Add Art 465 465.00 - 465.30, Pen L; amd 1349, CPLR; add 700.75, amd 700.05 & 60.22, CP L; add 99-rr, St Fin L
Enacts the criminal street gang abatement act which provides enhanced penalties for persons involved with criminal street gangs; establishes the crime of gang solicitation of minors on school grounds; allows for roving interceptions by police after adequate cause is shown; establishes the witness protection fund.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9368
SPONSOR: Novakhov TITLE OF BILL:
An act to amend the penal law, the civil practice law and rules, the
criminal procedure law and the state finance law, in relation to enact-
ing the criminal street gang abatement act of 2024; and making an appro-
priation therefor
PURPOSE OR GENERAL IDEA OF BILL:
The Criminal Street Gang Abatement Act of 2024 will provide law enforce-
ment the tools they need to combat gang violence by focusing upon
patterns of criminal gang activity, the chief source of violence created
by street gangs. It also provides two funding mechanisms for after
school academic, sports and recreational programs and other gang
prevention programs, thereby providing youths an alternative to joining
gangs. The Act will also create a statewide gang database, authorize
roving interceptions, remove accomplice testimony corroboration require-
ments for gang offenses, and create a witness protection program - also
to aid in the prosecution of gang related crimes.
SUMMARY OF PROVISIONS:
Section 1: States the short title of the bill.
Section .2: Adds a new Article 465 to Penal Law entitled the "Criminal
Street Gang Abatement Act". Section 465.00: Sets forth legislative find-
ings and intent. Section 465.05: Defines "criminal street gang,"
"pattern of street gang activity," and "criminal act". Section 465.10:
Provides for enhanced penalties for criminal acts committed by a crimi-
nal street gang member. Section 465.15: Creates the crime of Gang Solic-
itation, Recruitment or Retention, a class E felony.
Section 465.20: Creates the crime of Gang Solicitation, Recruitment or
Retention of Minors, a class D felony. Section 465.25: Creates the crime
of Gang Solicitation, Recruitment or Retention of Minors on School
Grounds, a class C felony. Section 465.30: Creates a statewide gang
database.
Sections 3 and 4: Amends paragraph (h) and adds a new paragraph (i) to
subdivision 2 of Section 1349 of the Civil Practice Law and Rules to
provide that after disbursement of forfeited assets pursuant to para-
graphs (a) through (g) of this section, if a defendant subject to
forfeiture is a "street gang member" seventy-five percent of any remain-
ing seized assets shall be distributed to the.defendant's local school
district to fund afterschool programs. After this distribution, fifteen
percent shall be distributed to law enforcement with the remaining ten
percent distributed to the prosecution services subaccount.
Section 5: Adds the sum of one million dollars, or so much thereof any
be necessary to be appropriated to the Division of Criminal Justice
Services for the purposes of developing a grant program in consultation
with the Department of Education and the State Police for schools to
receive gang prevention programs.
Sections 6 and 7: Adds section 700.75 of the Criminal Procedure Law to
permit roving interceptions by law enforcement in certain circumstances
and adds subparagraph (g) to paragraph 8 of section 700.05 of the Crimi-
nal Procedure Law to authorize eavesdropping and video surveillance
warrants to be issued in gang offense criminal investigations.
Section 8: Amends section 60.22 of the Criminal Procedure Law to remove
the corroboration requirement for accomplice testimony in gang offense
prosecutions.
Section 9: Adds new, section 97-eeee to the State Finance Law. 97-eeee
(1) Establishes the "Witness Protection Fund" to be jointly administered
by the State Comptroller and the Commissioner of the Department of Taxa-
tion and Finance. 97-eeee (2) States that the Fund shall consist of 5%
of all moneys received pursuant to section 60.35 of the penal law; 5% of
moneys received pursuant to section 1809 of the vehicle and traffic law
from any court other than a town or village court; 10% of all moneys
deposited to the credit of the State Police Seized Asset account in each
calendar year; all other fees, fines, grafts, bequests or other moneys
made available for the purposes of the Fund. 97-eeee (3) Provides that
moneys in: the Fund, following appropriation by the Legislature and
allocation by the Director of the Budget shall be made available to the
Division of Criminal Justices Services for local assistance services and
expenses of programs designed to provide witness protection services.
97-eeee (4) Provides that any moneys remaining in the Fund at the end of
each year shall be returned to the Fund and not revert to the General
Fund.
Section 10: Appropriates $5 million to the Witness Protection Fund.
Section 11: Authorizes this act to take effect on the first of November
next succeeding the date on which it shall have become a law.
JUSTIFICATION:
New York has seen an increase in violent street gangs whose members
threaten, terrorize, and commit a multitude of crimes against the peace-
ful citizens of their neighborhoods to illegally benefit themselves.
These activities, both individually and collectively, present a clear
and present danger to public order and safety. Gangs have expanded from
other nations and states into New York, with all of the nationally known
gangs now existing throughout the major cities. Gang membership numbers
run as high as 10,000.
Unfortunately, with the exception of the crimes of gang assault and
making graffiti, New York's laws are silent on gang-related crimes.
With no uniform state law, police departments throughout the state are
not classifying gangs for what they are - a group of three or more
people who come together to do a criminal act. They use terms like
"large groups of youths." Subsequently, drug and gun sales as well as
assaults, rapes and murders are not recorded, investigated and disclosed
to the public as the gang crimes they are. Due to the lack of specific
state law to adequately address the brutality of gang-related crimes,
the Bronx District Attorney was even reduced to trying an alleged gang
member as a terrorist, the first case to be tried under the state's
anti-terrorism law enacted shortly after Sept. 11, 2001, in order to
subject this individual to the more severe penalties mandated by this
statute. Enactment of this article provides law enforcement with the
tools they need to combat gang violence. This legislation codifies the
definitions of "gang member," "pattern of street gang activity" and
"criminal act" in Penal Law thereby providing uniformity and clarifica-
tion to the law enforcement community throughout the state. These defi-
nitions will allow for more accurate and reliable data to provide a
clearer assessment of the gang problem and the extent of gang-related
crimes throughout the state. It further provides for enhanced penalties
for crimes committed by street gang members, providing a deterrent for
existing members as well as a deterrent for potential new members who
might otherwise commit a crime to gain acceptance within a gang. Crimi-
nal street gangs are constantly seeking to recruit new members into
their hierarchy by utilizing threats, intimidation and physical
violence. Minors are particularly vulnerable and are often forced into
criminal activity as a means of gang initiation, falling prey to such
incitement and intimidation in their local neighborhoods and schools.
This bill seeks to discourage gang recruitment by holding accountable
those who solicit or recruit gang members and as a further deterrent,
provide for heightened penalties for those who prey upon minors and
utilize school grounds to increase their membership. This bill recog-
nizes the need for interagency communication and cooperation in the
investigation, prosecution and prevention of gang activity, and as such
creates a statewide data base for the collection of information pertain-
ing to the identification of gang members. One positive step that commu-
nities can take is to provide youths with alternatives to joining gangs.
After-school academic, sports programs, and various other gang
prevention programs can provide youths with a safe environment, positive
role models and positive reinforcement. Youths who receive this positive
reinforcement are less likely to join gangs. This bill will provide
funding at the local level for these important programs, funded by a
$1,000,000 appropriation and from the very gang members who are attempt-
ing to destroy these communities. Present law relating to asset forfei-
ture actions provideslhat after distribution pursuant to provisions in
civil practice law and rules, seventy-five percent of any remaining
funds shall be distributed to a law enforcement subaccount with the
remaining twenty-five percent distributed to a prosecution services
subaccount. This bill will not alter this distribution scheme except in
cases where the forfeited assets are from a known "gang member." In this
case seventy-five percent of the remaining assets after distribUtion
shall be distributed to local school districts to establish or maintain
programs designed to prevent or deter youths from joining gangs. The
remaining funds will be distributed at fifteen percent to the law
enforcement subaccount with the remaining ten percent being distributed
to the prosecution services subaccount. The investigation of gang
offenses is hampered by the limitations of current requirements that
require specificity of the particular telephone device to obtain eaves-
dropping and video surveillance warrants. Gang leaders and members
routinely use inexpensive cellular phones that can be easily purchased,
used and then replaced after a short period of time. Under current law,
law enforcement officials have to identify each phone and acquire a new
warrant each time a phone is replaced. This bill would allow roving
interceptions that would target a specific person - not a specific phone
- in gang offense criminal investigations. Gang leaders emulating organ-
ized crime bosses frequently attempt to insulate themselves from prose-
cution by directing underlings to commit crimes. Too often the only
evidence connecting leaders to their crimes is the testimony of fellow
gang members. This bill would remove the requirement of corroboration in
gang offense prosecutions. Witness intimidation is another major imped-
iment to successful gang prosecutions in New York. New York must protect
those who are brave enough to come forward and testify against crimi-
nals. Local agencies
do not have the resources to provide for protection and relocation of
witnesses so witnesses are often forced to live in the same areas or
neighborhoods as the gangs and criminals they will testify against.
Thisbill creates a State funded witness protection program that mirrors
the federal government's program.
PRIOR LEGISLATIVE HISTORY:
New Bill; Similar to A.7608 of 2018 held for consideration in codes
05/06/08
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Funding reallocation. Funds derived from forfeited assets shall be
distributed to local school districts instead of deposited into a law
enforcement subaccount. Appropriation of one million to the Division of
Criminal Justice Services from any moneys available in the State Treas-
ury in the General Fund to the credit of the Local Assistance Account
for the development of a grant program for schools to receive gang
prevention programs. Appropriation of five million for the establishment
of the witness protection program.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
