S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6685
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. DAVILA,
   FINCH, FRIEND, GALEF, GIGLIO, GUNTHER, HEVESI, JAFFEE, KOLB,  LUPARDO,
   MAGNARELLI, McDONOUGH, NOLAN, ORTIZ, RAMOS, RIVERA, RODRIGUEZ, STIRPE,
   THIELE,  TITUS,  WRIGHT  -- read once and referred to the Committee on
   Codes

 AN ACT to amend the penal law,  in  relation  to  criminal  street  gang
   recruitment  on  school  grounds;  and  to  amend  the highway law, in
   relation to authorizing the placement of gang free school zone signs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 460.10 of the penal law is amended by adding four
 new subdivisions 5, 6, 7 and 8 to read as follows:
   5. "CRIMINAL STREET GANG" MEANS ANY ONGOING ORGANIZATION, ASSOCIATION,
 OR GROUP OF THREE OR MORE PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS
 ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION OF  ONE  OR  MORE  CRIMINAL
 ACTS,  WHICH HAS AN IDENTIFIABLE NAME OR IDENTIFYING SIGN OR SYMBOL, AND
 WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED  IN
 CRIMINAL STREET GANG ACTIVITY.
   6. "CRIMINAL STREET GANG MEMBER" MEANS A PERSON TO WHOM TWO OR MORE OF
 THE FOLLOWING CRITERIA APPLY:
   (A) ADMITS TO CRIMINAL STREET GANG MEMBERSHIP;
   (B)  IS  IDENTIFIED  AS  A CRIMINAL STREET GANG MEMBER BY A DOCUMENTED
 RELIABLE INFORMANT;
   (C) RESIDES IN OR FREQUENTS A PARTICULAR CRIMINAL STREET  GANG'S  AREA
 AND  ADOPTS  ITS  STYLE OF DRESS, ITS USE OF HAND SIGNALS OR ITS TATTOOS
 AND ASSOCIATES WITH KNOWN CRIMINAL STREET GANG MEMBERS;
   (D) HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF KNOWN  CRIMINAL
 STREET  GANG MEMBERS FOR OFFENSES WHICH ARE CONSISTENT WITH USUAL CRIMI-
 NAL STREET GANG ACTIVITY;
   (E) IS IDENTIFIED  AS  A  CRIMINAL  STREET  GANG  MEMBER  BY  PHYSICAL
 EVIDENCE, SUCH AS PHOTOGRAPHS OR OTHER DOCUMENTATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07413-02-9

 A. 6685                             2
 
   (F)  HAS  BEEN  STOPPED  IN  THE COMPANY OF KNOWN CRIMINAL STREET GANG
 MEMBERS FOUR OR MORE TIMES;
   (G)  HAS BEEN IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY OTHER LAW
 ENFORCEMENT AGENCIES; OR
   (H) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A FAMILY MEMBER.
   7. "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION  OR  ATTEMPTED
 COMMISSION  OF,  OR  SOLICITATION  OR  CONSPIRACY TO COMMIT, TWO OR MORE
 CRIMINAL ACTS THAT:
   (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
   (B) ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED  AND
 CONNECTED  IN  POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS TO CONSTI-
 TUTE A CRIMINAL OFFENSE OR  CRIMINAL  TRANSACTION,  AS  SUCH  TERMS  ARE
 DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
   (C)  FURTHER  A  CRIMINAL  STREET  GANG BY:   (I) BEING RELATED TO ONE
 ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) WERE COMMITTED,  SOLIC-
 ITED,  REQUESTED,  IMPORTUNED  OR  INTENTIONALLY AIDED BY PERSONS ACTING
 WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH CRIMINAL
 ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL STREET GANG.
   8. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING,  STRUC-
 TURE,  ATHLETIC  PLAYING  FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
 AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
 AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND  FEET  OF  THE
 REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL OR ANY PARKED
 AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND  FEET  OF
 THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL. FOR THE
 PURPOSE OF THIS SUBDIVISION, AN "ACCESSIBLE AREA TO  THE  PUBLIC"  SHALL
 MEAN  SIDEWALKS,  STREETS,  PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND
 RESTAURANTS.
   § 2. The penal law is amended by adding a new section 460.65  to  read
 as follows:
 § 460.65 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  STREET GANG RECRUITMENT ON SCHOOL
 GROUNDS WHEN, ON SCHOOL GROUNDS, HE OR SHE COERCES,  SOLICITS,  RECRUITS
 OR  INDUCES  ANOTHER  PERSON  TO  JOIN  OR REMAIN A MEMBER OF A CRIMINAL
 STREET GANG, OR CONSPIRES TO DO SO.
   CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IS A CLASS D  FELO-
 NY.
   § 3. The highway law is amended by adding a new section 318 to read as
 follows:
   §  318.  GANG FREE SCHOOL ZONE SIGNS. ANY POLITICAL SUBDIVISION OF THE
 STATE HAVING JURISDICTION OVER ANY HIGHWAY  WITHIN  SCHOOL  GROUNDS,  AS
 DEFINED  IN  SUBDIVISION  EIGHT OF SECTION 460.10 OF THE PENAL LAW, MAY,
 UPON THE REQUEST OF THE APPROPRIATE SCHOOL AUTHORITY, PLACE, CAUSE TO BE
 PLACED OR PERMIT TO BE PLACED WITHIN THE RIGHT-OF-WAY  OF  SUCH  HIGHWAY
 SUCH SIGNS INDICATING A GANG FREE SCHOOL ZONE.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.