Padavan Pushes For Action On Gang Prevention Legislation Before End of Legislative Session

Frank Padavan

June 28, 2010

Calling it a key priority that must be addressed before the close of the state legislative session, New York State Senator Frank Padavan (Queens) has called for action on legislation that he is a co-sponsor of that will provide law enforcement and communities with the tools they need to effectively crackdown on growing gang activity in New York state. 

“Gang activity has morphed over time as they have become more violent in their criminal activity and have ventured into new and more dangerous elements of criminality,” Padavan said. “They are a constant and serious threat to the quality of life in our communities and the safety our children and families.  This legislation addresses the problem of gang activity at the root with prevention and increased criminal penalties for gang-related activity.”

The comprehensive measure institutes new criminal penalities and stronger sentencing for participation in criminal gang activities. The crime of participation in a criminal street gang would be a class A misdemeanor punishable by up to one year in state prison. The new crime of participation in criminal street gang activity is established in penal law as a Class F felony. The law also makes it a Class C felony for the solicitation or recruitment of minors for participation in a criminal street gang on school grounds and a Class D felony for the solicitation or recruitment of minors for criminal street gang activity.  ‘
 
Additionally, the Criminal Street Gang Enforcement and Prevention Act:

• Creates a fund and requires that forfeiture of financial gains from criminal gang activities be placed in it;
• Provides for financial support for the Criminal Street Gang Violence Prevention Program ;
• Authorizes the New York State Division of Criminal Justice Services to create a Criminal Street Gang Registration Act modeled after the current sex offender registry;
• Allows DCJS to create a Criminal Street Gang database;
• Creates Gang Prevention Program within the Department of Education that includes training on gang prevention and awareness for school officials and personnel;
• Empowers school districts to adopt reasonable dress code policies to help combat “gang-related apparel’”
• Establishes a Criminal Street Gang and Violence Prevention Partnership program which will provide grants for programs and services aimed at preventing and deterring at-risk youth from joining gangs; and
• Creates the new Office of Criminal Street Gangs and Youth Violence at DCJS.

“Gangs thrive on fear,” Padavan said. “This legislation will break that fear and help break the cycle of violence associated with the rise in gang growth in all reaches of the state.  It’s a necessity that both houses of the State Legislature act on this important criminal justice and public safety measure before we adjourn session. The problem gripping many communities with gang activity is too serious to be met with inaction from the Senate and Assembly Democrats,”  

 For video of Senator Padavan speaking on this legislative measure please visit the following link: http://www.nysenate.gov/video/2010/jun/25/padavan-pushes-action-criminal-street-gang-enforcement-and-prevention-act