S T A T E   O F   N E W   Y O R K
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                                   6975
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2019
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, the civil practice  law  and  rules,  the
   state  finance  law,  the  correction  law,  the education law and the
   mental hygiene law, in relation to defining offenses involving  crimi-
   nal  street  gangs, creating the criminal street gang prevention fund,
   and providing for gang prevention services in schools; and  to  repeal
   sections  120.06  and 120.07 of the penal law, relating to offenses of
   gang assault
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings and purpose. The legislature hereby
 finds that New York laws are insufficient regarding the  prosecution  of
 criminal  street gangs and the protection of public order and individual
 safety against gang-related violence, because of the  lack  of  programs
 and  activities  specifically designed to prevent the growth of criminal
 street gangs, facilitate prosecution and punishment of members of crimi-
 nal street gangs, and punish those who solicit others to participate  in
 criminal  street  gangs  and  in  acts  of  gang-related violence or who
 provide support or resources  to  those  who  commit  or  encourage  the
 commission of such acts.
   The  legislature  further  finds  that  the threat of violence and the
 disruption of public order and safety presented by criminal street gangs
 have reached a crisis point that threatens the  right  of  residents  of
 this state to be secure and protected from fear, intimidation, and phys-
 ical harm.
   The legislature therefore finds and declares that it is in every sense
 in  the  public  interest  to  establish a comprehensive approach to the
 protection of public order and individual safety against criminal street
 gangs and gang-related violence, by severely criminalizing  such  activ-
 ities,  by creating anti-crime programs that focus on patterns of crimi-

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

                                                            LBD07475-01-9

 A. 6975                             2
 
 nal gang activity and  organization,  and  by  expanding  education  and
 intervention  to prevent the growth of criminal street gangs as provided
 in this legislation.
   § 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law,
 as  added  by  chapter  148  of  the laws of 2000, is amended to read as
 follows:
   (a) the term "specified offense"  shall  mean  an  attempt  to  commit
 murder  in  the second degree as defined in section 125.25 of this chap-
 ter, gang assault in the first degree as  defined  in  section  [120.07]
 495.06  of this chapter, gang assault in the second degree as defined in
 section [120.06] 495.05 of this chapter, assault in the first degree  as
 defined  in  section  120.10  of this chapter, manslaughter in the first
 degree as defined in section 125.20 of this chapter, manslaughter in the
 second degree as defined in section 125.15 of this chapter,  robbery  in
 the  first  degree as defined in section 160.15 of this chapter, robbery
 in the second degree as defined in section 160.10 of  this  chapter,  or
 the  attempted commission of any of the following offenses: gang assault
 in the first degree as defined in section [120.07]  495.06,  assault  in
 the first degree as defined in section 120.10, manslaughter in the first
 degree  as  defined  in section 125.20 or robbery in the first degree as
 defined in section 160.15;
   § 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph (a) as amended by chapter 189 of the laws of 2018
 and paragraph (b) as amended by chapter 476 of the  laws  of  2018,  are
 amended to read as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 first degree as defined in section  130.70,  course  of  sexual  conduct
 against  a  child  in  the  first  degree  as defined in section 130.75;
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, incest in the first degree  as  defined  in
 section  255.27,  criminal possession of a weapon in the first degree as
 defined in section 265.04, criminal use of a firearm in the first degree
 as defined in section 265.09, criminal sale of a firearm  in  the  first
 degree  as  defined  in section 265.13, aggravated assault upon a police
 officer or a peace officer as defined in section 120.11, gang assault in
 the first degree as defined in section [120.07] 495.06,  intimidating  a
 victim  or  witness  in  the  first degree as defined in section 215.17,
 hindering prosecution of terrorism in the first  degree  as  defined  in
 section  490.35,  criminal possession of a chemical weapon or biological
 weapon in the second degree as defined in section 490.40,  and  criminal
 use  of  a  chemical  weapon or biological weapon in the third degree as
 defined in section 490.47.
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-

 A. 6975                             3

 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as  defined in section [120.06] 495.05, strangulation in
 the first degree as defined in section 121.13, burglary  in  the  second
 degree  as  defined  in  section 140.25, robbery in the second degree as
 defined in section 160.10, criminal possession of a weapon in the second
 degree as defined in section 265.03, criminal use of a  firearm  in  the
 second  degree  as defined in section 265.08, criminal sale of a firearm
 in the second degree as defined in section 265.12, criminal  sale  of  a
 firearm with the aid of a minor as defined in section 265.14, aggravated
 criminal possession of a weapon as defined in section 265.19, soliciting
 or  providing  support  for  an  act of terrorism in the first degree as
 defined in section 490.15, hindering prosecution  of  terrorism  in  the
 second degree as defined in section 490.30, and criminal possession of a
 chemical  weapon  or biological weapon in the third degree as defined in
 section 490.37.
   § 4. Sections 120.06 and 120.07 of the penal law are REPEALED.
   § 5. Subdivision 2 of section 130.91 of the penal law, as  amended  by
 chapter 189 of the laws of 2018, is amended to read as follows:
   2.  A  "specified  offense"  is a felony offense defined by any of the
 following provisions of this chapter: assault in the  second  degree  as
 defined  in  section  120.05,  assault in the first degree as defined in
 section 120.10, gang assault in the second degree as defined in  section
 [120.06]  495.05, gang assault in the first degree as defined in section
 [120.07] 495.06, stalking in the first  degree  as  defined  in  section
 120.60, strangulation in the second degree as defined in section 121.12,
 strangulation  in  the  first  degree  as  defined  in  section  121.13,
 manslaughter in the second degree  as  defined  in  subdivision  one  of
 section  125.15,  manslaughter in the first degree as defined in section
 125.20, murder in the second degree as defined in section 125.25, aggra-
 vated murder as defined in section 125.26, murder in the first degree as
 defined in section 125.27, kidnapping in the second degree as defined in
 section 135.20, kidnapping in the first degree  as  defined  in  section
 135.25,  burglary  in  the  third  degree  as defined in section 140.20,
 burglary in the second degree as defined in section 140.25, burglary  in
 the  first  degree  as  defined  in  section 140.30, arson in the second
 degree as defined in section  150.15,  arson  in  the  first  degree  as
 defined  in  section  150.20,  robbery in the third degree as defined in
 section 160.05, robbery in the  second  degree  as  defined  in  section
 160.10,  robbery  in  the  first  degree  as  defined in section 160.15,
 promoting prostitution in  the  second  degree  as  defined  in  section
 230.30, promoting prostitution in the first degree as defined in section
 230.32,  compelling prostitution as defined in section 230.33, sex traf-
 ficking of a child as defined in section 230.34-a,  disseminating  inde-
 cent  material  to  minors  in  the  first  degree as defined in section
 235.22, use of a child in a sexual performance  as  defined  in  section
 263.05, promoting an obscene sexual performance by a child as defined in
 section  263.10, promoting a sexual performance by a child as defined in
 section 263.15, or any felony attempt or conspiracy to commit any of the
 foregoing offenses.
   § 6. Title Y-2 of the penal law is redesignated title Y-3  and  a  new
 title Y-2 is added to read as follows:

 A. 6975                             4
 
                                  TITLE Y-2
                 OFFENSES INVOLVING CRIMINAL STREET GANGS
 
                                ARTICLE 495
           CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
 SECTION 495.01 DEFINITIONS.
         495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
         495.03 PARTICIPATION IN A CRIMINAL STREET GANG RELATED OFFENSE.
         495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
         495.05 GANG ASSAULT IN THE SECOND DEGREE.
         495.06 GANG ASSAULT IN THE FIRST DEGREE.
         495.07 ABATEMENT OF PREMISES USED BY A CRIMINAL STREET GANG.
         495.08 PREEMPTION.
 § 495.01 DEFINITIONS.
   AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "CRIMINAL STREET GANG MEMBER" SHALL MEAN AN INDIVIDUAL  WHO  IS  IN
 POSSESSION  OF  OR EXHIBITS CRIMINAL STREET GANG PARAPHERNALIA, CRIMINAL
 STREET GANG AFFILIATED TATTOOS, CRIMINAL STREET GANG CLOTHING OR COLORS,
 OR ANY OTHER INDICIA OF CRIMINAL STREET GANG MEMBERSHIP, AND
   A. PROCLAIMS TO BE A CRIMINAL STREET GANG MEMBER;
   B. IS IDENTIFIED AS A CRIMINAL STREET  GANG  MEMBER  BY  A  DOCUMENTED
 RELIABLE WITNESS OR INFORMANT;
   C.  IS  IDENTIFIED  AS  A  CRIMINAL STREET GANG MEMBER BY A WITNESS OR
 INFORMANT OF PREVIOUSLY UNTESTED RELIABILITY IF SUCH  IDENTIFICATION  IS
 CORROBORATED BY INDEPENDENT INFORMATION;
   D. HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF IDENTIFIED CRIM-
 INAL  STREET  GANG  MEMBERS  FOR OFFENSES THAT ARE CONSISTENT WITH USUAL
 CRIMINAL STREET GANG ACTIVITY; OR
   E. IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY PHYSICAL EVIDENCE
 SUCH AS PHOTOGRAPHS OR OTHER WRITTEN OR ELECTRONIC DOCUMENTATION.
   2. "CRIMINAL STREET GANG" SHALL MEAN AN  ONGOING  FORMAL  OR  INFORMAL
 ASSOCIATION  OF  PERSONS  IN WHICH MEMBERS OR ASSOCIATES INDIVIDUALLY OR
 COLLECTIVELY ENGAGE IN THE  COMMISSION,  ATTEMPTED  COMMISSION,  FACILI-
 TATION,  SOLICITATION,  OR  CONSPIRE TO COMMIT ANY SPECIFIED OFFENSE AND
 HAVE AT LEAST ONE INDIVIDUAL WHO IS A CRIMINAL STREET GANG MEMBER.
   3. "CRIMINAL STREET GANG RELATED OFFENSE"  SHALL  MEAN  ANY  SPECIFIED
 OFFENSE, THAT IS COMMITTED FOR ANY OF THE FOLLOWING REASONS:
   A. FOR THE BENEFIT OF, AT THE DIRECTION OF, OR IN ASSOCIATION WITH ANY
 CRIMINAL  STREET  GANG,  OR  IS  COMMITTED  WITH  THE INTENT TO PROMOTE,
 FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY THE GANG;
   B. TO GAIN ADMISSION, PRESTIGE, OR PROMOTION WITHIN THE GANG;
   C. TO INCREASE OR MAINTAIN  THE  GANG'S  SIZE,  MEMBERSHIP,  PRESTIGE,
 DOMINANCE, OR CONTROL IN A GEOGRAPHICAL AREA;
   D.  TO  EXACT REVENGE OR RETRIBUTION FOR THE GANG OR ANY MEMBER OF THE
 GANG;
   E. TO OBSTRUCT  JUSTICE,  OR  INTIMIDATE,  OR  ELIMINATE  ANY  WITNESS
 AGAINST THE GANG OR ANY MEMBER OF THE GANG;
   F.  TO DIRECTLY OR INDIRECTLY KNOWINGLY CAUSE ANY BENEFIT, AGGRANDIZE-
 MENT, GAIN, PROFIT OR OTHER ADVANTAGE FOR A GANG, ITS REPUTATION, INFLU-
 ENCE, OR MEMBERSHIP.
   4. "SPECIFIED OFFENSE" SHALL MEAN ANY OFFENSE DEFINED BY  ANY  OF  THE
 FOLLOWING  PROVISIONS OF THIS CHAPTER: OFFENSES CONSTITUTING A SPECIFIED
 OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES),
 ARTICLE ONE HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE  HUNDRED  THIR-
 TY-FIVE (KIDNAPPING, COERCION AND RELATED OFFENSES), ONE HUNDRED SEVENTY

 A. 6975                             5
 
 (FORGERY  AND  RELATED  OFFENSES),  ONE  HUNDRED SEVENTY-EIGHT (CRIMINAL
 DIVERSION OF PRESCRIPTION MEDICATIONS AND  PRESCRIPTIONS),  TWO  HUNDRED
 TWENTY-FIVE   (GAMBLING  OFFENSES),  TWO  HUNDRED  THIRTY  (PROSTITUTION
 OFFENSES), TWO HUNDRED THIRTY-FIVE (OBSCENITY AND RELATED OFFENSES), TWO
 HUNDRED  SIXTY-FIVE  (FIREARMS AND OTHER DANGEROUS WEAPONS), TWO HUNDRED
 SEVENTY  (OTHER  OFFENSES  RELATING  TO  PUBLIC  SAFETY),  FOUR  HUNDRED
 (LICENSING  AND  OTHER  PROVISIONS RELATED TO FIREARMS), OR FOUR HUNDRED
 SEVENTY (MONEY LAUNDERING).
 § 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
   A PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF  SUCH
 PERSON  IS  A  CRIMINAL  STREET GANG MEMBER AND HAS KNOWLEDGE THAT OTHER
 MEMBERS ENGAGE IN OR  HAVE  ENGAGED  IN  CRIMINAL  STREET  GANG  RELATED
 OFFENSES.
   PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
 § 495.03 PARTICIPATION IN A CRIMINAL STREET GANG RELATED OFFENSE.
   1.  A  PERSON  IS  GUILTY  OF  PARTICIPATION IN A CRIMINAL STREET GANG
 RELATED OFFENSE  WHEN  HE  OR  SHE  WILLFULLY  AND  KNOWINGLY  PROMOTES,
 FURTHERS,  ASSISTS  IN,  CONDUCTS,  OR  PARTICIPATES IN THE AFFAIRS OF A
 CRIMINAL STREET GANG BY PARTICIPATING IN A CRIMINAL STREET GANG  RELATED
 OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN A CRIM-
 INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECI-
 FIED  OFFENSE  IS  A  MISDEMEANOR, CLASS C, D, OR E FELONY, THE CRIME OF
 PARTICIPATION IN A CRIMINAL STREET GANG RELATED OFFENSE SHALL BE  DEEMED
 TO  BE  ONE  CATEGORY  HIGHER  THAN  THE SPECIFIED OFFENSE THE DEFENDANT
 COMMITTED, OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL  APPLICABLE  TO
 THE  DEFENDANT'S  CONVICTION  FOR  AN  ATTEMPT OR CONSPIRACY TO COMMIT A
 SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF  THE  CRIME  OF  PARTICIPATION  IN  A CRIMINAL STREET GANG
 RELATED OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS  A
 CLASS B FELONY:
   A. THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST SIX
 YEARS  OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION
 70.00 OF THIS CHAPTER;
   B. THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST  EIGHT  YEARS
 OF  IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02
 OF THIS CHAPTER;
   C. THE TERM OF 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; OR
   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 A CRIM-
 INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECI-
 FIED  OFFENSE  IS  A  CLASS  A-1  FELONY,  THE  MINIMUM  PERIOD  OF  THE
 INDETERMINATE SENTENCE SHALL NOT BE LESS THAN TWENTY YEARS OF  IMPRISON-
 MENT. NOTWITHSTANDING ANY OTHER LAW, THE COURT MAY STRIKE THE ADDITIONAL
 PUNISHMENT  FOR  THE  ENHANCEMENTS  PROVIDED IN SUBDIVISIONS TWO THROUGH
 FIVE OF THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL  SENTENCE  FOR
 MISDEMEANORS  IN  AN  UNUSUAL  CASE WHERE THE INTERESTS OF JUSTICE WOULD

 A. 6975                             6
 
 BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE
 MINUTES THE CIRCUMSTANCES INDICATING THE MANNER IN WHICH  THE  INTERESTS
 OF  JUSTICE  WOULD  BE  SERVED BY SUCH DISPOSITION.  NOTWITHSTANDING THE
 FOREGOING,  IN  THE  CASE  OF  A  MINOR FOUND TO BE GUILTY OF AN OFFENSE
 DESCRIBED IN THIS ARTICLE WHO IS A FIRST TIME OFFENDER,  THE  COURT  MAY
 ORDER  THAT  A  PARENT OR GUARDIAN RETAIN CUSTODY OF THAT MINOR, AND MAY
 ORDER THE PARENT OR GUARDIAN  TO  ATTEND  ANTI-GANG  VIOLENCE  PARENTING
 CLASSES  ESTABLISHED  PURSUANT  TO STANDARDS OF THE DIVISION OF CRIMINAL
 JUSTICE SERVICES. THE FATHER, MOTHER, SPOUSE OR OTHER PERSON LIABLE  FOR
 THE  SUPPORT  OF THE MINOR, THE ESTATE OF THAT PERSON, AND THE ESTATE OF
 THE MINOR SHALL BE LIABLE FOR THE COST OF CLASSES  ORDERED  PURSUANT  TO
 THIS  SECTION, UNLESS THE COURT FINDS THAT THE PERSON OR ESTATE DOES NOT
 HAVE THE FINANCIAL ABILITY TO PAY. IN EVALUATING  FINANCIAL  ABILITY  TO
 PAY,  THE  COURT  SHALL  TAKE  INTO CONSIDERATION THE COMBINED HOUSEHOLD
 INCOME, THE NECESSARY  OBLIGATIONS  OF  THE  HOUSEHOLD,  THE  NUMBER  OF
 PERSONS  DEPENDENT  ON THIS INCOME, AND WHETHER REDUCED MONTHLY PAYMENTS
 WOULD OBVIATE THE NEED TO WAIVE LIABILITY FOR THE FULL COSTS.
   5. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN A CRIM-
 INAL STREET GANG RELATED OFFENSE PURSUANT TO THIS SECTION, AND THE SPEC-
 IFIED CRIME IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02  OF
 THIS  CHAPTER,  THE  CRIME  OF  PARTICIPATION  IN A CRIMINAL STREET GANG
 RELATED OFFENSE SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
 § 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
   A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
 STREET GANG IF SUCH PERSON:
   1.  SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A CRIMINAL
 STREET GANG WITH THE INTENT  THAT  THE  PERSON  SOLICITED  OR  RECRUITED
 PARTICIPATE  IN  A  PATTERN OF CRIMINAL STREET GANG RELATED OFFENSES, OR
 WITH THE INTENT THAT SUCH PERSON PROMOTE, FURTHER, CONDUCT, OR ASSIST IN
 ANY PATTERN OF CRIMINAL STREET GANG RELATED OFFENSES BY MEMBERS  OF  THE
 CRIMINAL STREET GANG; OR
   2.  THREATENS  A  PERSON  WITH  PHYSICAL  VIOLENCE  WITH THE INTENT TO
 COERCE, INDUCE, OR SOLICIT SUCH PERSON OR ANOTHER TO  PARTICIPATE  IN  A
 CRIMINAL STREET GANG; OR
   3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON
 TO PARTICIPATE IN A CRIMINAL STREET GANG.
   SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS E
 FELONY.
 § 495.05 GANG ASSAULT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF GANG ASSAULT IN THE  SECOND  DEGREE  WHEN,  WITH
 INTENT  TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO
 OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS  PHYS-
 ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
   GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 495.06 GANG ASSAULT IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF  GANG ASSAULT IN THE FIRST DEGREE WHEN, WITH
 INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED
 BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES  SERIOUS
 PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
   GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 495.07 ABATEMENT OF PREMISES USED BY A CRIMINAL STREET GANG.
   1.  A  BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR
 THE PURPOSE OF ENGAGING IN A PATTERN OF  CRIMINAL  GANG  ACTIVITY  IS  A
 NUISANCE  WHICH  SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH
 DAMAGES MAY BE RECOVERED,  IRRESPECTIVE  OF  WHETHER  IT  CONSTITUTES  A
 PUBLIC OR PRIVATE NUISANCE.

 A. 6975                             7
 
   2.  ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS  OF
 THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL
 APPLY:
   (A)  THE  COURT  SHALL  NOT  ASSESS A CIVIL PENALTY AGAINST ANY PERSON
 UNLESS THAT PERSON KNEW OR  SHOULD  HAVE  KNOWN  OF  THE  UNLAWFUL  ACTS
 COMMITTED ON OR IN THE PREMISES;
   (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED;
   (C)  ALL  INJUNCTIONS  ISSUED  SHALL  BE LIMITED TO THOSE NECESSARY TO
 PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE  PUBLIC  OR  THOSE
 NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND
   (D)  SUIT  MAY  NOT  BE  FILED UNTIL A THIRTY DAY NOTICE PERIOD OF THE
 UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL,
 RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS.
   3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION  WHICH  IS  CONDUCTING
 ITS  AFFAIRS  WITH  ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY,
 SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE  AND  TWO
 OF THIS SECTION.
   4.  NOTHING  IN  THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM
 SEEKING ANY OTHER REMEDY PROVIDED BY LAW.
   5. WHEN AN INJUNCTION IS ISSUED  PURSUANT  TO  THIS  SECTION  FOR  THE
 ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL STREET GANG ACTIVITIES, THE
 ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR-
 NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE  COMMUNITY
 OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL
 BE  PAID  BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS
 MEMBERS THAT WERE DERIVED FROM  THE  PATTERN  OF  CRIMINAL  STREET  GANG
 ACTIVITY  BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE
 KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF
 THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT  PURSUANT  TO
 THIS  SUBDIVISION,  THE  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, OR CITY
 ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE  OF,  THE  TESTIMONY  OF
 EXPERTS  TO  ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD
 INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS  SUBDIVISION
 SHALL  BE  DEPOSITED  INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE
 GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION  THE
 COMMUNITY  OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE
 THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY
 THE NUISANCE.
 § 495.08 PREEMPTION.
   NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
 ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
   §  7.  The  opening  paragraph  of  paragraph  (h) of subdivision 2 of
 section 1349 of the civil practice law and rules, as  added  by  chapter
 655 of the laws of 1990, is amended to read as follows:
   [All]  EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I) OF
 THIS SUBDIVISION  APPLIES,  ALL  moneys  remaining  after  distributions
 pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
 distributed as follows:
   § 8. Subdivision 2 of section 1349 of the civil practice law and rules
 is amended by adding a new paragraph (i) to read as follows:
   (I) IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED  IS
 CONVICTED  OF  AN  OFFENSE LISTED IN ARTICLE FOUR HUNDRED NINETY-FIVE OF
 THE PENAL LAW, ALL MONEYS  REMAINING  AFTER  DISTRIBUTIONS  PURSUANT  TO
 PARAGRAPHS  (A)  THROUGH (G) OF THIS SUBDIVISION SHALL BE DISTRIBUTED TO

 A. 6975                             8
 
 THE CRIMINAL  STREET  GANG  PREVENTION  FUND,  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-SEVEN-YYYY OF THE STATE FINANCE LAW.
   §  9. The state finance law is amended by adding a new section 97-yyyy
 to read as follows:
   § 97-YYYY. CRIMINAL STREET GANG PREVENTION FUND. 1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  OF  THE  MISCELLANEOUS
 SPECIAL  REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG PREVENTION
 FUND.
   2. THE COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE  FOR  DEPOSIT
 TO  THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED FOR
 SUCH DEPOSIT BY LAW OR APPROPRIATION.
   3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL  BE  AVAILABLE  TO  SUPPORT  THE CRIMINAL STREET GANG AND VIOLENCE
 PREVENTION PARTNERSHIP PROGRAM ESTABLISHED PURSUANT  TO  SECTION  TWELVE
 HUNDRED THIRTEEN OF THE EDUCATION LAW.
   §  10. The opening paragraph of section 15-b of the correction law, is
 designated subdivision 1 and a new subdivision 2 is  added  to  read  as
 follows:
   2.  THE  COMMISSIONER  OF  EDUCATION SHALL BE EMPOWERED TO DEVELOP AND
 IMPLEMENT AN EDUCATIONAL PROGRAM, TO  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  CESSA-
 TION  OF GANG MEMBERSHIP. THE COMMISSIONER SHALL BE EMPOWERED TO PROMUL-
 GATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THIS PROGRAM.
   § 11. The education law is amended by adding a new article 25 to  read
 as follows:
                                 ARTICLE 25
                              GANG PREVENTION
 SECTION 1210. GANG PREVENTION.
         1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES.
         1212. DRESS CODE CONCERNING GANG-RELATED APPAREL.
         1213. CRIMINAL  STREET  GANG AND VIOLENCE PREVENTION PARTNERSHIP
                 PROGRAM.
   § 1210. GANG PREVENTION. THE DEPARTMENT SHALL PREPARE  AND  DISTRIBUTE
 TO  SCHOOLS  GUIDELINES  FOR  INCORPORATING  IN-SERVICE TRAINING IN GANG
 VIOLENCE FOR TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS,  SCHOOL  BOARD
 MEMBERS,  AND  OTHER  EDUCATIONAL  PERSONNEL  INTO THE STAFF DEVELOPMENT
 PLANS, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING  COMPRE-
 HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND
 GUIDELINES,  TO  THE MAXIMUM EXTENT POSSIBLE, SHALL ENCOURAGE SCHOOLS TO
 AVOID DUPLICATION OF EFFORT BY SHARING RESOURCES; ADAPTING  OR  ADOPTING
 MODEL  IN-SERVICE  TRAINING PROGRAMS; DEVELOPING JOINT AND COLLABORATIVE
 PROGRAMS; AND COORDINATING EFFORTS WITH EXISTING STATE  AND  LOCAL  GANG
 VIOLENCE  STAFF  DEVELOPMENT  PROGRAMS,  COUNTY AND CITY LAW ENFORCEMENT
 AGENCIES, AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG  VIOLENCE
 PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL.
   THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE
 RECEIPT  OF  FEDERAL  AND  STATE  FUNDS  TO  SUPPORT THEIR GANG VIOLENCE
 PREVENTION IN-SERVICE TRAINING PROGRAMS. THE  DEPARTMENT  SHALL  CONSULT
 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING GANG VIOLENCE.
   THE  TERM  "GANG  VIOLENCE  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 TO ASSIST THEM IN  DEVELOP-

 A. 6975                             9
 
 ING  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 TRAINING  REGARDING  AVAIL-
 ABLE  INFORMATION AND RESOURCES CONCERNING GANG VIOLENCE.  IT SHALL ALSO
 INCLUDE METHODS THAT WILL  HELP  EDUCATORS  INTERACT  WITH  AND  EDUCATE
 PARENTS OF AT-RISK YOUTH CONCERNING THE RISKS ASSOCIATED WITH, AND WARN-
 ING SIGNS OF, GANG AFFILIATION.
   §  1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1. THE
 DEPARTMENT, IN COLLABORATION  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES,  SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM FOR
 USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION
 OF THE CURRICULUM AND OF PUPIL OUTCOMES.
   2. IN DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN  CONJUNCTION  WITH
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SHALL ASSESS THE CURRENT
 STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT-
 ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL
 PROVIDE OR MAINTAIN A HIGH  LEVEL  OF  SCHOOL  SAFETY  AND  ADDRESS  THE
 SCHOOL'S  PROCEDURES  FOR COMPLYING WITH EXISTING LAWS RELATED TO SCHOOL
 SAFETY.
   3. UPON REQUEST, THE  DEPARTMENT  SHALL  ASSIST  SCHOOL  DISTRICTS  IN
 DEVELOPING  COMPREHENSIVE  GANG  VIOLENCE  AND  DRUG  AND  ALCOHOL ABUSE
 PREVENTION IN-SERVICE TRAINING PROGRAMS. SUCH GUIDELINES  SHALL  TO  THE
 MAXIMUM  EXTENT  POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO SHARE RESOURCES,
 DEVELOP JOINT AND COLLABORATIVE PROGRAMS, AND  COORDINATE  EFFORTS  WITH
 OTHER EXISTING STATE AND LOCAL PROGRAMS.
   4.  THE  DEPARTMENT  SHALL  PREPARE AND DISTRIBUTE TO SCHOOL DISTRICTS
 GUIDELINES FOR INCORPORATING IN-SERVICE TRAINING IN  GANG  VIOLENCE  AND
 DRUG  AND  ALCOHOL  ABUSE  PREVENTION FOR TEACHERS, COUNSELORS, ATHLETIC
 DIRECTORS, SCHOOL BOARD MEMBERS, AND OTHER  EDUCATIONAL  PERSONNEL  INTO
 THE  STAFF  DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND COUNTY OFFICES
 OF EDUCATION. SUCH TRAINING SHALL INCLUDE INSTRUCTION  TO  TEACHERS  AND
 ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG
 REGALIA AND GANG AFFILIATION.
   §   1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY  OTHER
 PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE  GOVERN-
 ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS
 CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB-
 ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF
 THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID-
 UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI-
 CY  IS  NECESSARY  FOR  THE HEALTH AND SAFETY OF THE SCHOOL ENVIRONMENT.
 INDIVIDUAL SCHOOLS MAY INCLUDE THE REASONABLE  DRESS  CODE  POLICY.  THE
 GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO
 HAVE  THEIR  CHILDREN  COMPLY  WITH AN ADOPTED SCHOOL UNIFORM POLICY. NO
 PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST
 NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE
 THE PUPIL COMPLY WITH THE SCHOOL UNIFORM  POLICY.  THE  GOVERNING  BOARD
 SHALL  CONTINUE  TO HAVE RESPONSIBILITY FOR THE APPROPRIATE EDUCATION OF
 SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY
 OUT THE INTENT AND PURPOSES OF THIS SECTION.
   § 1213. CRIMINAL  STREET  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP
 PROGRAM. 1.  THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM-
 INAL  JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR PROGRAMS
 FROM THE CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED  PURSUANT  TO
 SECTION NINETY-SEVEN-YYYY OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL

 A. 6975                            10
 
 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.
   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.
   §  12.  Subdivision (f) of section 10.03 of the mental hygiene law, as
 amended by chapter 189 of the laws  of  2018,  is  amended  to  read  as
 follows:
   (f) "Designated felony" means any felony offense defined by any of the
 following  provisions  of the penal law: assault in the second degree as
 defined in section 120.05, assault in the first  degree  as  defined  in
 section  120.10, gang assault in the second degree as defined in section
 [120.06] 495.05, gang assault in the first degree as defined in  section
 [120.07]  495.06,  stalking  in  the  first degree as defined in section
 120.60, strangulation in the second degree as defined in section 121.12,
 strangulation  in  the  first  degree  as  defined  in  section  121.13,
 manslaughter  in  the  second  degree  as  defined in subdivision one of
 section 125.15, manslaughter in the first degree as defined  in  section
 125.20, murder in the second degree as defined in section 125.25, aggra-
 vated murder as defined in section 125.26, murder in the first degree as
 defined in section 125.27, kidnapping in the second degree as defined in
 section  135.20,  kidnapping  in  the first degree as defined in section
 135.25, burglary in the third  degree  as  defined  in  section  140.20,
 burglary  in the second degree as defined in section 140.25, burglary in
 the first degree as defined in  section  140.30,  arson  in  the  second
 degree  as  defined  in  section  150.15,  arson  in the first degree as
 defined in section 150.20, robbery in the third  degree  as  defined  in
 section  160.05,  robbery  in  the  second  degree as defined in section
 160.10, robbery in the  first  degree  as  defined  in  section  160.15,
 promoting  prostitution  in  the  second  degree  as  defined in section

 A. 6975                            11
 
 230.30, promoting prostitution in the first degree as defined in section
 230.32, compelling prostitution as defined in section 230.33, sex  traf-
 ficking  of  a child as defined in section 230.34-a, disseminating inde-
 cent  material  to  minors  in  the  first  degree as defined in section
 235.22, use of a child in a sexual performance  as  defined  in  section
 263.05, promoting an obscene sexual performance by a child as defined in
 section  263.10, promoting a sexual performance by a child as defined in
 section 263.15, or any felony attempt or conspiracy to commit any of the
 foregoing offenses.
   § 13. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.