S T A T E   O F   N E W   Y O R K
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                                  7936

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2013
                               ___________

Introduced  by M. of A. RAMOS -- 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  correction  law, the education law, and the
  mental hygiene law, in relation to defining offenses involving  crimi-
  nal  street  gangs, creating 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 insufficient regarding the  prosecution  of
criminal  street gangs and the protection of public order and individual
safety against gang-related violence, because of the  lack  of  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
have reached a crisis point that threatens the  right  of  residents  of
this state to be secure and protected from fear, intimidation, and phys-
ical 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08725-04-3
              

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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:
  (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]
495.06  of this chapter, gang assault in the second degree as defined in
section [120.06] 495.05 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]  495.06,  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 1  of  the  laws  of  2013,  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] 495.06, 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,

A. 7936                             3

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] 495.05, strangulation in the first degree as
defined  in  section 121.13, burglary in the second degree as defined in
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,  aggravated  criminal
possession  of  a  weapon  as  defined  in section 265.19, 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 chemi-
cal  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]  495.05, gang assault in the first degree as defined in section
[120.07] 495.06, 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

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                               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 A CRIMINAL STREET GANG RELATED OFFENSE.
        495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
        495.05 GANG ASSAULT IN THE SECOND DEGREE.
        495.06 GANG ASSAULT IN THE FIRST DEGREE.
        495.07 ABATEMENT OF PREMISES USED BY A CRIMINAL STREET GANG.
        495.08 PREEMPTION.
S 495.01 DEFINITIONS.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "CRIMINAL STREET GANG MEMBER" SHALL MEAN AN INDIVIDUAL  WHO  IS  IN
POSSESSION  OF  OR EXHIBITS CRIMINAL STREET GANG PARAPHERNALIA, CRIMINAL
STREET GANG AFFILIATED TATTOOS, CRIMINAL STREET GANG CLOTHING OR COLORS,
OR ANY OTHER INDICIA OF CRIMINAL STREET GANG MEMBERSHIP, AND
  A. PROCLAIMS TO BE A CRIMINAL STREET GANG MEMBER;
  B. IS IDENTIFIED AS A CRIMINAL STREET  GANG  MEMBER  BY  A  DOCUMENTED
RELIABLE WITNESS OR INFORMANT;
  C.  IS  IDENTIFIED  AS  A  CRIMINAL STREET GANG MEMBER BY A WITNESS OR
INFORMANT OF PREVIOUSLY UNTESTED RELIABILITY IF SUCH  IDENTIFICATION  IS
CORROBORATED BY INDEPENDENT INFORMATION;
  D. HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF IDENTIFIED CRIM-
INAL  STREET  GANG  MEMBERS  FOR OFFENSES THAT ARE CONSISTENT WITH USUAL
CRIMINAL STREET GANG ACTIVITY; OR
  E. IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY PHYSICAL EVIDENCE
SUCH AS PHOTOGRAPHS OR OTHER WRITTEN OR ELECTRONIC DOCUMENTATION.
  2. "CRIMINAL STREET GANG" SHALL MEAN AN  ONGOING  FORMAL  OR  INFORMAL
ASSOCIATION  OF  PERSONS  IN WHICH MEMBERS OR ASSOCIATES INDIVIDUALLY OR
COLLECTIVELY ENGAGE IN THE  COMMISSION,  ATTEMPTED  COMMISSION,  FACILI-
TATION,  SOLICITATION,  OR  CONSPIRE TO COMMIT ANY SPECIFIED OFFENSE AND
HAVE AT LEAST ONE INDIVIDUAL WHO IS A CRIMINAL STREET GANG MEMBER.
  3. "CRIMINAL STREET GANG RELATED OFFENSE"  SHALL  MEAN  ANY  SPECIFIED
OFFENSE, THAT IS COMMITTED FOR ANY OF THE FOLLOWING REASONS:
  A. FOR THE BENEFIT OF, AT THE DIRECTION OF, OR IN ASSOCIATION WITH ANY
CRIMINAL  STREET  GANG,  OR  IS  COMMITTED  WITH  THE INTENT TO PROMOTE,
FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY THE GANG;
  B. TO GAIN ADMISSION, PRESTIGE, OR PROMOTION WITHIN THE GANG;
  C. TO INCREASE OR MAINTAIN  THE  GANG'S  SIZE,  MEMBERSHIP,  PRESTIGE,
DOMINANCE, OR CONTROL IN A GEOGRAPHICAL AREA;
  D.  TO  EXACT REVENGE OR RETRIBUTION FOR THE GANG OR ANY MEMBER OF THE
GANG;
  E. TO OBSTRUCT  JUSTICE,  OR  INTIMIDATE,  OR  ELIMINATE  ANY  WITNESS
AGAINST THE GANG OR ANY MEMBER OF THE GANG;
  F.  TO DIRECTLY OR INDIRECTLY KNOWINGLY CAUSE ANY BENEFIT, AGGRANDIZE-
MENT, GAIN, PROFIT OR OTHER ADVANTAGE FOR A GANG, ITS REPUTATION, INFLU-
ENCE, OR MEMBERSHIP.
  4. "SPECIFIED OFFENSE" SHALL MEAN ANY OFFENSE DEFINED BY  ANY  OF  THE
FOLLOWING  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 OFFENSES), ONE HUNDRED SEVENTY
(FORGERY  AND  RELATED  OFFENSES),  ONE  HUNDRED SEVENTY-EIGHT (CRIMINAL
DIVERSION OF PRESCRIPTION MEDICATIONS AND  PRESCRIPTIONS),  TWO  HUNDRED
TWENTY-FIVE   (GAMBLING  OFFENSES),  TWO  HUNDRED  THIRTY  (PROSTITUTION

A. 7936                             5

OFFENSES), TWO HUNDRED THIRTY-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 RELATED TO FIREARMS), OR FOUR HUNDRED
SEVENTY (MONEY LAUNDERING).
S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
  A PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF  SUCH
PERSON  IS  A  CRIMINAL  STREET GANG MEMBER AND HAS KNOWLEDGE THAT OTHER
MEMBERS ENGAGE IN OR  HAVE  ENGAGED  IN  CRIMINAL  STREET  GANG  RELATED
OFFENSES.
  PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
S 495.03 PARTICIPATION IN A CRIMINAL STREET GANG RELATED OFFENSE.
  1.  A  PERSON  IS  GUILTY  OF  PARTICIPATION IN A CRIMINAL STREET GANG
RELATED OFFENSE  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 CRIMINAL STREET GANG  RELATED
OFFENSE.
  2. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN A CRIM-
INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECI-
FIED  OFFENSE  IS  A  MISDEMEANOR, CLASS C, D, OR E FELONY, THE CRIME OF
PARTICIPATION IN A CRIMINAL STREET GANG RELATED OFFENSE 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.
  3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED  OF  THE  CRIME  OF  PARTICIPATION  IN  A CRIMINAL STREET GANG
RELATED OFFENSE 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 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; OR
  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 A CRIM-
INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECI-
FIED  OFFENSE  IS  A  CLASS  A-1  FELONY,  THE  MINIMUM  PERIOD  OF  THE
INDETERMINATE SENTENCE SHALL NOT BE LESS THAN TWENTY YEARS OF  IMPRISON-
MENT. NOTWITHSTANDING ANY OTHER LAW, THE COURT MAY STRIKE THE ADDITIONAL
PUNISHMENT  FOR  THE  ENHANCEMENTS  PROVIDED IN SUBDIVISIONS TWO THROUGH
FIVE 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  BE  SERVED BY SUCH DISPOSITION.  NOTWITHSTANDING THE

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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  CONSIDERATION  THE  COMBINED  HOUSEHOLD
INCOME,  THE  NECESSARY  OBLIGATIONS  OF  THE  HOUSEHOLD,  THE NUMBER OF
PERSONS DEPENDENT ON THIS INCOME, AND WHETHER REDUCED  MONTHLY  PAYMENTS
WOULD OBVIATE THE NEED TO WAIVE LIABILITY FOR THE FULL COSTS.
  5. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN A CRIM-
INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS SECTION, AND THE SPEC-
IFIED  CRIME IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF
THIS CHAPTER, THE CRIME OF  PARTICIPATION  IN  A  CRIMINAL  STREET  GANG
RELATED OFFENSE SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
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  RELATED  OFFENSES,  OR
WITH THE INTENT THAT SUCH PERSON PROMOTE, FURTHER, CONDUCT, OR ASSIST IN
ANY  PATTERN  OF CRIMINAL STREET GANG RELATED OFFENSES 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 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 495.06 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 495.07 ABATEMENT OF PREMISES USED BY A CRIMINAL STREET GANG.
  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.
  2. ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO  SUBDI-
VISION  ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS OF

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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 495.08 PREEMPTION.
  NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
  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
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.

A. 7936                             8

  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 opening paragraph of section 15-b of the correction law,  is
designated  subdivision  1  and  a new subdivision 2 is added to read as
follows:
  2. THE COMMISSIONER OF EDUCATION SHALL BE  EMPOWERED  TO  DEVELOP  AND
IMPLEMENT  AN  EDUCATIONAL  PROGRAM,  TO  BE  KNOWN AS THE DEPARTMENT OF
CORRECTIONS GANG EDUCATION AND PREVENTION PROGRAM, WHEREBY  INMATES  CAN
RECEIVE INSTRUCTION CONCERNING THE IMPACT OF, AND RISKS ASSOCIATED WITH,
GANG  AFFILIATION AND RECEIVE SUPPORT SERVICES IN RELATION TO THE CESSA-
TION OF GANG MEMBERSHIP. THE COMMISSIONER SHALL BE EMPOWERED TO  PROMUL-
GATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THIS PROGRAM.
  S  11. 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
PREVENTION  IN-SERVICE  TRAINING  PROGRAMS. THE DEPARTMENT SHALL CONSULT
WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING GANG VIOLENCE.
  THE TERM "GANG VIOLENCE PREVENTION IN-SERVICE  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 DEVELOP-
ING THE POSITIVE VALUES, SELF-ESTEEM,  KNOWLEDGE,  AND  SKILLS  TO  LEAD
PRODUCTIVE, GANG-FREE, AND DRUG-FREE LIVES, INCLUDING THE DEVELOPMENT OF

A. 7936                             9

KNOWLEDGE  OF  THE CAUSES OF GANG VIOLENCE AND TRAINING REGARDING AVAIL-
ABLE INFORMATION AND RESOURCES CONCERNING GANG VIOLENCE.  IT SHALL  ALSO
INCLUDE  METHODS  THAT  WILL  HELP  EDUCATORS  INTERACT WITH AND EDUCATE
PARENTS OF AT-RISK YOUTH CONCERNING THE RISKS ASSOCIATED WITH, AND WARN-
ING SIGNS OF, GANG AFFILIATION.
  S  1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1. THE
DEPARTMENT, IN COLLABORATION  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE
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.

A. 7936                            10

  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
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 12. 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]  495.05, gang assault in the first degree as defined in section
[120.07] 495.06, 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-

A. 7936                            11

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 13. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.