senate Bill S4444A

2013-2014 Legislative Session

Enacts the New York state criminal street gang act

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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 09, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1113
Jun 02, 2014 reported and committed to rules
May 06, 2014 reported and committed to finance
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 21, 2013 referred to codes
Jun 20, 2013 delivered to assembly
passed senate
Jun 04, 2013 amended on third reading (t) 4444a
Apr 22, 2013 ordered to third reading cal.393
reported and committed to rules
Apr 01, 2013 referred to codes

Votes

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Jun 3, 2014 - Rules committee Vote

S4444A
18
5
committee
18
Aye
5
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 2, 2014 - Finance committee Vote

S4444A
27
6
committee
27
Aye
6
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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May 6, 2014 - Codes committee Vote

S4444A
12
3
committee
12
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Codes Committee Vote: May 6, 2014

aye wr (1)

Apr 22, 2013 - Codes committee Vote

S4444
9
1
committee
9
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 22, 2013 - Rules committee Vote

S4444
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4444 - Bill Details

See Assembly Version of this Bill:
A7983
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Title Y-2 Art 495 §§495.05 - 495.40, Pen L; amd §1349, CPLR; add §97-llll, St Fin L; add Art 25 §§1210 - 1213, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1742A
2009-2010: S2108, S7929

S4444 - Bill Texts

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Enacts the criminal street gang act; defines offenses; increases penalties; provides for gang prevention programs in schools; establishes the criminal street gang prevention fund; and develops a comprehensive approach to protecting public interests from gang related crime and violence.

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BILL NUMBER:S4444

TITLE OF BILL: 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, 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

PURPOSE: The purpose of this bill is to provide a comprehensive
statutory framework for the prevention of criminal street gang
activity.

SUMMARY OF PROVISIONS: The first six sections of this bill make
conforming changes to the Penal Law.

Section 7 adds a new Article 495 of the Penal Law, titled the Criminal
Street Gangs Enforcement and Protection Act. This Article sets forth
new penalties and sentencing enhancements for participation in
criminal gang activities. The crimes and penalties are described
below:

PARTICIPATION IN A CRIMINAL STREET GANG: Class "A" Misdemeanor for
participation in a criminal street gang with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity.

PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY: "E" Felony if a person
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 knowingly invests
proceeds derived from criminal street gang activity, or proceeds
derived from the investment or use of those proceeds, in an
enterprise.

SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG: "E" felony
if a person solicits or recruits another to actively participate in a
criminal street gang; or 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 uses physical violence to
coerce, induce, or solicit another person to participate in a criminal
street gang.

SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A, CRIMINAL
STREET GANG: "D" felony if a person 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 ON SCHOOL GROUNDS: "C" felony if the crime of solicitation
or recruitment of minors for participation in a criminal street gang
while on school grounds.

GANG ASSAULT IN FIRST AND SECOND DEGREES: This part of section 7 moves
the current definition of these crimes in Penal Law section 120.07 and


120.06, respectively, to the new Article 495 established by this bill.
Gang assault in the first and second degree are class "B" and "C"
felonies, respectively.

ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY: Allows a
property owner to seek an abatement or injunction, and allows such
owner or local prosecuting agency to recover damages, where a building
or place is used by members of a criminal street gang for the purpose
of engaging in a pattern of criminal gang activity, except that the
court cannot 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. Damages recovered by a district attorney or other
prosecuting agency shall be used for neighborhood improvement.

Additionally, section 7 provides enhanced sentencing provisions for
persons convicted of the crime of participation in criminal street
gang activity, depending on the status of the underlying specific
offenses. First, if a person is convicted of the crime of
participation in criminal gang activity, and at least one of the
specified offenses is a violent felony offense, the crime of
participation in criminal street gang activity shall also be deemed a
violent felony offense. Second, where the specified offense is a
misdemeanor or class "A", "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. Third, where the crime is a class "B" felony, the minimum
prison term would depend on which specific section of the Penal Law
the defendant is sentenced under, and would range from a minimum of
four years to life in prison. Fourth, if the specified offense is a
class "A-1" felony, the minimum sentence would be twenty years.
Finally, this section allows a presiding judge to strike these
additional punishments in the interests of justice.

Section 10 of the bill adds a new section 97-1111 to the State Finance
Law, establishing a criminal street gang prevention fund. The fund's
revenue would be supplied by appropriation by the Legislature, and
would be disbursed to support the criminal street gang and violence
partnership program to be established under section 1213 of the
Education Law (as provided in section 11 of this bill).

Section 11 adds a new Article 25 to the Education Law to create a gang
prevention education program in schools. This section requires the
Education Department to distribute to schools guidelines for
incorporating in-service training in gang violence for teachers,
counsels and other education personnel. This training shall consist of
the presentation of various programs designed to help educators
instill positive values in their students. An annual evaluation of the
education program established by this bill would be performed by the
Education.

Section 13 provides that this bill shall take effect on the first of
January next succeeding the date on which it shall have become law.

EXISTING LAW: Current law contains crimes for gang assault but no
comprehensive gang prevention program. The Organized Crime Control Act
of Title X of the Penal Law applies to different conduct than that
addressed by this bill.


JUSTIFICATION: 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
crimes committed by street gang are all too well-known by many New
Yorkers, and range from petty crimes to murder and sexual assault. The
damage done by criminal street gangs, however, cannot be measured
merely by the toll they take on the victims of such crimes. Rather,
the effects of criminal street gangs are far more insidious, and
poison entire communities.

It is in the public interest to establish a comprehensive approach to
the protection of protect public order and individual safety from
criminal street gangs and gang-related violence. This bill establishes
such a comprehensive approach by increasing penalties for gang-related
violence, creating anti-crime programs that focus on patterns of
criminal gang activity and organization, expanding education and
intervention to prevent the growth of criminal street gangs, and
establishing an ongoing system of tracking criminal gang activity.

LEGISLATIVE HISTORY: S.1742A of 2012 - Passed Senate S.7929 of 2010 -
Referred to Codes

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect January 1 of the year next
succeeding its enactment.

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

                                  4444

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01263-03-3

S. 4444                             2

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]
495.08  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. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is  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.
  S 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (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-

S. 4444                             3

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
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 5. Sections 120.06 and 120.07 of the penal law are REPEALED.
  S 6. 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 7. The penal law is amended by adding a new title  Y-2  to  read  as
follows:
                                 TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS

S. 4444                             4

                               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.
        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,

S. 4444                             5

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
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. 4444                             6

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.
  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 AT LEAST  ONE  OF
THE  SPECIFIED  OFFENSES  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

S. 4444                             7

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.
  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  8.  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

S. 4444                             8

pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
distributed as follows:
  S 9. 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.
  S 10. 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  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  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-

S. 4444                             9

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
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-

S. 4444                            10

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] 495.07, 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

S. 4444                            11

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.

Co-Sponsors

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S4444A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7983
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Title Y-2 Art 495 §§495.05 - 495.40, Pen L; amd §1349, CPLR; add §97-llll, St Fin L; add Art 25 §§1210 - 1213, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1742A
2009-2010: S2108, S7929

S4444A (ACTIVE) - Bill Texts

view summary

Enacts the criminal street gang act; defines offenses; increases penalties; provides for gang prevention programs in schools; establishes the criminal street gang prevention fund; and develops a comprehensive approach to protecting public interests from gang related crime and violence.

view sponsor memo
BILL NUMBER:S4444A

TITLE OF BILL: An act to amend the civil practice law and rules, the
penal law, the state finance law and the education law, in relation to
defining offenses involving criminal street gangs, creating the
criminal street gang prevention fund, and providing for gang
prevention services in schools

PURPOSE: To provide a comprehensive statutory framework for the
prosecution and prevention of criminal street gang activity.

SUMMARY OF PROVISIONS:

Section 1. Short title: the "New York State criminal street gang
enforcement and prevention act."

§ 2. Legislative findings and purpose.

§ 3. Forfeiture. Amends paragraph (g) of subdivision two of section
1349 of CPLR to apply similar 40% forfeiture provisions for property
seized under the new gang provisions as for chemical dependence, funds
to be deposited in the new criminal street gang prevention fund
created by this act and to be used for grants to schools for criminal
street gang prevention.

§ 4. Penalties & definitions. Creates Title Y-2 in the Penal Law,
Offenses Involving Criminal Street Gangs, and new Article 495, the
Criminal Street Gangs Enforcement And Prevention Act: Definitions (
495.05).

1. Criminal street gang - a street gang that engages in a pattern of
criminal street gang activity for its benefit or for the benefit of
one or more members. "Street gang" is an association in fact of two or
more individuals identified by a common name, sign, dress, symbols,
tattoos, or other mark or markings.

2. Participation in a Criminal Street Gang means a) committing an act
of criminal street gang activity to obtain, maintain or increase
position in a criminal street gang; b) committing any act of criminal
street gang activity at the direction of or with the knowledge of two
or more members of a criminal street gang; c) knowingly using the
assets of a criminal street gang in the commission of any act of
criminal street gang activity, d) knowing receipt of any proceeds or
benefits from the commission of any act of criminal street gang
activity.

3. Pattern of criminal street gang activity means the commission of
two or more discreet acts of criminal street gang activity within
three years, including the conspiracy to commit, solicit, attempt, or
aid and abet the commission of any act of criminal street gang
activity;

4. Criminal street gang activity includes the crimes that constitute
criminal street gang activity. Importantly, this definition does not
affect the application of the included criminal statutes, rather it
includes them in the kinds of activities deemed criminal street gang
activity. Regarding guns, and gun crimes, the crimes included are


criminal sale of a firearm in the third degree (265.11), second
(265.12), and first degree (265.13), as such statutes were in effect
prior to the passage of the SAFE Act.

Crimes

* New Class E felonies:

- § 495.10 Accepting the benefits or proceeds of criminal street gang
activity. Knowing accepting from a criminal street gang the benefits
or proceeds from criminal street gang activity, or of any substituted
asset obtained or converted.

- § 495.15 Participation in criminal street gang activity. Acting as a
member of a criminal street gang, a person knowingly promotes,
furthers, assists in, conducts, facilitates, or participates in
commission of criminal street gang activity, or knowingly receives the
benefits from such activity, or uses or invests the income, assets,
proceeds, or substitute proceeds, from criminal street gang activity
for the benefit of the criminal street gang.

- § 495.20 Solicitation for participation in a criminal street gang in
the third degree. Soliciting or recruiting a person or threatening
physical injury to participate in a criminal street gang.

* New Class D felonies

- § 495.25 Solicitation for participation in a criminal street gang in
the second degree. intending to cause and causing physical injury to
another person in order to coerce, induce, or solicit such person to
participate in a criminal street gang.

- § 495.30 Solicitation of minors for participation in a criminal
street gang. Soliciting a person less than 18 years old.

* New Class C felonies

- § 495.35 Solicitation of minors for participation in a criminal
street gang on school grounds. Soliciting minors per 495.30 on school
grounds.

§ 495.40 Sentencing. Enhanced sentencing provisions for persons
convicted of participation in criminal street gang activity, depending
on the status of the underlying specific offenses:

* If a person is convicted of participation in criminal gang activity,
and at least one of the criminal gang activities is a violent felony
offense, the crime of participation in criminal street gang activity
shall also be deemed a violent felony offense.

* Where the criminal street gang activity offense is a misdemeanor or
class "A", "D", or "E" felony, the crime of participation in criminal
street gang activity is deemed one category higher than the offense
the defendant committed.

* Where the crime is a class "B" felony, the minimum prison term will
depend on which section of the Penal Law the defendant is sentenced


under, and would range from a minimum of four years to a minimum of
twelve years in prison.

* Fourth, if the criminal street gang activity offense is a class
"A-1" felony, the minimum sentence would be twenty years.

§ 5. Criminal street gang prevention fund as section 97-1111 in state
finance law to receive appropriations, forfeitures, or other
transfers. After appropriation, the monies may be used to support the
criminal street gang and violence prevention partnership program,
created in the State Education Department by this act.

§ 6. Gang prevention programs. The education law is amended by adding
a new article 25 Gang Prevention. It includes creation of Model gang
violence curriculum, dress code concerning gang-related apparel, and
the criminal street gang and violence prevention partnership program.

§ 7. Severability.

EXISTING LAW: Current law contains crimes for gang assault but no
comprehensive gang prevention program. The Organized Crime Control Act
of Title X of the Penal Law applies to different conduct than that
addressed by this bill.

JUSTIFICATION: 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
crimes committed by street gang are all too well-known by many New
Yorkers, and range from petty crimes to murder and sexual assault. The
damage done by criminal street gangs, however, cannot be measured
merely by the toll they take on the victims of such crimes. Rather,
the effects of criminal street gangs are far more insidious, and
poison entire communities. It is in the public interest to establish a
comprehensive approach to the protection of protect public order and
individual safety from criminal street gangs and gang-related
violence. This bill establishes such a comprehensive approach by
increasing penalties for gang-related violence, creating anti-crime
programs that focus on patterns of criminal gang activity and
organization, expanding education and intervention to prevent the
growth of criminal street gangs, and establishing an ongoing system of
tracking criminal gang activity.

LEGISLATIVE HISTORY: S.1742A of 2012 - Passed Senate S.7929 of 2010 -
Referred to Codes

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect January 1 of the year next
succeeding its enactment.

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

                                 4444--A
    Cal. No. 393

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, ZELDIN, ADDABBO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee and committed to the  Committee
  on Rules -- ordered to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend  the civil practice law and rules, the penal law, the
  state finance law and the  education  law,  in  relation  to  defining
  offenses involving criminal street gangs, creating the criminal street
  gang  prevention  fund,  and providing for gang prevention services in
  schools

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

  Section  1.  This act shall be known and may be cited as the "New York
State criminal street gang act".
  S 2. Legislative findings and purpose. The  legislature  hereby  finds
that  preservation  of public order and improvement of individual safety
and security can be improved by a comprehensive, targeted, and  systemic
enhancement  of state laws applicable to criminal street gangs and their
activities in order to prevent the  growth  of  such  gangs,  facilitate
prosecution  and  punishment  of  their  members  for unlawful acts, and
punish those who solicit others to participate in such gangs and in acts
of gang-related violence and unlawfulness  or  who  provide  support  or
resources to those who commit or encourage the commission of such acts.
  The  legislature  therefore  declares  it  to be in every sense in the
public  interest  to  establish  the  comprehensive  approach   to   the
protection  of  public  order  and individual safety enacted by this act
that will enhance prosecution and punishment of the unlawful  activities
of  criminal  street  gangs, prevent their growth and ability to recruit
members, and  expand  effective  anti-gang  education  and  intervention
activities by the state and its localities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01263-05-3

S. 4444--A                          2

  S 3. Paragraph (g) of subdivision 2 of section 1349 of the civil prac-
tice  law  and  rules, as amended by chapter 398 of the laws of 2004, is
amended to read as follows:
  (g)  Forty percent of all moneys realized through forfeiture which are
remaining after distributions pursuant to paragraphs (a) through (f)  of
this  subdivision,  to  the chemical dependence service fund established
pursuant to section ninety-seven-w of the state finance law, EXCEPT THAT
IN THE CASE OF ANY SUCH MONIES  REALIZED  THROUGH  FORFEITURE  RESULTING
FROM  CONVICTIONS OBTAINED UNDER ARTICLE FOUR HUNDRED NINETY-FIVE OF THE
PENAL LAW, SUCH FORTY PERCENT SHALL BE PAID  INTO  THE  CRIMINAL  STREET
GANG  PREVENTION  FUND  ESTABLISHED  BY SECTION NINETY-SEVEN-LLLL OF THE
STATE FINANCE LAW;
  S 4. 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 495.05 DEFINITIONS.
        495.10 ACCEPTING  THE  BENEFITS  OR  PROCEEDS OF CRIMINAL STREET
                 GANG ACTIVITY.
        495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET  GANG
                 IN THE THIRD DEGREE.
        495.25 SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG
                 IN THE SECOND DEGREE.
        495.30 SOLICITATION OF MINORS FOR PARTICIPATION  IN  A  CRIMINAL
                 STREET GANG.
        495.35 SOLICITATION  OF  MINORS  FOR PARTICIPATION IN A CRIMINAL
                 STREET GANG ON SCHOOL GROUNDS.
        495.40 SENTENCING.
S 495.05 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
           MEAN AND INCLUDE:
  1. "CRIMINAL STREET GANG" MEANS  A  STREET  GANG  THAT  ENGAGES  IN  A
PATTERN  OF  CRIMINAL  STREET  GANG  ACTIVITY FOR ITS BENEFIT OR FOR THE
BENEFIT OF ONE OR MORE MEMBERS.  AS  USED  IN  THIS  ARTICLE,  THE  TERM
"STREET  GANG"  MEANS AND INCLUDES ANY FORMAL OR INFORMAL ASSOCIATION IN
FACT OF TWO OR MORE INDIVIDUALS  IDENTIFIED  BY  A  COMMON  NAME,  SIGN,
DRESS, SYMBOLS, TATTOOS, OR OTHER MARK OR MARKINGS.
  2.  "PARTICIPATION IN A CRIMINAL STREET GANG" MEANS (A) THE COMMISSION
OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY BY A PERSON FOR THE  PURPOSE
OF  OBTAINING,  MAINTAINING  OR  INCREASING  SUCH PERSON'S POSITION IN A
CRIMINAL STREET GANG, OR (B) THE  COMMISSION  OF  ANY  ACT  OF  CRIMINAL
STREET GANG ACTIVITY AT THE DIRECTION OF OR WITH THE KNOWLEDGE OF TWO OR
MORE  MEMBERS  OF  A  CRIMINAL  STREET  GANG, OR (C) KNOWINGLY USING THE
ASSETS OF A CRIMINAL STREET GANG IN THE COMMISSION OF ANY ACT OF  CRIMI-
NAL  STREET GANG ACTIVITY, OR (D) THE KNOWING RECEIPT OF ANY PROCEEDS OR
BENEFITS, DIRECTLY OR INDIRECTLY, FROM THE  COMMISSION  OF  ANY  ACT  OF
CRIMINAL  STREET GANG ACTIVITY, INCLUDING THE RECEIPT OF ANY SUBSTITUTED
ASSET OBTAINED OR CONVERTED FROM PROCEEDS OF SUCH ACT.
  3. "PATTERN OF CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION  OF
TWO OR MORE DISCREET ACTS OF CRIMINAL STREET GANG ACTIVITY, ONE OF WHICH
OCCURRED  AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND THE LAST OF WHICH
OCCURRED WITHIN THREE YEARS (EXCLUDING ANY PERIOD OF IMPRISONMENT) AFTER
THE COMMISSION OF A PRIOR ACT OF CRIMINAL STREET GANG ACTIVITY. AS  USED
IN  THIS  ARTICLE, "PATTERN OF CRIMINAL STREET GANG ACTIVITY" ALSO MEANS

S. 4444--A                          3

AND INCLUDES THE CONSPIRACY TO COMMIT, SOLICIT, ATTEMPT,  AID  AND  ABET
THE COMMISSION OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY;
  4.  "CRIMINAL  STREET GANG ACTIVITY" MEANS ANY FELONY CRIMINAL OFFENSE
DEFINED BY ANY OF THE FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:  SECTION
120.00  (ASSAULT  IN  THE  THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE
SECOND DEGREE); SECTION 120.06 (GANG  ASSAULT  IN  THE  SECOND  DEGREE);
SECTION  120.07  (GANG  ASSAULT  IN  THE  FIRST  DEGREE); SECTION 120.10
(ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
PERSON LESS THAN ELEVEN YEARS OLD);  SECTION  120.13  (MENACING  IN  THE
FIRST  DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION
120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20  (RECKLESS  ENDAN-
GERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN
THE FIRST DEGREE); SECTION 121.12 (STRANGULATION IN THE SECOND  DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE);  SECTION
125.27  (MURDER  IN  THE  FIRST  DEGREE);  SECTION 125.25 (MURDER IN THE
SECOND DEGREE); SECTION 120.45 (STALKING IN THE FOURTH DEGREE);  SECTION
120.50  (STALKING  IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN THE
SECOND DEGREE); SECTION 120.60 (STALKING IN THE FIRST DEGREE);  SUBDIVI-
SION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE
OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SUBDIVISION
ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH  (A)
OF  SUBDIVISION  ONE  OF  SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE
SECOND DEGREE); PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.70
(AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL
IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
MENT  IN  THE  FIRST  DEGREE);  SECTION 135.20 (KIDNAPPING IN THE SECOND
DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
(COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN  THE  FIRST
DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
140.15  (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMI-
NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30
(BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
(CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTIONS 210.10 AND 210.15
(PERJURY);  SECTIONS  215.00,  215.05,  215.11,  215.12, 215.13, 215.15,
215.16, 215.17, 215.19, (BRIBERY,  TAMPERING  WITH  A  JUROR);  SECTIONS
220.06,  220.09, 220.16, 220.18, 220.21, 220.28, 220.31, 220.34, 220.39,
220.41, 220.43,  220.44  (CONTROLLED  SUBSTANCE  SALE  AND  POSSESSION);
SECTIONS 240.06, 240.15, 240.31, 240.32, 240.46, 240.55, 240.60, 240.61,
240.62,  240.63,  240.71,  240.72,  240.73,  240.75  (RIOT  AND OFFENSES
AGAINST PUBLIC ORDER); SECTION 240.25 (HARASSMENT IN THE FIRST  DEGREE);
SUBDIVISION  ONE,  TWO, OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT
IN THE SECOND DEGREE); SECTION 242.15 (HARMING A SERVICE ANIMAL  IN  THE
FIRST  DEGREE);  SECTIONS  250.05,  250.45, 250.50, 250.60 (WIRETAPPING,

S. 4444--A                          4

UNLAWFUL SURVEILLANCE, AND  OFFENSES  AGAINST  THE  RIGHT  TO  PRIVACY),
SECTION  270.20  (UNLAWFUL  WEARING OF A BODY VEST); AND SECTIONS 270.30
AND 270.35 (UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE);  DRUG
TRAFFICKING  FELONY  AS  DEFINED  IN  SUBDIVISION  TWENTY-ONE OF SECTION
10.00; OR ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS
CHAPTER: SECTION  120.03,  120.04,  120.04-A,  120.05,  120.08,  120.09,
120.10,  120.11, 120.13, 120.18, 120.55, 120.60, 125.12, 125.13, 125.14,
125.15, 125.20, 125.21 125.22, 125.25, 125.26, 125.27,  135.65,  140.17,
140.20,  140.25, 140.30, 145.00, 145.05, 145.10, 145.12, 145.60, 145.65,
190.25,  190.26,  190.78,  190.79,  190.80,  190.80-A,  200.00,  200.02,
200.03,  205.60, 205.65, 220.15, 230.19, 230.20, 230.25, 230.32, 230.33,
OR 230.34; 265.11, 265.12, OR 235.13, AS SUCH PROVISIONS WERE IN  EFFECT
PRIOR  TO THE ENACTMENT OF CHAPTER ONE OF THE LAWS OF TWO THOUSAND THIR-
TEEN; ARTICLE ONE HUNDRED FIFTY-FIVE, ONE  HUNDRED  SIXTY,  TWO  HUNDRED
TEN,  FOUR  HUNDRED  SEVENTY,  FOUR  HUNDRED EIGHTY-FIVE OR FOUR HUNDRED
NINETY; OR ANY FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, ONE
HUNDRED THIRTY-FIVE, ONE HUNDRED  FIFTY,  ONE  HUNDRED  SIXTY-FIVE,  TWO
HUNDRED  FIFTEEN,  TWO  HUNDRED  FORTY, TWO HUNDRED FIFTY OR TWO HUNDRED
SIXTY-THREE; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
S 495.10 ACCEPTING THE BENEFITS OR  PROCEEDS  OF  CRIMINAL  STREET  GANG
           ACTIVITY.
  A  PERSON  IS GUILTY OF ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL
STREET GANG ACTIVITY WHEN SUCH PERSON KNOWINGLY ACCEPTS FROM A  CRIMINAL
STREET  GANG  THE  BENEFITS  OR  PROCEEDS DERIVED FROM THE COMMISSION OF
CRIMINAL STREET GANG ACTIVITY, OR OF ANY SUBSTITUTED ASSET  OBTAINED  OR
CONVERTED FROM PROCEEDS OR BENEFITS DERIVED FROM SUCH ACT.
  ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL STREET GANG ACTIVITY IS
A CLASS E FELONY.
S 495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
WHEN, ACTING AS A MEMBER OF A CRIMINAL STREET GANG, SUCH PERSON KNOWING-
LY PROMOTES, FURTHERS, ASSISTS IN,  CONDUCTS,  FACILITATES,  OR  PARTIC-
IPATES  IN THE COMMISSION OF CRIMINAL STREET GANG ACTIVITY, OR KNOWINGLY
RECEIVES THE BENEFITS FROM CRIMINAL STREET GANG  ACTIVITY,  OR  USES  OR
INVESTS THE INCOME, ASSETS, PROCEEDS, OR SUBSTITUTE PROCEEDS, FROM CRIM-
INAL STREET GANG ACTIVITY FOR THE BENEFIT OF THE CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
           THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG IN THE THIRD DEGREE IF  SUCH  PERSON  SOLICITS  OR  RECRUITS
ANOTHER  TO PARTICIPATE IN A CRIMINAL STREET GANG, OR THREATENS A PERSON
WITH PHYSICAL INJURY WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT  SUCH
PERSON OR ANOTHER TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE THIRD
DEGREE IS A CLASS E FELONY.
S 495.25 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
STREET  GANG  IN  THE  SECOND DEGREE WHEN, WITH INTENT TO CAUSE PHYSICAL
INJURY TO ANOTHER PERSON, SUCH PERSON CAUSES PHYSICAL INJURY TO  ANOTHER
PERSON IN ORDER TO COERCE, INDUCE, OR SOLICIT SUCH PERSON TO PARTICIPATE
IN A CRIMINAL STREET GANG.
  SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE SECOND
DEGREE IS A CLASS D FELONY.

S. 4444--A                          5

S 495.30 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
           GANG.
  A  PERSON  IS  GUILTY OF SOLICITATION OF MINORS FOR PARTICIPATION IN A
CRIMINAL STREET GANG WHEN HE OR SHE COMMITS, FACILITATES,  OR  CONSPIRES
TO  COMMIT  THE  CRIME  OF  SOLICITATION FOR PARTICIPATION IN A CRIMINAL
STREET GANG AND THE PERSON SOLICITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  IS
A CLASS D FELONY.
S 495.35 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
           GANG ON SCHOOL GROUNDS.
  A PERSON IS GUILTY OF SOLICITATION OF MINORS FOR  PARTICIPATION  IN  A
CRIMINAL  STREET  GANG ON SCHOOL GROUNDS WHEN HE OR SHE COMMITS, FACILI-
TATES, OR CONSPIRES TO COMMIT THE CRIME OF SOLICITATION  OF  MINORS  FOR
PARTICIPATION  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 OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  ON
SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.40 SENTENCING.
  1.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE, AND ONE  OR  MORE  OF
THE CRIMINAL STREET GANG ACTIVITIES CONSTITUTING SUCH PARTICIPATION 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 CRIMINAL
STREET GANG ACTIVITY 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 CRIMINAL  STREET  GANG  ACTIVITY  THE
DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT CRIMINAL STREET GANG ACTIVITY, WHICHEVER IS APPLICABLE.
  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 UNDERLYING CRIMINAL STREET GANG ACTIV-
ITY OR PATTERN OF CRIMINAL STREET GANG ACTIVITY 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 CRIMINAL

S. 4444--A                          6

STREET GANG ACTIVITY IS A CLASS A-1 FELONY, THE MINIMUM  PERIOD  OF  THE
INDETERMINATE  SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISON-
MENT.
  S  5. 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 CRIMINAL STREET GANG PREVENTION FUND SHALL  CONSIST  OF  MONEYS
APPROPRIATED  THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
AND MONEYS DEPOSITED THEREIN PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
THIRTEEN  HUNDRED  FORTY-NINE OF THE CIVIL PRACTICE LAW AND RULES OR ANY
OTHER SECTION OF LAW.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED TO SUPPORT THE CRIMINAL STREET GANG AND VIOLENCE  PREVENTION
PARTNERSHIP PROGRAM ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED THIR-
TEEN  OF  THE  EDUCATION LAW. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON
THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED  OR
APPROVED  BY THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, IN COLLAB-
ORATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S 6. 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. 1.  THE DEPARTMENT, AFTER  CONSULTATION  WITH
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  REGARDING GANG VIOLENCE,
SHALL:
  (A) PREPARE AND DISTRIBUTE TO  SCHOOLS  GUIDELINES  FOR  INCORPORATING
IN-SERVICE  TRAINING  IN  GANG VIOLENCE INTO STAFF DEVELOPMENT PLANS FOR
TEACHERS, COUNSELORS, ATHLETIC  DIRECTORS,  SCHOOL  BOARD  MEMBERS,  AND
OTHER  EDUCATIONAL PERSONNEL, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL
IN DEVELOPING COMPREHENSIVE GANG VIOLENCE IN-SERVICE TRAINING  PROGRAMS.
TO  THE  MAXIMUM  EXTENT  POSSIBLE SUCH INFORMATION AND GUIDELINES 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
GANG VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY AND CITY  LAW  ENFORCE-
MENT  AGENCIES,  AND  OTHER  PUBLIC  AND PRIVATE AGENCIES PROVIDING GANG
VIOLENCE PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL; AND
  (B) ASSIST SCHOOLS SEEKING TO QUALIFY FOR RECEIPT OF FEDERAL AND STATE
FUNDS TO SUPPORT GANG VIOLENCE AND DRUG  AND  ALCOHOL  ABUSE  PREVENTION
IN-SERVICE TRAINING PROGRAMS.
  2.  THE  TERM  "GANG  VIOLENCE  AND  DRUG AND ALCOHOL ABUSE 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
AND THEIR PARENTS TO ASSIST THEM  IN  DEVELOPING  THE  POSITIVE  VALUES,
SELF-ESTEEM,  KNOWLEDGE,  AND  SKILLS TO LEAD PRODUCTIVE, GANG-FREE, AND
DRUG-FREE LIVES, INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES OF

S. 4444--A                          7

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
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.
  S   1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY  OTHER
PROVISION OF ANY OTHER LAW TO THE  CONTRARY  NOTWITHSTANDING,  FOLLOWING
PROCEDURES  ESTABLISHED  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, THE BOARD OF EDUCATION OR  THE  TRUSTEES,  AS  DEFINED  IN
SECTION  TWO OF THIS CHAPTER, OF EVERY SCHOOL DISTRICT WITHIN THE STATE,
HOWEVER CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
COUNTY VOCATIONAL EXTENSION BOARD MAY ADOPT  OR  RESCIND  A  DRESS  CODE
POLICY  THAT  REQUIRES PUPILS TO WEAR A SCHOOL-WIDE UNIFORM OR PROHIBITS
PUPILS FROM WEARING "GANG-RELATED APPAREL".
  S 1213. CRIMINAL  STREET  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP
PROGRAM. 1. THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIMI-
NAL  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
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.

S. 4444--A                          8

  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.
  4.  THE  COMMISSIONER  SHALL  ADDITIONALLY BE EMPOWERED TO DEVELOP AND
IMPLEMENT AN  EDUCATIONAL  PROGRAM,  COORDINATED  WITH  THE  EDUCATIONAL
PROGRAM  AUTHORIZED PURSUANT TO SECTION FIFTEEN-B OF THE CORRECTION LAW,
WHICH SHALL 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 CESSATION OF  GANG  MEMBERSHIP.  THE
COMMISSIONER  SHALL  BE  EMPOWERED  TO  PROMULGATE RULES AND REGULATIONS
NECESSARY TO EFFECTUATE THIS PROGRAM. THE PROGRAM SHALL BE  FUNDED  FROM
THE  CRIMINAL  STREET  GANG  PREVENTION FUND OR FROM ANY OTHER APPROPRI-
ATIONS MADE OR FUNDS OTHERWISE MADE AVAILABLE TO SUCH PROGRAM.
  S 7. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  such  judgment  shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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