LBD11250-01-7
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INDIVIDUALLY AND COLLECTIVELY, PRESENT A CLEAR AND PRESENT DANGER TO
PUBLIC ORDER AND SAFETY.
3. GANGS HAVE EXPANDED FROM NEW YORK CITY AND OTHER STATES ONTO LONG
ISLAND. FURTHERMORE, ALL OF THE NATIONALLY KNOWN GANGS NOW EXIST
THROUGHOUT NEW YORK. WHILE GANG MEMBERSHIP REMAINS CONCENTRATED PRIMA-
RILY IN LOW-INCOME COMMUNITIES, GANGS HAVE SURFACED IN MANY OTHER AREAS,
BECOMING MORE RACIALLY AND ETHNICALLY DIVERSE.
4. THE ENACTMENT OF THIS ARTICLE SEEKS TO ERADICATE CRIMINAL ACTIVITY
BY STREET GANGS BY FOCUSING UPON PATTERNS OF CRIMINAL GANG ACTIVITY, THE
CHIEF SOURCE OF VIOLENCE CREATED BY STREET GANGS.
5. FURTHER, THAT AN EFFECTIVE MEANS OF PUNISHING AND DETERRING THE
CRIMINAL ACTIVITIES OF STREET GANGS IS THROUGH FORFEITURE OF THE
PROFITS, PROCEEDS, AND INSTRUMENTALITIES ACQUIRED, ACCUMULATED, OR USED
BY STREET GANGS. THESE PROCEEDS IN TURN, WILL PROVIDE A FUNDING STREAM
TO IMPLEMENT PROACTIVE MEASURES SUCH AS AFTER-SCHOOL PROGRAMS TO PREVENT
YOUTHS FROM BECOMING GANG MEMBERS.
§ 465.05 DEFINITIONS.
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE.
1. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION OF ONE OR MORE CRIMINAL
ACTS, HAVING A COMMON NAME OR COMMON IDENTIFYING SIGN OR SYMBOL, AND
WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN
A PATTERN OF CRIMINAL GANG ACTIVITY.
IN ORDER TO SECURE A CONVICTION, OR A DELINQUENT ACT, IT IS NOT NECES-
SARY FOR THE PROSECUTION TO PROVE THAT THE PERSON DEVOTES ALL OR A
SUBSTANTIAL PART OF HIS OR HER TIME OR EFFORTS TO THE CRIMINAL STREET
GANG, NOR IS IT NECESSARY TO PROVE THAT THE PERSON IS A MEMBER OF THE
CRIMINAL STREET GANG. ACTIVE PARTICIPATION IN THE CRIMINAL STREET GANG
IS ALL THAT IS REQUIRED.
2. "PATTERN OF CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OF,
ATTEMPTED COMMISSION OF, CONSPIRACY TO COMMIT, OR SOLICITATION OF, A
DELINQUENT ACT, OR CONVICTION OF TWO OR MORE ENUMERATED CRIMINAL ACTS,
PROVIDED AT LEAST ONE OF THESE CRIMINAL ACTS OCCURRED AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE AND THE LAST OF THOSE CRIMINAL ACTS OCCURRED
WITHIN THREE YEARS AFTER A PRIOR OFFENSE, AND THE CRIMINAL ACTS WERE
COMMITTED ON SEPARATE OCCASIONS, OR BY TWO OR MORE PERSONS.
3. "CRIMINAL ACT" MEANS CONDUCT CONSTITUTING ANY OF THE FOLLOWING
CRIMES, OR CONSPIRACY OR ATTEMPT TO COMMIT ANY OF THE FOLLOWING FELO-
NIES:
ANY OF THE FELONIES SET FORTH IN THIS CHAPTER: SECTIONS 120.05, 120.10
AND 120.11 RELATING TO ASSAULT; SECTIONS 125.10 TO 125.27 RELATING TO
HOMICIDE; SECTIONS 130.25, 130.30 AND 130.35 RELATING TO RAPE; SECTIONS
135.20 AND 135.25 RELATING TO KIDNAPPING; SECTION 135.65 RELATING TO
COERCION; SECTIONS 140.20, 140.25 AND 140.30 RELATING TO BURGLARY;
SECTIONS 145.05, 145.10 AND 145.12 RELATING TO CRIMINAL MISCHIEF; ARTI-
CLE ONE HUNDRED FIFTY RELATING TO ARSON; SECTIONS 155.30, 155.35, 155.40
AND 155.42 RELATING TO GRAND LARCENY; ARTICLE ONE HUNDRED SIXTY RELATING
TO ROBBERY; SECTIONS 165.45, 165.50, 165.52 AND 165.54 RELATING TO CRIM-
INAL POSSESSION OF STOLEN PROPERTY; SECTIONS 170.10, 170.15, 170.25,
170.30, 170.40, 170.65 AND 170.70 RELATING TO FORGERY; SECTIONS 175.10,
175.25, 175.35, 175.40 AND 210.40 RELATING TO FALSE STATEMENTS; SECTIONS
176.15, 176.20, 176.25 AND 176.30 RELATING TO INSURANCE FRAUD; SECTIONS
178.20 AND 178.25 RELATING TO CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
TIONS AND PRESCRIPTIONS; SECTIONS 180.03, 180.08, 180.15, 180.25,
180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
A. 7608 3
200.22, 200.25, 200.27, 215.00, 215.05 AND 215.19 RELATING TO BRIBERY;
SECTIONS 190.40 AND 190.42 RELATING TO CRIMINAL USURY; SECTION 190.65
RELATING TO SCHEMES TO DEFRAUD; SECTIONS 205.60 AND 205.65 RELATING TO
HINDERING PROSECUTION; SECTIONS 210.10, 210.15, AND 215.51 RELATING TO
PERJURY AND CONTEMPT; SECTION 215.40 RELATING TO TAMPERING WITH PHYSICAL
EVIDENCE; SECTIONS 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55 AND 220.60 RELATING TO
CONTROLLED SUBSTANCES; SECTIONS 225.10 AND 225.20 RELATING TO GAMBLING;
SECTIONS 230.25, 230.30, AND 230.32 RELATING TO PROMOTING PROSTITUTION;
SECTIONS 235.06, 235.07 AND 235.21 RELATING TO OBSCENITY; SECTION 263.10
RELATING TO PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD; SECTIONS
265.02, 265.03, 265.04, 265.11, 265.12, 265.13 AND THE PROVISIONS OF
SECTION 265.10 WHICH CONSTITUTE A FELONY RELATING TO FIREARMS AND OTHER
DANGEROUS WEAPONS; AND SECTIONS 265.14 AND 265.16 RELATING TO CRIMINAL
SALE OF A FIREARM; AND SECTION 275.10, 275.20, 275.30, OR 275.40 RELAT-
ING TO UNAUTHORIZED RECORDINGS; AND SECTIONS 470.05, 470.10, 470.15 AND
470.20 RELATING TO MONEY LAUNDERING.
§ 465.10 CRIMINAL STREET GANG ACTIVITY; ENHANCED PENALTIES.
1. UPON A FINDING BY THE TRIER OF FACT THAT A DEFENDANT IS A MEMBER OF
A CRIMINAL STREET GANG, OR THAT A DEFENDANT, IN THE COURSE OF THE
COMMISSION OF THE UNDERLYING OFFENSE, ACTIVELY PARTICIPATED IN A CRIMI-
NAL STREET GANG, THE PENALTY FOR ANY FELONY OR MISDEMEANOR, OR ANY
DELINQUENT ACT OR VIOLATION OF LAW WHICH WOULD BE A FELONY OR MISDEMEA-
NOR IF COMMITTED BY AN ADULT, SHALL BE ENHANCED IF THE DEFENDANT WAS A
MEMBER OF A CRIMINAL STREET GANG AT THE TIME OF THE COMMISSION OF SUCH
OFFENSE AND THE COURT DETERMINES THAT THE OFFENSE WAS COMMITTED WITH THE
INTENT TO FURTHER SUCH CRIMINAL STREET GANG. SUCH FINDING SHALL BE BASED
UPON PROOF BEYOND A REASONABLE DOUBT.
2. SUCH ENHANCEMENT SHALL BE AS FOLLOWS:
(A) A CLASS A MISDEMEANOR SHALL BE DEEMED TO BE AND BE PUNISHED AS IF
IT WERE A CLASS E FELONY;
(B) A CLASS E FELONY SHALL BE DEEMED TO BE AND BE PUNISHED AS IF IT
WERE A CLASS D FELONY;
(C) A CLASS D FELONY SHALL BE DEEMED TO BE AND BE PUNISHED AS IF IT
WERE A CLASS C FELONY;
(D) A CLASS C FELONY SHALL BE DEEMED TO BE AND BE PUNISHED AS IF IT
WERE A CLASS B FELONY; AND
(E) A CLASS B FELONY SHALL BE DEEMED TO BE AND BE PUNISHED AS IF IT
WERE A CLASS A-II FELONY.
§ 465.15 GANG SOLICITATION, RECRUITMENT OR RETENTION.
A PERSON IS GUILTY OF GANG SOLICITATION, RECRUITMENT OR RETENTION WHEN
HE OR SHE:
1. INTENTIONALLY COERCES, SOLICITS, RECRUITS, EMPLOYS, CAUSES, ENCOUR-
AGES, OR CONSPIRES TO CAUSE ANOTHER PERSON TO BE OR REMAIN AS A MEMBER
OF A CRIMINAL STREET GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR
CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES;
OR
2. INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
TUTING A THREAT TO PERSON OR PROPERTY OR TO ANY ASSOCIATE OR RELATIVE OF
THE PERSON BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIM-
INAL STREET GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED
MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES.
GANG SOLICITATION, RECRUITMENT OR RETENTION IS A CLASS E FELONY.
§ 465.20 GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS.
A PERSON IS GUILTY OF GANG SOLICITATION, RECRUITMENT OR RETENTION OF
MINORS WHEN HE OR SHE:
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1. INTENTIONALLY COERCES, SOLICITS, RECRUITS, EMPLOYS, CAUSES, ENCOUR-
AGES, OR CONSPIRES TO CAUSE ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE
TO BE OR REMAIN AS A MEMBER OF A CRIMINAL STREET GANG THAT REQUIRES AS A
CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR
PARTICIPATION IN GANG CRIMES; OR
2. INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
TUTING A THREAT TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO PROPERTY, OR
TO ANY ASSOCIATE OR RELATIVE OF A MINOR BEING SOLICITED, RECRUITED OR
RETAINED AS A MEMBER OF A CRIMINAL STREET GANG THAT REQUIRES AS A CONDI-
TION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTIC-
IPATION IN GANG CRIMES.
GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS IS A CLASS D
FELONY.
§ 465.25 GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS ON SCHOOL
GROUNDS.
A PERSON IS GUILTY OF GANG SOLICITATION, RECRUITMENT OR RETENTION OF
MINORS ON SCHOOL GROUNDS WHEN HE OR SHE:
1. WHILE ON SCHOOL GROUNDS, INTENTIONALLY COERCES, SOLICITS, RECRUITS,
EMPLOYS, CAUSES, ENCOURAGES, OR CONSPIRES TO CAUSE ANOTHER PERSON UNDER
EIGHTEEN YEARS OF AGE TO BE OR REMAIN AS A MEMBER OF A CRIMINAL STREET
GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP
THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES; OR
2. WHILE ON SCHOOL GROUNDS, INTENTIONALLY MAKES ANY COMMUNICATION,
DIRECT OR INDIRECT, CONSTITUTING A THREAT TO A PERSON UNDER EIGHTEEN
YEARS OF AGE, TO PROPERTY, OR TO ANY ASSOCIATE OR RELATIVE OF THE MINOR
BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIMINAL STREET
GANG THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP
THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES. FOR THE PURPOSES OF
THIS SECTION, "SCHOOL GROUNDS" SHALL BE DEFINED AS PROVIDED FOR IN
SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER.
GANG SOLICITATION, RECRUITMENT OR RETENTION OF MINORS ON SCHOOL
GROUNDS IS A CLASS C FELONY.
§ 465.30 STATEWIDE GANG DATABASE.
1. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE IS HEREBY
AUTHORIZED TO DEVELOP AND MAINTAIN A STATEWIDE GANG DATABASE CONSISTING
OR IDENTIFICATION INFORMATION PERTAINING TO GANG MEMBERS. FOR THE
PURPOSE OF THIS SECTION, "GANG MEMBER" OR "CRIMINAL STREET GANG MEMBER"
SHALL MEAN AN INDIVIDUAL WHO IS A MEMBER OF A FORMAL OR INFORMAL GROUP,
CLUB, ORGANIZATION, OR ASSOCIATION OF THREE OR MORE INDIVIDUALS WHO
PARTICIPATE, OR AGREE TO PARTICIPATE, IN CRIMINAL ACTIVITY.
2. IN DEVELOPING AND MAINTAINING THE STATEWIDE GANG DATABASE ESTAB-
LISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE SHALL:
(A) CREATE A UNIFORM REPORTING FORMAT FOR THE ENTRY OF PERTINENT
INFORMATION REGARDING THE REPORT OF AN ARRESTED CRIMINAL STREET GANG
MEMBER OR ORGANIZED GANG AFFILIATES INTO THE STATEWIDE GANG DATABASE;
(B) NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS
OR ARRESTED CRIMINAL STREET GANG MEMBERS OR ORGANIZED GANG AFFILIATES
SHALL BE ENTERED INTO THE STATEWIDE GANG DATABASE AS SOON AS THE MINIMUM
LEVEL OF DATA, TO BE SPECIFIED BY SUCH SUPERINTENDENT, IS AVAILABLE TO
THE REPORTING AGENCY;
(C) DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND LOCAL LAW
ENFORCEMENT AGENCIES OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET
GANGS, OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION, SIGN OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG;
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(D) COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES, IN A MANNER THAT ALLOWS THE
INFORMATION TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES, AS DEEMED APPROPRIATE BY THE SUPERINTENDENT OF THE
DIVISION OF STATE POLICE, FOR INVESTIGATIVE PURPOSES;
(E) COMPILE AND MAINTAIN A HISTORY DATA REPOSITORY RELATING TO ORGAN-
IZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN ORDER TO
DEVELOP AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT AGENCIES AND
PROSECUTORS IN THE INVESTIGATION, APPREHENSION, AND PROSECUTION OF
MEMBERS AND AFFILIATES OF ORGANIZED GANGS;
(F) CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN-
IZED CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED GANG AFFILIATION
DATA, TIMELINESS AND ACCURACY OF INFORMATION ENTERED INTO THE STATEWIDE
GANG DATABASE AND PERFORMANCE AUDITS OF ALL AGENCIES ENTERING INFORMA-
TION;
(G) DETERMINE WHICH LAW ENFORCEMENT AGENCIES MAY BENEFIT FROM ACCESS
TO THE STATEWIDE GANG DATABASE, AND NOTIFY THEM OF ITS EXISTENCE; AND
(H) COOPERATE WITH ALL LAW ENFORCEMENT AGENCIES WISHING TO GAIN ACCESS
TO THE STATEWIDE GANG DATABASE, AND FACILITATE THEIR ENTRY INTO AND
CONTINUED ACCESS TO THE DATABASE SYSTEM.
§ 3. Paragraph (h) of subdivision 2 of section 1349 of the civil prac-
tice law and rules, as added by chapter 655 of the laws of 1990, is
amended to read as follows:
(h) [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I)
OF THIS SUBDIVISION APPLIES, ALL moneys remaining after distributions
pursuant to paragraphs (a) through (g) of this subdivision shall be
distributed as follows:
(i) seventy-five percent of such moneys shall be deposited to a law
enforcement purposes subaccount of the general fund of the state where
the claiming agent is an agency of the state or the political subdivi-
sion or public authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
(ii) the remaining twenty-five percent of such moneys shall be depos-
ited to a prosecution services subaccount of the general fund of the
state where the claiming authority is the attorney general or the poli-
tical subdivision of which the claiming authority is a part, to be used
for the prosecution of penal law offenses.
Where multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall be
disbursed to the appropriate law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the partic-
ipation of each claiming agent entered into by the participating claim-
ing agents.
§ 4. 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
IDENTIFIED AS, OR IS DECLARED OR ADJUDGED BY THE COURT TO BE A MEMBER OF
A "CRIMINAL STREET GANG", AS DEFINED IN SECTION 465.05 OF THE PENAL LAW,
ALL MONEYS REMAINING AFTER DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A)
THROUGH (G) OF THIS SUBDIVISION SHALL BE DISTRIBUTED AS FOLLOWS:
(I) SEVENTY-FIVE PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A SEPA-
RATE ACCOUNT OF THE LOCAL SCHOOL DISTRICT WHEREIN SUCH DEFENDANT
RESIDES, WHICH THE SUPERINTENDENT OF SUCH DISTRICT SHALL ESTABLISH FOR
THE RECEIPT OF ALL SUCH MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY THE
SUPERINTENDENT EXCLUSIVELY TO DEVELOP, IMPLEMENT AND/OR MAINTAIN
INSTRUCTIONAL PROGRAMS DESIGNED TO DETER OR PREVENT YOUTHS FROM ASSOCI-
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ATING WITH, OR BECOMING MEMBERS OF, CRIMINAL STREET GANGS, INCLUDING BUT
NOT LIMITED TO, (A) AFTER-SCHOOL SPORTS OR RECREATIONAL PROGRAMS, AND/OR
(B) AFTER-SCHOOL SCHOLASTIC OR ACADEMIC PROGRAMS;
(II) FIFTEEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A LAW
ENFORCEMENT PURPOSES SUBACCOUNT OF THE GENERAL FUND OF THE STATE WHERE
THE CLAIMING AGENT IS AN AGENCY OF THE STATE OR THE POLITICAL SUBDIVI-
SION OR PUBLIC AUTHORITY OF WHICH THE CLAIMING AGENT IS A PART, TO BE
USED FOR LAW ENFORCEMENT USE IN THE INVESTIGATION OF PENAL LAW OFFENSES;
AND
(III) THE REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
PROSECUTION SERVICES SUBACCOUNT OF THE GENERAL FUND OF THE STATE WHERE
THE CLAIMING AUTHORITY IS THE ATTORNEY GENERAL OR THE POLITICAL SUBDIVI-
SION OF WHICH THE CLAIMING AUTHORITY IS A PART, TO BE USED FOR THE PROS-
ECUTION OF PENAL LAW OFFENSES.
WHERE MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE FORFEITURE ACTION,
FUNDS AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL BE
DISBURSED TO THE APPROPRIATE LAW ENFORCEMENT PURPOSES SUBACCOUNTS IN
ACCORDANCE WITH THE TERMS OF A WRITTEN AGREEMENT REFLECTING THE PARTIC-
IPATION OF EACH CLAIMING AGENT ENTERED INTO BY THE PARTICIPATING CLAIM-
ING AGENTS.
§ 5. The sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, is hereby appropriated to the division of criminal
justice services out of any moneys in the state treasury in the general
fund to the credit of the local assistance account, not otherwise appro-
priated, and made immediately available, for the purpose of developing a
grant program in consultation with the department of education and the
state police for schools to receive gang prevention programs. Such
moneys shall be payable on the audit and warrant of the comptroller on
vouchers certified or approved by the commissioner of the division of
criminal justice services in the manner prescribed by law.
§ 6. The criminal procedure law is amended by adding a new section
700.75 to read as follows:
§ 700.75 ROVING INTERCEPTIONS.
IN ANY CASE IN WHICH THE DESIGNATED OFFENSE IS DEFINED IN SUBDIVISION
EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIREMENTS OF THIS ARTI-
CLE RELATING TO THE SPECIFICATION OF THE FACILITIES FROM WHICH, OR THE
PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED DO NOT APPLY IF:
1. IN THE CASE OF AN APPLICATION FOR THE INTERCEPTION OF AN ORAL
COMMUNICATION:
(A) THE APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS TO WHY
SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING
THE OFFENSE WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED; AND
(B) THE COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR
2. IN THE CASE OF AN APPLICATION WITH RESPECT TO INTERCEPTION OF A
WIRE OR ELECTRONIC COMMUNICATION:
(A) THE APPLICATION IDENTIFIES THE PERSON BELIEVED TO BE COMMITTING
THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED AND THE
APPLICANT MAKES A SHOWING OF A PURPOSE, ON THE PART OF THAT PERSON, TO
THWART INTERCEPTION BY CHANGING FACILITIES; AND
(B) THE COURT FINDS THAT SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN.
3. INTERCEPTION OF COMMUNICATIONS UNDER AN ORDER ISSUED PURSUANT TO
THIS SECTION SHALL NOT BEGIN UNTIL THE FACILITIES FROM WHICH, OR THE
PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED IS ASCERTAINED BY
THE PERSON IMPLEMENTING THE INTERCEPTION ORDER. A PROVIDER OF WIRE OR
ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED
FOR IN SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR
A. 7608 7
QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT TO THE
INTERCEPTION CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE
COURT, UPON NOTICE TO THE APPLICANT, SHALL DECIDE SUCH MOTION EXPE-
DITIOUSLY.
§ 7. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (v) to read as follows:
(V) ANY FELONY UNDER ARTICLE FOUR HUNDRED SIXTY-FIVE OF THE PENAL LAW.
§ 8. Section 60.22 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. THE LIMITATIONS OF THIS SECTION DO NOT APPLY TO THE PROSECUTION OF
AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED SIXTY-FIVE OF THE PENAL LAW.
§ 9. The state finance law is amended by adding a new section 99-r to
read as follows:
§ 99-R. WITNESS PROTECTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF THE
DEPARTMENT OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS
THE "WITNESS PROTECTION FUND".
2. THE WITNESS PROTECTION FUND SHALL CONSIST OF: (A) FIVE PERCENT OF
ALL THE MONEYS RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE
PENAL LAW AND FIVE PERCENT OF ALL THE MONEYS RECEIVED BY THE STATE
PURSUANT TO SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAFFIC LAW
FROM ANY COURT OF THE UNIFIED COURT SYSTEM OTHER THAN TOWN OR VILLAGE
COURTS;
(B) TEN PERCENT OF ALL THE MONEYS DEPOSITED TO THE CREDIT OF THE STATE
POLICE SEIZED ASSETS ACCOUNT IN EACH CALENDAR YEAR; AND
(C) ALL OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSU-
ANT TO LAW OR ANY OTHER MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE
FUND.
3. MONEYS OF THE WITNESS PROTECTION FUND, FOLLOWING APPROPRIATION BY
THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
MADE AVAILABLE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR LOCAL
ASSISTANCE SERVICES AND EXPENSES OF PROGRAMS TO PROVIDE WITNESS
PROTECTION SERVICES TO WITNESSES OF CRIMES.
4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. AT THE END OF
EACH YEAR, ANY MONEYS REMAINING IN THE FUND SHALL BE RETURNED IN THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME
EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES,
SHALL BE CREDITED TO THE FUND.
§ 10. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to the witness protection
fund, established pursuant to section 99-r of the state finance law as
added by section nine of this act, out of any moneys in the state treas-
ury in the general fund to the credit of the local assistance account
not otherwise appropriated, for local assistance services and expenses
of programs to provide witness protection services to witnesses of
crimes.
§ 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.