S T A T E   O F   N E W   Y O R K
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                                  4488

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced by M. of A. RAMOS, SKARTADOS -- read once and referred to the
  Committee on Judiciary

AN  ACT  to  amend  the  judiciary law, in relation to establishing gang
  courts; and providing for the repeal of such provisions  upon  expira-
  tion thereof

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

  Section 1.  Findings. The legislature hereby finds and  declares  that
the  growth  of  criminal  gang  activities have created a public safety
crisis and social disorder in many communities across our state. To this
point, our system of justice has failed to successfully deter the spread
of this  criminality.  Whether  it  is  the  distribution  and  sale  of
controlled  substances,  street  crime,  gun  violence,  prostitution or
simply the climate of fear, intimidation, and disorder that  poison  our
neighborhoods,  many  afflicted  localities appear to be under siege. To
address this problem, the state should be flexible and  seek  integrated
ways  of  employing  the  resources of our judicial and criminal justice
system and other state and local entities.
  Based on the foregoing findings the legislature hereby  declares  that
the  New  York  unified  court system should be empowered to establish a
gang court  pilot  program  within  available  appropriations,  to  help
address  these broad based issues. The legislature contemplates that the
program authorized in this act may consist of two special  gang  courts,
one  in  the  county of Orange and one in the county of Suffolk, to hear
and determine gang related criminal cases, properly venued in compliance
with the criminal procedure law, from  within  each  respective  county,
commencing no later than January first, two thousand sixteen and contin-
uing, at least, until January first, two thousand twenty-one.
  The  legislature  declares  that  the  resources  necessary  for these
special gang parts of the courts of Orange  county  and  the  courts  of
Suffolk  county  can  be  made  available  only through a combination of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08290-01-5
              

A. 4488                             2

federal funds from the law enforcement assistance administration of  the
United States department of justice, and state and local funds, services
and facilities.
  S  2. The judiciary law is amended by adding a new article 5-C to read
as follows:
                               ARTICLE 5-C
                        GANG COURT PILOT PROGRAM
SECTION 178.   SPECIAL GANG PARTS; ESTABLISHMENT.
        178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS.
        178-B. PROCEDURE IN A SPECIAL GANG PART.
  S 178. SPECIAL GANG PARTS; ESTABLISHMENT. 1. THERE MAY BE  ESTABLISHED
IN  THE COURTS OF ORANGE COUNTY AND THE COURTS OF SUFFOLK COUNTY SPECIAL
GANG PARTS IN SUCH NUMBERS AND AT SUCH LOCATIONS AS SHALL BE  DESIGNATED
BY  THE  CHIEF  ADMINISTRATOR OF THE COURTS, BY ADMINISTRATIVE ORDER, TO
EFFECTUATE THE PURPOSES OF  THIS  ARTICLE  SUBJECT  TO  AVAILABILITY  OF
ADEQUATE  FUNDING  WITHIN MONEY APPROPRIATED WITHIN A GIVEN FISCAL YEAR.
SUCH PARTS SHALL HEAR AND DETERMINE GANG RELATED CRIMINAL CASES ASSIGNED
THERETO FROM ANY COURT WITHIN SUCH COUNTIES.
  2. THE CHIEF ADMINISTRATOR FOR THE COURTS, IN  CONSULTATION  WITH  ALL
APPROPRIATE  STATE  AND  COUNTY AGENCIES, MAY REQUEST THAT ALL CURRENTLY
AVAILABLE RESOURCES BE MADE AVAILABLE TO THE SPECIAL  GANG  COURT  PARTS
AND  AUTHORIZE THESE SPECIAL PARTS TO DEVELOP AND IMPLEMENT NEW PROGRAMS
AS DEEMED NECESSARY TO FURTHER THE ADMINISTRATION OF JUSTICE.
  FOR PURPOSES OF THIS ARTICLE, "CRIMINAL GANG" IS DEFINED AS A GROUP OF
THREE OR MORE PERSONS WHO,  THROUGH  THE  ORGANIZATION,  FORMATION,  AND
ESTABLISHMENT  OF  AN  ASSEMBLAGE,  SHARE  A  COMMON IDENTITY AND, WHOSE
MEMBERS, AS A CORE UNDERTAKING OF THEIR GROUP, ACTIVELY ENGAGE IN CRIMI-
NAL CONDUCT IN VIOLATION OF THE PENAL LAW.
  S 178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS. NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  UPON  OR  AFTER ARRAIGNMENT ON AN ACCUSATORY
INSTRUMENT CHARGING A CRIMINAL OFFENSE COMMITTED BY A MEMBER OF A CRIMI-
NAL GANG AS PART OF, OR IN THE COURSE OF  SUCH  ILLEGAL  ACTIVITIES  AND
CONDUCT  IN  WHICH SUCH GANG IS PURPORTEDLY ENGAGING FILED IN A CRIMINAL
COURT WITHIN ORANGE COUNTY OR WITHIN SUFFOLK COUNTY AND BEFORE ENTRY  OF
A PLEA OF GUILTY OR COMMENCEMENT OF TRIAL, SUCH COURT MAY ORDER THAT THE
ACCUSATORY  INSTRUMENT  AND ACTION BE ASSIGNED TO THE RESPECTIVE SPECIAL
GANG PART OF THE ORANGE COUNTY OR SUFFOLK COUNTY COURT SYSTEMS.
  S 178-B. PROCEDURE IN A SPECIAL GANG PART. THE TRIAL OF ANY ACCUSATORY
INSTRUMENT IN A SPECIAL GANG PART SHALL FOR ALL PURPOSES BE DEEMED TO BE
A TRIAL, LIKE ANY OTHER CRIMINAL PROCEEDING CONDUCTED IN  ORANGE  COUNTY
AND  SUFFOLK COUNTY RESPECTIVELY, IN WHICH THE ACCUSATORY INSTRUMENT WAS
FILED, BUT THE CHIEF ADMINISTRATOR OF THE COURTS MAY  PROMULGATE  RULES,
ORDERS  OR  REGULATIONS  TO  BE  APPLICABLE  TO  SUCH PARTS IN PLACE AND
INSTEAD OF THE RULES, ORDERS OR REGULATIONS APPLICABLE TO COURTS IN  THE
COUNTY  WHERE  THE  INDICTMENT  WAS FILED. THE CHIEF ADMINISTRATOR SHALL
PROVIDE BY RULE, ORDER OR REGULATION FOR AT LEAST THE FOLLOWING MATTERS:
THE PROCEDURE OF THE PART; ITS AUXILIARY  SERVICES;  THE  ASSIGNMENT  OF
JUDICIAL  PERSONNEL;  THE  APPOINTMENT  OF TERMS; AND TRANSMITTAL OF ALL
PAPERS IN THE ACTION, INCLUDING ALL UNDERTAKINGS FOR APPEARANCES OF  THE
DEFENDANT  AND  OF  THE  WITNESSES,  TO THE PART OF THE SUPREME COURT TO
WHICH THE ACTION HAS BEEN ASSIGNED CONSISTENT WITH THE  CRIMINAL  PROCE-
DURE LAW.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 5 years after such effective date.