|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2014||referred to codes|
delivered to assembly
|Jun 11, 2014||ordered to third reading cal.1314|
committee discharged and committed to rules
|Jan 08, 2014||referred to codes|
returned to senate
died in assembly
|Apr 24, 2013||referred to codes|
|Apr 23, 2013||delivered to assembly|
|Apr 22, 2013||ordered to third reading cal.389|
reported and committed to rules
|Jan 17, 2013||referred to codes|
senate Bill S2458
Establishes the class D felony of criminal street gang recruitment on school grounds
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (14)
Jun 12, 2014 - floor VoteS2458498floor49Aye8Nay0Absent4Excused0Abstained
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Floor Vote: Jun 12, 2014aye (49)
Jun 11, 2014 - Rules committee VoteS2458183committee18Aye3Nay2Aye with Reservations0Absent2Excused0Abstained
Apr 23, 2013 - floor VoteS2458548floor54Aye8Nay0Absent1Excused0Abstained
show floor vote details
Floor Vote: Apr 23, 2013aye (54)
Apr 22, 2013 - Rules committee VoteS2458202committee20Aye2Nay2Aye with Reservations0Absent1Excused0Abstained
Apr 22, 2013 - Codes committee VoteS2458111committee11Aye1Nay3Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S2458 - Bill Details
S2458 - Bill Texts
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.
view sponsor memo
TITLE OF BILL: 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
PURPOSE: Establishes the class D felony of criminal street gang
recruitment on school grounds.
SUMMARY OF PROVISIONS:
Section one amends section 460.10 of the penal law by adding four new
subdivisions, 5, 6, 7 and 8 by defining a criminal street gang, a
criminal street gang member, criminal street gang activity, and school
Section two amends the penal law by adding section 460.65 which makes
criminal street gang recruitment a class El felony.
Section three amends the highway law by adding a new section 318 to
permit the placement of gang free school zone signs.
Section four mandates that this act shall take effect on the sixtieth
day after it shall have become a law.
JUSTIFICATION: The need to address the rising criminal activity that
has been attributed to street gangs has become evident. Although
reports concerning the level of gang activity in New York are
conflicting, no one can deny that gang violence has become a reality
in New York.
It is necessary that legislation be passed in order to help combat its
proliferation, especially in schools. Schools are supposed to be safe
havens from street violence, but that is not always the case. Gang
activity on city streets can make its way into schools, putting
students and staff at risk. This legislation seeks to provide a safe
haven for juveniles by making it more difficult for gang leaders to
actively recruit and solicit juveniles in and around schools. At the
same time it holds individuals accountable who sanction gang related
activity on their property.
The growth of gangs throughout urban and suburban communities and
increasing gang violence and activities in and around school grounds
can be countered through the creation of Gang Free School Zones. Gang
violence is a growing epidemic that needs to stop. By attacking gang
activity with tougher legislation directed towards our educational
system, gang activity and recruitment will become much more difficult
in schools and gang members will face tougher penalties.
LEGISLATIVE HISTORY: 2012: S.2940 - Passed Senate 2011: S.2940 -
Referred to codes 2010: S.483 - Referred to Codes/A.4578 - Referred to
Codes 2009: S.483 - Referred to Codes/A.4578 - Referred to Codes 2008:
S.4381 - Passed Senate/A.8155 - Referred to Codes 2007: S.4381 -
Passed Senate/A.8155 - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law,
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S T A T E O F N E W Y O R K ________________________________________________________________________ 2458 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ 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. LBD05447-01-3 S. 2458 2 (G) HAS BEEN IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY OTHER LAW ENFORCEMENT AGENCIES; OR (H) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A FAMILY MEMBER. 7. "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OR ATTEMPTED COMMISSION OF, OR SOLICITATION OR CONSPIRACY TO COMMIT, TWO OR MORE CRIMINAL ACTS THAT: (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD; (B) ARE NEITHER ISOLATED INCIDENTS, NOR SO CLOSELY RELATED AND CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS TO CONSTI- TUTE A CRIMINAL OFFENSE OR CRIMINAL TRANSACTION, AS SUCH TERMS ARE DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND (C) FURTHER A CRIMINAL STREET GANG BY: (I) BEING RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) WERE COMMITTED, SOLIC- ITED, REQUESTED, IMPORTUNED OR INTENTIONALLY AIDED BY PERSONS ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH CRIMINAL ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL STREET GANG. 8. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC- TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI- AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSE OF THIS SUBDIVISION, AN "ACCESSIBLE AREA TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS. S 2. The penal law is amended by adding a new section 460.65 to read as follows: S 460.65 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS. A PERSON IS GUILTY OF CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS WHEN, ON SCHOOL GROUNDS, HE OR SHE COERCES, SOLICITS, RECRUITS OR INDUCES ANOTHER PERSON TO JOIN OR REMAIN A MEMBER OF A CRIMINAL STREET GANG, OR CONSPIRES TO DO SO. CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IS A CLASS D FELO- NY. S 3. The highway law is amended by adding a new section 318 to read as follows: S 318. GANG FREE SCHOOL ZONE SIGNS. ANY POLITICAL SUBDIVISION OF THE STATE HAVING JURISDICTION OVER ANY HIGHWAY WITHIN SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION EIGHT OF SECTION 460.10 OF THE PENAL LAW, MAY, UPON THE REQUEST OF THE APPROPRIATE SCHOOL AUTHORITY, PLACE, CAUSE TO BE PLACED OR PERMIT TO BE PLACED WITHIN THE RIGHT-OF-WAY OF SUCH HIGHWAY SUCH SIGNS INDICATING A GANG FREE SCHOOL ZONE. S 4. This act shall take effect on the sixtieth day after it shall have become a law.
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