Senate Bill S2458

                            
                    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.