Senate Bill S4111

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4111
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  criminal  street  gang
   recruitment on school grounds
 
   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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08442-01-3
              

 S. 4111                             2
 
   (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. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.