLE FOR THE PREVENTION OR INTERVENTION OF YOUTH INVOLVEMENT  IN  GANGS,
CRIME,  OR VIOLENCE.   GRANTS SHALL BE AWARDED PURSUANT TO A REQUEST FOR
PROPOSALS THAT INFORMS APPLICANTS OF THE PURPOSES  AND  AVAILABILITY  OF
FUNDS  TO BE AWARDED AND SOLICITS PROPOSALS TO PROVIDE SERVICES CONSIST-
ENT WITH THIS ARTICLE. AGENCIES RECEIVING FUNDS PURSUANT TO THIS SECTION
SHALL UTILIZE THE FUNDS TO PROVIDE SERVICES AND ACTIVITIES  DESIGNED  TO

A. 10465                           10

PREVENT  OR  DETER  AT-RISK  YOUTH FROM PARTICIPATING IN GANGS, CRIMINAL
ACTIVITY, OR VIOLENT BEHAVIOR. SUCH FUNDS MAY NOT BE USED  FOR  SERVICES
OR ACTIVITIES RELATED TO SUPPRESSION, LAW ENFORCEMENT, INCARCERATION, OR
OTHER  PURPOSES  NOT  RELATED TO THE PREVENTION AND DETERRENCE OF GANGS,
CRIME, AND VIOLENCE. NOTHING IN THIS  SUBDIVISION  SHALL  PREVENT  FUNDS
FROM  BEING  USED  FOR  VIOLENCE  PREVENTION  AND  GANG CRIME DETERRENCE
SERVICES PROVIDED BY NONPROFIT AGENCIES TO YOUTHS INCARCERATED IN  JUVE-
NILE  DETENTION  FACILITIES. SERVICES AND ACTIVITIES PROVIDED WITH FUNDS
UNDER THIS SECTION SHALL BE USED FOR AT-RISK YOUTH WHO  ARE  DEFINED  AS
PERSONS  FROM  AGE  FIVE  TO  TWENTY YEARS OF AGE AND WHO ARE CURRENT OR
FORMER GANG MEMBERS, OR WHO HAVE ONE OR MORE FAMILY  MEMBERS  LIVING  AT
HOME WHO ARE CURRENT OR FORMER MEMBERS OF A GANG.
  3.  THE  DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE CRIMINAL STREET
GANG AND VIOLENCE PREVENTION PARTNERSHIP  PROGRAM  AFTER  TWO  YEARS  OF
PROGRAM  OPERATION AND EACH YEAR THEREAFTER, TO ASSESS THE EFFECTIVENESS
AND RESULTS OF THE PROGRAM. THE EVALUATION SHALL BE CONDUCTED  BY  STAFF
OR  AN INDEPENDENT BODY THAT HAS EXPERIENCE IN EVALUATING PROGRAMS OPER-
ATED BY COMMUNITY-BASED ORGANIZATIONS OR NONPROFIT AGENCIES.  AFTER  TWO
YEARS  OF  PROGRAM  OPERATION,  AND EACH YEAR THEREAFTER, THE DEPARTMENT
SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE  DESCRIBING
IN DETAIL THE OPERATION OF THE PROGRAM AND THE RESULTS OBTAINED.
  S  11.  Subdivision (f) of section 10.03 of the mental hygiene law, as
amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
follows:
  (f) "Designated felony" means any felony offense defined by any of the
following  provisions  of the penal law: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
[120.06] 495.07, gang assault in the first degree as defined in  section
[120.07]  495.08,  stalking  in  the  first degree as defined in section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter  in  the  second  degree  as  defined in subdivision one of
section 125.15, manslaughter in the first degree as defined  in  section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section  135.20,  kidnapping  in  the first degree as defined in section
135.25, burglary in the third  degree  as  defined  in  section  140.20,
burglary  in the second degree as defined in section 140.25, burglary in
the first degree as defined in  section  140.30,  arson  in  the  second
degree  as  defined  in  section  150.15,  arson  in the first degree as
defined in section 150.20, robbery in the third  degree  as  defined  in
section  160.05,  robbery  in  the  second  degree as defined in section
160.10, robbery in the  first  degree  as  defined  in  section  160.15,
promoting  prostitution  in  the  second  degree  as  defined in section
230.30, promoting prostitution in the first degree as defined in section
230.32, compelling prostitution as defined in  section  230.33,  dissem-
inating  indecent  material  to minors in the first degree as defined in
section 235.22, use of a child in a sexual  performance  as  defined  in
section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 12. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.