S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7953
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law,  in  relation  to  establishing  gang
   courts;  and  providing for the repeal of such provisions upon expira-
   tion thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Findings. The legislature hereby finds and declares that
 the growth of criminal gang activities  have  created  a  public  safety
 crisis and social disorder in many communities across our state. To this
 point, our system of justice has failed to successfully deter the spread
 of  this  criminality.  Whether  it  is  the  distribution  and  sale of
 controlled substances,  street  crime,  gun  violence,  prostitution  or
 simply  the  climate of fear, intimidation, and disorder that poison our
 neighborhoods, many afflicted localities appear to be  under  siege.  To
 address  this  problem, the state should be flexible and seek integrated
 ways of employing the resources of our  judicial  and  criminal  justice
 system and other state and local entities.
   Based  on  the foregoing findings the legislature hereby declares that
 the New York unified court system should be  empowered  to  establish  a
 gang  court  pilot  program  within  available  appropriations,  to help
 address these broad based issues. The legislature contemplates that  the
 program authorized in this act may consist of three special gang courts,
 one in the county of Orange, one in the county of Nassau, and one in the
 county  of  Suffolk,  to hear and determine gang related criminal cases,
 properly venued in compliance with  the  criminal  procedure  law,  from
 within  each  respective county, commencing no later than January first,
 two thousand twenty and continuing, at least, until January  first,  two
 thousand twenty-five.
   The  legislature  declares  that  the  resources  necessary  for these
 special gang parts of the courts of Orange county, the courts of  Nassau
 county,  and  the  courts  of  Suffolk county can be made available only
 through a combination of federal funds from the law enforcement  assist-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07463-02-9

 A. 7953                             2
 
 ance  administration  of  the  United  States department of justice, and
 state and local funds, services and facilities.
   §  2. The judiciary law is amended by adding a new article 5-C to read
 as follows:
                                ARTICLE 5-C
                         GANG COURT PILOT PROGRAM
 SECTION 178.   SPECIAL GANG PARTS; ESTABLISHMENT.
         178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS.
         178-B. PROCEDURE IN A SPECIAL GANG PART.
   § 178. SPECIAL GANG PARTS; ESTABLISHMENT. 1. THERE MAY BE  ESTABLISHED
 IN  THE  COURTS  OF  ORANGE COUNTY, THE COURTS OF NASSAU COUNTY, AND THE
 COURTS OF SUFFOLK COUNTY SPECIAL GANG PARTS IN SUCH NUMBERS AND AT  SUCH
 LOCATIONS  AS  SHALL  BE  DESIGNATED  BY  THE CHIEF ADMINISTRATOR OF THE
 COURTS, BY ADMINISTRATIVE ORDER, TO  EFFECTUATE  THE  PURPOSES  OF  THIS
 ARTICLE  SUBJECT TO AVAILABILITY OF ADEQUATE FUNDING WITHIN MONEY APPRO-
 PRIATED WITHIN A GIVEN FISCAL YEAR. SUCH PARTS SHALL HEAR AND  DETERMINE
 GANG  RELATED CRIMINAL CASES ASSIGNED THERETO FROM ANY COURT WITHIN SUCH
 COUNTIES.
   2. THE CHIEF ADMINISTRATOR FOR THE COURTS, IN  CONSULTATION  WITH  ALL
 APPROPRIATE  STATE  AND  COUNTY AGENCIES, MAY REQUEST THAT ALL CURRENTLY
 AVAILABLE RESOURCES BE MADE AVAILABLE TO THE SPECIAL  GANG  COURT  PARTS
 AND  AUTHORIZE THESE SPECIAL PARTS TO DEVELOP AND IMPLEMENT NEW PROGRAMS
 AS DEEMED NECESSARY TO FURTHER THE ADMINISTRATION OF JUSTICE.
   FOR PURPOSES OF THIS ARTICLE, "CRIMINAL GANG" IS DEFINED AS A GROUP OF
 THREE OR MORE PERSONS WHO,  THROUGH  THE  ORGANIZATION,  FORMATION,  AND
 ESTABLISHMENT  OF  AN  ASSEMBLAGE,  SHARE  A  COMMON IDENTITY AND, WHOSE
 MEMBERS, AS A CORE UNDERTAKING OF THEIR GROUP, ACTIVELY ENGAGE IN CRIMI-
 NAL CONDUCT IN VIOLATION OF THE PENAL LAW.
   § 178-A. TRANSFER OF CASES TO SPECIAL GANG PARTS. NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW,  UPON  OR  AFTER ARRAIGNMENT ON AN ACCUSATORY
 INSTRUMENT CHARGING A CRIMINAL OFFENSE COMMITTED BY A MEMBER OF A CRIMI-
 NAL GANG AS PART OF, OR IN THE COURSE OF  SUCH  ILLEGAL  ACTIVITIES  AND
 CONDUCT  IN  WHICH SUCH GANG IS PURPORTEDLY ENGAGING FILED IN A CRIMINAL
 COURT WITHIN ORANGE COUNTY, WITHIN  NASSAU  COUNTY,  OR  WITHIN  SUFFOLK
 COUNTY  AND  BEFORE  ENTRY OF A PLEA OF GUILTY OR COMMENCEMENT OF TRIAL,
 SUCH COURT MAY ORDER  THAT  THE  ACCUSATORY  INSTRUMENT  AND  ACTION  BE
 ASSIGNED  TO  THE  RESPECTIVE  SPECIAL  GANG  PART OF THE ORANGE COUNTY,
 NASSAU COUNTY, OR SUFFOLK COUNTY COURT SYSTEMS.
   § 178-B. PROCEDURE IN A SPECIAL GANG PART. THE TRIAL OF ANY ACCUSATORY
 INSTRUMENT IN A SPECIAL GANG PART SHALL FOR ALL PURPOSES BE DEEMED TO BE
 A TRIAL, LIKE ANY OTHER CRIMINAL PROCEEDING CONDUCTED IN ORANGE  COUNTY,
 NASSAU  COUNTY, AND SUFFOLK COUNTY RESPECTIVELY, IN WHICH THE ACCUSATORY
 INSTRUMENT WAS FILED, BUT THE CHIEF  ADMINISTRATOR  OF  THE  COURTS  MAY
 PROMULGATE  RULES,  ORDERS OR REGULATIONS TO BE APPLICABLE TO SUCH PARTS
 IN PLACE AND INSTEAD OF THE RULES, ORDERS OR REGULATIONS  APPLICABLE  TO
 COURTS  IN THE COUNTY WHERE THE INDICTMENT WAS FILED. THE CHIEF ADMINIS-
 TRATOR SHALL PROVIDE BY RULE, ORDER  OR  REGULATION  FOR  AT  LEAST  THE
 FOLLOWING  MATTERS:  THE  PROCEDURE OF THE PART; ITS AUXILIARY SERVICES;
 THE ASSIGNMENT OF JUDICIAL PERSONNEL;  THE  APPOINTMENT  OF  TERMS;  AND
 TRANSMITTAL  OF ALL PAPERS IN THE ACTION, INCLUDING ALL UNDERTAKINGS FOR
 APPEARANCES OF THE DEFENDANT AND OF THE WITNESSES, TO THE  PART  OF  THE
 SUPREME  COURT TO WHICH THE ACTION HAS BEEN ASSIGNED CONSISTENT WITH THE
 CRIMINAL PROCEDURE LAW.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed 5 years after such effective date.