S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5136
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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 eighteen and
 continuing, at least, until January first, two thousand twenty-three.
   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.
              

                                                            LBD08838-01-7

 A. 5136                             2
 
 federal  funds from the law enforcement assistance administration of the
 United States department of justice, and state and local funds, services
 and facilities.
   §  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.
   § 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.
   § 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.
   § 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.
   §  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.