NY State Senate Bill S2410A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to codes delivered to assembly passed senate ordered to third reading cal.1058 committee discharged and committed to rules
Mar 22, 2018	print number 2410a
Mar 22, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes returned to senate died in assembly
May 08, 2017	referred to codes delivered to assembly passed senate
May 02, 2017	ordered to third reading cal.687 committee discharged and committed to rules
Jan 13, 2017	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S2410 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add Title Y-1-A Art 495 §§495.05 - 495.40, Pen L; amd §1349, CPLR; add §97-rrrr, St Fin L; add Art 25 §§1210 - 1213, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7929
2011-2012: S1742
2013-2014: S4444
2015-2016: S1701

S2410 - Summary

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

S2410 - Sponsor Memo

 BILL NUMBER:  S2410

 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-1-A 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.

*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 teLm 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. 1701 - passed Senate 2015
S.4444 - passed Senate 2013, 2014;
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.

S2410 - Bill Text download pdf


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

                                  2410

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

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 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".
  §  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.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03824-01-7

S. 2410                             2

  (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-PPPP  OF  THE
STATE FINANCE LAW;
  §  4.  The penal law is amended by adding a new title Y-1-A to read as
follows:
                               TITLE Y-1-A
                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.
§ 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
AND  INCLUDES  THE  CONSPIRACY TO COMMIT, SOLICIT, ATTEMPT, AID AND ABET
THE COMMISSION OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY;

S. 2410                             3

  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,
UNLAWFUL SURVEILLANCE, AND  OFFENSES  AGAINST  THE  RIGHT  TO  PRIVACY);
SECTION  270.20  (UNLAWFUL  WEARING OF A BODY VEST); AND SECTIONS 270.30

S. 2410                             4

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,  200.03,
205.60, 205.65, 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 THIRTEEN; ARTI-
CLE 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 THIR-
TY-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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 495.30 SOLICITATION OF MINORS FOR PARTICIPATION IN A  CRIMINAL  STREET
           GANG.

S. 2410                             5

  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.
§ 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.
§ 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
STREET  GANG  ACTIVITY  IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE

S. 2410                             6

INDETERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF  IMPRISON-
MENT.
  §  5. The state finance law is amended by adding a new section 97-pppp
to read as follows:
  § 97-PPPP. 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.
  § 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.
  § 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. 2410                             7

GANG VIOLENCE AND SUBSTANCE  ABUSE,  AND  TRAINING  REGARDING  AVAILABLE
INFORMATION AND RESOURCES CONCERNING GANG VIOLENCE.
  §  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.
  §   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".
  § 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-PPPP 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. 2410                             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.
  § 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.
  §  8. 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

view additional co-sponsors

S2410A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add Title Y-1-A Art 495 §§495.05 - 495.40, Pen L; amd §1349, CPLR; add §97-rrrr, St Fin L; add Art 25 §§1210 - 1213, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7929
2011-2012: S1742
2013-2014: S4444
2015-2016: S1701

S2410A (ACTIVE) - Summary

S2410A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2410A

SPONSOR: GOLDEN
 
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-1-A in the Penal Law,
Offenses Involving Criminal Street Gangs, and new Article 495, the Crim-
inal 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 crimi-
nal 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.

*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 phys-
ical 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 commit-
ted 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 crim-
inal 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 crimi-
nal 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 crimi-
nal 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. 2410 - passed Senate 2017
S. 1701 - passed Senate 2015
S.4444 - passed Senate 2013, 2014
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.

S2410A (ACTIVE) - Bill Text download pdf


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

                                 2410--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sens.  GOLDEN,  AKSHAR, BOYLE, CROCI, GALLIVAN, HELMING,
  JACOBS, MARCHIONE, MURPHY, O'MARA,  ORTT,  PHILLIPS,  ROBACH,  SERINO,
  TEDISCO  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Codes -- recommitted to the Committee on
  Codes  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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".
  § 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03824-02-8

S. 2410--A                          2

members, and  expand  effective  anti-gang  education  and  intervention
activities by the state and its localities.
  § 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-RRRR  OF  THE
STATE FINANCE LAW;
  §  4.  The penal law is amended by adding a new title Y-1-A to read as
follows:
                               TITLE Y-1-A
                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.
§ 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

S. 2410--A                          3

THE  COMMISSION OF A PRIOR ACT OF CRIMINAL STREET GANG ACTIVITY. AS USED
IN THIS ARTICLE, "PATTERN OF CRIMINAL STREET GANG ACTIVITY"  ALSO  MEANS
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 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 ENDANGERMENT 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); SUBDIVISION 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 IMPRISONMENT 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 (CRIMINAL 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

S. 2410--A                          4

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,
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,  200.03,
205.60,  205.65,  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 THIRTEEN; ARTI-
CLE  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  THIR-
TY-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.
§ 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.
§ 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.
§ 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.
§ 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.

S. 2410--A                          5

  SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE SECOND
DEGREE IS A CLASS D FELONY.
§ 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.
§ 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.
§ 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.

S. 2410--A                          6

  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
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.
  § 5. The state finance law is amended by adding a new section  97-rrrr
to read as follows:
  §  97-RRRR.  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.
  §  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.
  §  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

S. 2410--A                          7

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
GANG  VIOLENCE  AND  SUBSTANCE  ABUSE,  AND TRAINING REGARDING AVAILABLE
INFORMATION AND RESOURCES CONCERNING GANG VIOLENCE.
  § 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.
  §  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".
  §  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-RRRR 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

S. 2410--A                          8

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.
  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.
  § 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.
  §  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2410A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 8, 2018 - floor Vote

Floor Vote: May 8, 2018

May 8, 2018 - Rules committee Vote

Rules Committee Vote: May 8, 2018

May 8, 2017 - floor Vote

Floor Vote: May 8, 2017

May 2, 2017 - Rules committee Vote

Committee Vote: May 2, 2017

Bill Amendments

Co-Sponsors

S2410 - Details

S2410 - Summary

S2410 - Sponsor Memo

S2410 - Bill Text download pdf

Co-Sponsors

S2410A (ACTIVE) - Details

S2410A (ACTIVE) - Summary

S2410A (ACTIVE) - Sponsor Memo

S2410A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2410A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 8, 2018 - floor Vote

Floor Vote: May 8, 2018

May 8, 2018 - Rules committee Vote

Rules Committee Vote: May 8, 2018

May 8, 2017 - floor Vote

Floor Vote: May 8, 2017

May 2, 2017 - Rules committee Vote

Committee Vote: May 2, 2017

Bill Amendments

Co-Sponsors

S2410 - Details

S2410 - Summary

S2410 - Sponsor Memo

S2410 - Bill Text download pdf

Co-Sponsors

S2410A (ACTIVE) - Details

S2410A (ACTIVE) - Summary

S2410A (ACTIVE) - Sponsor Memo

S2410A (ACTIVE) - Bill Text download pdf

Comments