S01701 Summary:

BILL NO    S01701 

SAME AS    SAME AS A05106

SPONSOR    GOLDEN

COSPNSR    LANZA, ADDABBO, AMEDORE, AVELLA, BONACIC, BOYLE, CROCI, DEFRANCISCO,
           FELDER, FUNKE, GALLIVAN, GRIFFO, HANNON, LARKIN, LITTLE, MARCELLINO,
           MARCHIONE, MARTINS, MURPHY, NOZZOLIO, RANZENHOFER, RITCHIE, ROBACH,
           SERINO, VALESKY, VENDITTO, YOUNG

MLTSPNSR   

Add Title Y-1-A Art 495 SS495.05 - 495.40, Pen L; amd S1349, CPLR; add
S97-llll, St Fin L; add Art 25 SS1210 - 1213, Ed L

Enacts the criminal street gang act; defines offenses; increases penalties;
provides for gang prevention programs in schools; establishes the criminal
street gang prevention fund; and develops a comprehensive approach to
protecting public interests from gang related crime and violence.
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S01701 Actions:

BILL NO    S01701 

01/14/2015 REFERRED TO CODES
01/26/2015 COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/26/2015 ORDERED TO THIRD READING CAL.43
02/02/2015 PASSED SENATE
02/02/2015 DELIVERED TO ASSEMBLY
02/02/2015 referred to codes
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S01701 Memo:

Memo not available
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S01701 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1701

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   January 14, 2015
                                      ___________

       Introduced  by Sens. GOLDEN, LANZA, BONACIC, CROCI, DeFRANCISCO, FELDER,
         GALLIVAN,  GRIFFO,  HANNON,  LARKIN,  LITTLE,  MARCELLINO,  MARCHIONE,
         MARTINS,  NOZZOLIO,  RANZENHOFER, RITCHIE, ROBACH, YOUNG -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Codes

       AN ACT to amend the civil practice law and rules,  the  penal  law,  the
         state  finance  law  and  the  education  law, in relation to defining
         offenses involving criminal street gangs, creating the criminal street
         gang prevention fund, and providing for gang  prevention  services  in
         schools

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  This act shall be known and may be cited as the "New  York
    2  State criminal street gang act".
    3    S  2.  Legislative  findings and purpose. The legislature hereby finds
    4  that preservation of public order and improvement of  individual  safety
    5  and  security can be improved by a comprehensive, targeted, and systemic
    6  enhancement of state laws applicable to criminal street gangs and  their
    7  activities  in  order  to  prevent  the growth of such gangs, facilitate
    8  prosecution and punishment of  their  members  for  unlawful  acts,  and
    9  punish those who solicit others to participate in such gangs and in acts
   10  of  gang-related  violence  and  unlawfulness  or who provide support or
   11  resources to those who commit or encourage the commission of such acts.
   12    The legislature therefore declares it to be  in  every  sense  in  the
   13  public   interest   to  establish  the  comprehensive  approach  to  the
   14  protection of public order and individual safety  enacted  by  this  act
   15  that  will enhance prosecution and punishment of the unlawful activities
   16  of criminal street gangs, prevent their growth and  ability  to  recruit
   17  members,  and  expand  effective  anti-gang  education  and intervention
   18  activities by the state and its localities.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02215-01-5
       S. 1701                             2

    1    S 3. Paragraph (g) of subdivision 2 of section 1349 of the civil prac-
    2  tice law and rules, as amended by chapter 398 of the laws  of  2004,  is
    3  amended to read as follows:
    4    (g)  Forty percent of all moneys realized through forfeiture which are
    5  remaining after distributions pursuant to paragraphs (a) through (f)  of
    6  this  subdivision,  to  the chemical dependence service fund established
    7  pursuant to section ninety-seven-w of the state finance law, EXCEPT THAT
    8  IN THE CASE OF ANY SUCH MONIES  REALIZED  THROUGH  FORFEITURE  RESULTING
    9  FROM  CONVICTIONS OBTAINED UNDER ARTICLE FOUR HUNDRED NINETY-FIVE OF THE
   10  PENAL LAW, SUCH FORTY PERCENT SHALL BE PAID  INTO  THE  CRIMINAL  STREET
   11  GANG  PREVENTION  FUND  ESTABLISHED  BY SECTION NINETY-SEVEN-LLLL OF THE
   12  STATE FINANCE LAW;
   13    S 4. The penal law is amended by adding a new title Y-1-A to  read  as
   14  follows:
   15                                 TITLE Y-1-A
   16                  OFFENSES INVOLVING CRIMINAL STREET GANGS
   17                                 ARTICLE 495
   18            CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
   19  SECTION 495.05 DEFINITIONS.
   20          495.10 ACCEPTING  THE  BENEFITS  OR  PROCEEDS OF CRIMINAL STREET
   21                   GANG ACTIVITY.
   22          495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
   23          495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET  GANG
   24                   IN THE THIRD DEGREE.
   25          495.25 SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG
   26                   IN THE SECOND DEGREE.
   27          495.30 SOLICITATION OF MINORS FOR PARTICIPATION  IN  A  CRIMINAL
   28                   STREET GANG.
   29          495.35 SOLICITATION  OF  MINORS  FOR PARTICIPATION IN A CRIMINAL
   30                   STREET GANG ON SCHOOL GROUNDS.
   31          495.40 SENTENCING.
   32  S 495.05 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
   33             MEAN AND INCLUDE:
   34    1. "CRIMINAL STREET GANG" MEANS  A  STREET  GANG  THAT  ENGAGES  IN  A
   35  PATTERN  OF  CRIMINAL  STREET  GANG  ACTIVITY FOR ITS BENEFIT OR FOR THE
   36  BENEFIT OF ONE OR MORE MEMBERS.  AS  USED  IN  THIS  ARTICLE,  THE  TERM
   37  "STREET  GANG"  MEANS AND INCLUDES ANY FORMAL OR INFORMAL ASSOCIATION IN
   38  FACT OF TWO OR MORE INDIVIDUALS  IDENTIFIED  BY  A  COMMON  NAME,  SIGN,
   39  DRESS, SYMBOLS, TATTOOS, OR OTHER MARK OR MARKINGS.
   40    2.  "PARTICIPATION IN A CRIMINAL STREET GANG" MEANS (A) THE COMMISSION
   41  OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY BY A PERSON FOR THE  PURPOSE
   42  OF  OBTAINING,  MAINTAINING  OR  INCREASING  SUCH PERSON'S POSITION IN A
   43  CRIMINAL STREET GANG, OR (B) THE  COMMISSION  OF  ANY  ACT  OF  CRIMINAL
   44  STREET GANG ACTIVITY AT THE DIRECTION OF OR WITH THE KNOWLEDGE OF TWO OR
   45  MORE  MEMBERS  OF  A  CRIMINAL  STREET  GANG, OR (C) KNOWINGLY USING THE
   46  ASSETS OF A CRIMINAL STREET GANG IN THE COMMISSION OF ANY ACT OF  CRIMI-
   47  NAL  STREET GANG ACTIVITY, OR (D) THE KNOWING RECEIPT OF ANY PROCEEDS OR
   48  BENEFITS, DIRECTLY OR INDIRECTLY, FROM THE  COMMISSION  OF  ANY  ACT  OF
   49  CRIMINAL  STREET GANG ACTIVITY, INCLUDING THE RECEIPT OF ANY SUBSTITUTED
   50  ASSET OBTAINED OR CONVERTED FROM PROCEEDS OF SUCH ACT.
   51    3. "PATTERN OF CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION  OF
   52  TWO OR MORE DISCREET ACTS OF CRIMINAL STREET GANG ACTIVITY, ONE OF WHICH
   53  OCCURRED  AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND THE LAST OF WHICH
   54  OCCURRED WITHIN THREE YEARS (EXCLUDING ANY PERIOD OF IMPRISONMENT) AFTER
   55  THE COMMISSION OF A PRIOR ACT OF CRIMINAL STREET GANG ACTIVITY. AS  USED
   56  IN  THIS  ARTICLE, "PATTERN OF CRIMINAL STREET GANG ACTIVITY" ALSO MEANS
       S. 1701                             3

    1  AND INCLUDES THE CONSPIRACY TO COMMIT, SOLICIT, ATTEMPT,  AID  AND  ABET
    2  THE COMMISSION OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY;
    3    4.  "CRIMINAL  STREET GANG ACTIVITY" MEANS ANY FELONY CRIMINAL OFFENSE
    4  DEFINED BY ANY OF THE FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:  SECTION
    5  120.00  (ASSAULT  IN  THE  THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE
    6  SECOND DEGREE); SECTION 120.06 (GANG  ASSAULT  IN  THE  SECOND  DEGREE);
    7  SECTION  120.07  (GANG  ASSAULT  IN  THE  FIRST  DEGREE); SECTION 120.10
    8  (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
    9  PERSON LESS THAN ELEVEN YEARS OLD);  SECTION  120.13  (MENACING  IN  THE
   10  FIRST  DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION
   11  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20  (RECKLESS  ENDAN-
   12  GERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN
   13  THE FIRST DEGREE); SECTION 121.12 (STRANGULATION IN THE SECOND  DEGREE);
   14  SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
   15  SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
   16  OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE);  SECTION
   17  125.27  (MURDER  IN  THE  FIRST  DEGREE);  SECTION 125.25 (MURDER IN THE
   18  SECOND DEGREE); SECTION 120.45 (STALKING IN THE FOURTH DEGREE);  SECTION
   19  120.50  (STALKING  IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN THE
   20  SECOND DEGREE); SECTION 120.60 (STALKING IN THE FIRST DEGREE);  SUBDIVI-
   21  SION  ONE  OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE
   22  OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SUBDIVISION
   23  ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH  (A)
   24  OF  SUBDIVISION  ONE  OF  SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE
   25  SECOND DEGREE); PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.70
   26  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL
   27  IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
   28  MENT  IN  THE  FIRST  DEGREE);  SECTION 135.20 (KIDNAPPING IN THE SECOND
   29  DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
   30  (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN  THE  FIRST
   31  DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
   32  140.15  (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMI-
   33  NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
   34  DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30
   35  (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
   36  FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
   37  SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
   38  (CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
   39  FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
   40  150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
   41  DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
   42  IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
   43  DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
   44  155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
   45  THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
   46  SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTIONS 210.10 AND 210.15
   47  (PERJURY);  SECTIONS  215.00,  215.05,  215.11,  215.12, 215.13, 215.15,
   48  215.16, 215.17, 215.19  (BRIBERY,  TAMPERING  WITH  A  JUROR);  SECTIONS
   49  220.06,  220.09, 220.16, 220.18, 220.21, 220.28, 220.31, 220.34, 220.39,
   50  220.41, 220.43,  220.44  (CONTROLLED  SUBSTANCE  SALE  AND  POSSESSION);
   51  SECTIONS 240.06, 240.15, 240.31, 240.32, 240.46, 240.55, 240.60, 240.61,
   52  240.62,  240.63,  240.71,  240.72,  240.73,  240.75  (RIOT  AND OFFENSES
   53  AGAINST PUBLIC ORDER); SECTION 240.25 (HARASSMENT IN THE FIRST  DEGREE);
   54  SUBDIVISION  ONE,  TWO, OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT
   55  IN THE SECOND DEGREE); SECTION 242.15 (HARMING A SERVICE ANIMAL  IN  THE
   56  FIRST  DEGREE);  SECTIONS  250.05,  250.45, 250.50, 250.60 (WIRETAPPING,
       S. 1701                             4

    1  UNLAWFUL SURVEILLANCE, AND  OFFENSES  AGAINST  THE  RIGHT  TO  PRIVACY);
    2  SECTION  270.20  (UNLAWFUL  WEARING OF A BODY VEST); AND SECTIONS 270.30
    3  AND 270.35 (UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE);  DRUG
    4  TRAFFICKING  FELONY  AS  DEFINED  IN  SUBDIVISION  TWENTY-ONE OF SECTION
    5  10.00; OR ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS
    6  CHAPTER: SECTION  120.03,  120.04,  120.04-A,  120.05,  120.08,  120.09,
    7  120.10,  120.11, 120.13, 120.18, 120.55, 120.60, 125.12, 125.13, 125.14,
    8  125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 135.65,  140.17,
    9  140.20,  140.25, 140.30, 145.00, 145.05, 145.10, 145.12, 145.60, 145.65,
   10  190.25,  190.26,  190.78,  190.79,  190.80,  190.80-A,  200.00,  200.02,
   11  200.03,  205.60, 205.65, 220.15, 230.19, 230.20, 230.25, 230.32, 230.33,
   12  OR 230.34; 265.11, 265.12, OR 235.13, AS SUCH PROVISIONS WERE IN  EFFECT
   13  PRIOR  TO THE ENACTMENT OF CHAPTER ONE OF THE LAWS OF TWO THOUSAND THIR-
   14  TEEN; ARTICLE ONE HUNDRED FIFTY-FIVE, ONE  HUNDRED  SIXTY,  TWO  HUNDRED
   15  TEN,  FOUR  HUNDRED  SEVENTY,  FOUR  HUNDRED EIGHTY-FIVE OR FOUR HUNDRED
   16  NINETY; OR ANY FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, ONE
   17  HUNDRED THIRTY-FIVE, ONE HUNDRED  FIFTY,  ONE  HUNDRED  SIXTY-FIVE,  TWO
   18  HUNDRED  FIFTEEN,  TWO  HUNDRED  FORTY, TWO HUNDRED FIFTY OR TWO HUNDRED
   19  SIXTY-THREE; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
   20  OFFENSES.
   21  S 495.10 ACCEPTING THE BENEFITS OR  PROCEEDS  OF  CRIMINAL  STREET  GANG
   22             ACTIVITY.
   23    A  PERSON  IS GUILTY OF ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL
   24  STREET GANG ACTIVITY WHEN SUCH PERSON KNOWINGLY ACCEPTS FROM A  CRIMINAL
   25  STREET  GANG  THE  BENEFITS  OR  PROCEEDS DERIVED FROM THE COMMISSION OF
   26  CRIMINAL STREET GANG ACTIVITY, OR OF ANY SUBSTITUTED ASSET  OBTAINED  OR
   27  CONVERTED FROM PROCEEDS OR BENEFITS DERIVED FROM SUCH ACT.
   28    ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL STREET GANG ACTIVITY IS
   29  A CLASS E FELONY.
   30  S 495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
   31    A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
   32  WHEN, ACTING AS A MEMBER OF A CRIMINAL STREET GANG, SUCH PERSON KNOWING-
   33  LY PROMOTES, FURTHERS, ASSISTS IN,  CONDUCTS,  FACILITATES,  OR  PARTIC-
   34  IPATES  IN THE COMMISSION OF CRIMINAL STREET GANG ACTIVITY, OR KNOWINGLY
   35  RECEIVES THE BENEFITS FROM CRIMINAL STREET GANG  ACTIVITY,  OR  USES  OR
   36  INVESTS THE INCOME, ASSETS, PROCEEDS, OR SUBSTITUTE PROCEEDS, FROM CRIM-
   37  INAL STREET GANG ACTIVITY FOR THE BENEFIT OF THE CRIMINAL STREET GANG.
   38    PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
   39  S 495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
   40             THIRD DEGREE.
   41    A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
   42  STREET GANG IN THE THIRD DEGREE IF  SUCH  PERSON  SOLICITS  OR  RECRUITS
   43  ANOTHER  TO PARTICIPATE IN A CRIMINAL STREET GANG, OR THREATENS A PERSON
   44  WITH PHYSICAL INJURY WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT  SUCH
   45  PERSON OR ANOTHER TO PARTICIPATE IN A CRIMINAL STREET GANG.
   46    SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE THIRD
   47  DEGREE IS A CLASS E FELONY.
   48  S 495.25 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
   49             SECOND DEGREE.
   50    A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
   51  STREET  GANG  IN  THE  SECOND DEGREE WHEN, WITH INTENT TO CAUSE PHYSICAL
   52  INJURY TO ANOTHER PERSON, SUCH PERSON CAUSES PHYSICAL INJURY TO  ANOTHER
   53  PERSON IN ORDER TO COERCE, INDUCE, OR SOLICIT SUCH PERSON TO PARTICIPATE
   54  IN A CRIMINAL STREET GANG.
   55    SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE SECOND
   56  DEGREE IS A CLASS D FELONY.
       S. 1701                             5

    1  S 495.30 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
    2             GANG.
    3    A  PERSON  IS  GUILTY OF SOLICITATION OF MINORS FOR PARTICIPATION IN A
    4  CRIMINAL STREET GANG WHEN HE OR SHE COMMITS, FACILITATES,  OR  CONSPIRES
    5  TO  COMMIT  THE  CRIME  OF  SOLICITATION FOR PARTICIPATION IN A CRIMINAL
    6  STREET GANG AND THE PERSON SOLICITED IS LESS THAN EIGHTEEN YEARS OF AGE.
    7    SOLICITATION OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  IS
    8  A CLASS D FELONY.
    9  S 495.35 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
   10             GANG ON SCHOOL GROUNDS.
   11    A PERSON IS GUILTY OF SOLICITATION OF MINORS FOR  PARTICIPATION  IN  A
   12  CRIMINAL  STREET  GANG ON SCHOOL GROUNDS WHEN HE OR SHE COMMITS, FACILI-
   13  TATES, OR CONSPIRES TO COMMIT THE CRIME OF SOLICITATION  OF  MINORS  FOR
   14  PARTICIPATION  IN  A  CRIMINAL  STREET GANG WHILE ON SCHOOL GROUNDS. FOR
   15  PURPOSES OF THIS  SECTION,  THE  TERM  "SCHOOL  GROUNDS"  MEANS  "SCHOOL
   16  GROUNDS"  AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS
   17  CHAPTER.
   18    SOLICITATION OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG  ON
   19  SCHOOL GROUNDS IS A CLASS C FELONY.
   20  S 495.40 SENTENCING.
   21    1.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
   22  NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE, AND ONE  OR  MORE  OF
   23  THE CRIMINAL STREET GANG ACTIVITIES CONSTITUTING SUCH PARTICIPATION IS A
   24  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE
   25  CRIME  OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED
   26  A VIOLENT FELONY OFFENSE.
   27    2. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
   28  NAL  STREET  GANG  ACTIVITY  PURSUANT  TO  THIS ARTICLE AND THE CRIMINAL
   29  STREET GANG ACTIVITY IS A MISDEMEANOR OR A CLASS C, D OR E  FELONY,  THE
   30  CRIME  OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED
   31  TO BE ONE CATEGORY HIGHER THAN THE CRIMINAL  STREET  GANG  ACTIVITY  THE
   32  DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
   33  APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
   34  COMMIT CRIMINAL STREET GANG ACTIVITY, WHICHEVER IS APPLICABLE.
   35    3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   36  CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
   37  PURSUANT  TO THIS ARTICLE AND THE UNDERLYING CRIMINAL STREET GANG ACTIV-
   38  ITY OR PATTERN OF CRIMINAL STREET GANG ACTIVITY IS A CLASS B FELONY:
   39    (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   40  SIX  YEARS  OF  IMPRISONMENT  IF  THE DEFENDANT IS SENTENCED PURSUANT TO
   41  SECTION 70.00 OF THIS CHAPTER;
   42    (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
   43  OF  IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02
   44  OF THIS CHAPTER;
   45    (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
   46  OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04
   47  OF THIS CHAPTER;
   48    (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   49  FOUR YEARS OF IMPRISONMENT IF THE DEFENDANT  IS  SENTENCED  PURSUANT  TO
   50  SECTION 70.05 OF THIS CHAPTER; AND
   51    (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
   52  DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS OF IMPRISONMENT  IF  THE
   53  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   54    4.  ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND-
   55  ING, WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
   56  NAL  STREET  GANG  ACTIVITY  PURSUANT  TO  THIS ARTICLE AND THE CRIMINAL
       S. 1701                             6

    1  STREET GANG ACTIVITY IS A CLASS A-1 FELONY, THE MINIMUM  PERIOD  OF  THE
    2  INDETERMINATE  SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISON-
    3  MENT.
    4    S  5. The state finance law is amended by adding a new section 97-llll
    5  to read as follows:
    6    S 97-LLLL. CRIMINAL STREET GANG PREVENTION FUND. 1.  THERE  IS  HEREBY
    7  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
    8  COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  OF  THE  MISCELLANEOUS
    9  SPECIAL  REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG PREVENTION
   10  FUND.
   11    2. THE CRIMINAL STREET GANG PREVENTION FUND SHALL  CONSIST  OF  MONEYS
   12  APPROPRIATED  THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
   13  AND MONEYS DEPOSITED THEREIN PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
   14  THIRTEEN  HUNDRED  FORTY-NINE OF THE CIVIL PRACTICE LAW AND RULES OR ANY
   15  OTHER SECTION OF LAW.
   16    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   17  BE EXPENDED TO SUPPORT THE CRIMINAL STREET GANG AND VIOLENCE  PREVENTION
   18  PARTNERSHIP PROGRAM ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED THIR-
   19  TEEN  OF  THE  EDUCATION LAW. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON
   20  THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED  OR
   21  APPROVED  BY THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, IN COLLAB-
   22  ORATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   23    S 6. The education law is amended by adding a new article 25  to  read
   24  as follows:
   25                                 ARTICLE 25
   26                               GANG PREVENTION
   27  SECTION 1210. GANG PREVENTION.
   28          1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES.
   29          1212. DRESS CODE CONCERNING GANG-RELATED APPAREL.
   30          1213. CRIMINAL  STREET  GANG AND VIOLENCE PREVENTION PARTNERSHIP
   31                  PROGRAM.
   32    S 1210. GANG PREVENTION. 1.  THE DEPARTMENT, AFTER  CONSULTATION  WITH
   33  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  REGARDING GANG VIOLENCE,
   34  SHALL:
   35    (A) PREPARE AND DISTRIBUTE TO  SCHOOLS  GUIDELINES  FOR  INCORPORATING
   36  IN-SERVICE  TRAINING  IN  GANG VIOLENCE INTO STAFF DEVELOPMENT PLANS FOR
   37  TEACHERS, COUNSELORS, ATHLETIC  DIRECTORS,  SCHOOL  BOARD  MEMBERS,  AND
   38  OTHER  EDUCATIONAL PERSONNEL, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL
   39  IN DEVELOPING COMPREHENSIVE GANG VIOLENCE IN-SERVICE TRAINING  PROGRAMS.
   40  TO  THE  MAXIMUM  EXTENT  POSSIBLE SUCH INFORMATION AND GUIDELINES SHALL
   41  ENCOURAGE SCHOOLS TO AVOID DUPLICATION OF EFFORT BY  SHARING  RESOURCES;
   42  ADAPTING  OR  ADOPTING  MODEL  IN-SERVICE  TRAINING PROGRAMS; DEVELOPING
   43  JOINT AND COLLABORATIVE PROGRAMS; AND COORDINATING EFFORTS WITH EXISTING
   44  GANG VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY AND CITY  LAW  ENFORCE-
   45  MENT  AGENCIES,  AND  OTHER  PUBLIC  AND PRIVATE AGENCIES PROVIDING GANG
   46  VIOLENCE PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL; AND
   47    (B) ASSIST SCHOOLS SEEKING TO QUALIFY FOR RECEIPT OF FEDERAL AND STATE
   48  FUNDS TO SUPPORT GANG VIOLENCE AND DRUG  AND  ALCOHOL  ABUSE  PREVENTION
   49  IN-SERVICE TRAINING PROGRAMS.
   50    2.  THE  TERM  "GANG  VIOLENCE  AND  DRUG AND ALCOHOL ABUSE PREVENTION
   51  IN-SERVICE TRAINING" AS USED IN THIS SECTION MEANS THE  PRESENTATION  OF
   52  PROGRAMS,  INSTRUCTION,  AND  CURRICULA THAT WILL HELP EDUCATORS DEVELOP
   53  COMPETENCIES IN INTERACTING IN A POSITIVE MANNER WITH CHILDREN AND YOUTH
   54  AND THEIR PARENTS TO ASSIST THEM  IN  DEVELOPING  THE  POSITIVE  VALUES,
   55  SELF-ESTEEM,  KNOWLEDGE,  AND  SKILLS TO LEAD PRODUCTIVE, GANG-FREE, AND
   56  DRUG-FREE LIVES, INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES OF
       S. 1701                             7

    1  GANG VIOLENCE AND SUBSTANCE  ABUSE,  AND  TRAINING  REGARDING  AVAILABLE
    2  INFORMATION AND RESOURCES CONCERNING GANG VIOLENCE.
    3    S  1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1. THE
    4  DEPARTMENT, IN COLLABORATION  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE
    5  SERVICES,  SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM FOR
    6  USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION
    7  OF THE CURRICULUM AND OF PUPIL OUTCOMES.
    8    2. IN DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN  CONJUNCTION  WITH
    9  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SHALL ASSESS THE CURRENT
   10  STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT-
   11  ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL
   12  PROVIDE OR MAINTAIN A HIGH  LEVEL  OF  SCHOOL  SAFETY  AND  ADDRESS  THE
   13  SCHOOL'S  PROCEDURES  FOR COMPLYING WITH EXISTING LAWS RELATED TO SCHOOL
   14  SAFETY.
   15    3. UPON REQUEST, THE  DEPARTMENT  SHALL  ASSIST  SCHOOL  DISTRICTS  IN
   16  DEVELOPING  COMPREHENSIVE  GANG  VIOLENCE  AND  DRUG  AND  ALCOHOL ABUSE
   17  PREVENTION IN-SERVICE TRAINING PROGRAMS.  SUCH GUIDELINES SHALL  TO  THE
   18  MAXIMUM  EXTENT  POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO SHARE RESOURCES,
   19  DEVELOP JOINT AND COLLABORATIVE PROGRAMS, AND  COORDINATE  EFFORTS  WITH
   20  OTHER EXISTING STATE AND LOCAL PROGRAMS.
   21    S   1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY  OTHER
   22  PROVISION OF ANY OTHER LAW TO THE  CONTRARY  NOTWITHSTANDING,  FOLLOWING
   23  PROCEDURES  ESTABLISHED  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF
   24  THIS CHAPTER, THE BOARD OF EDUCATION OR  THE  TRUSTEES,  AS  DEFINED  IN
   25  SECTION  TWO OF THIS CHAPTER, OF EVERY SCHOOL DISTRICT WITHIN THE STATE,
   26  HOWEVER CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
   27  COUNTY VOCATIONAL EXTENSION BOARD MAY ADOPT  OR  RESCIND  A  DRESS  CODE
   28  POLICY  THAT  REQUIRES PUPILS TO WEAR A SCHOOL-WIDE UNIFORM OR PROHIBITS
   29  PUPILS FROM WEARING "GANG-RELATED APPAREL".
   30    S 1213. CRIMINAL  STREET  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP
   31  PROGRAM. 1. THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIMI-
   32  NAL  JUSTICE  SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR PROGRAMS
   33  FROM THE CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED  PURSUANT  TO
   34  SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL
   35  BE  DISBURSED  TO  NON-PROFIT  AGENCIES  THAT  COMPLY  WITH  THE PROGRAM
   36  REQUIREMENTS AND WHO MEET FUNDING CRITERIA.
   37    2. GRANTS DISBURSED PURSUANT TO THIS SECTION MAY ENHANCE BUT SHALL NOT
   38  SUPPLANT LOCAL, STATE, OR FEDERAL FUNDS THAT WOULD OTHERWISE  BE  AVAIL-
   39  ABLE  FOR  THE PREVENTION OR INTERVENTION OF YOUTH INVOLVEMENT IN GANGS,
   40  CRIME, OR VIOLENCE. GRANTS SHALL BE AWARDED PURSUANT TO  A  REQUEST  FOR
   41  PROPOSALS  THAT  INFORMS  APPLICANTS OF THE PURPOSES AND AVAILABILITY OF
   42  FUNDS TO BE AWARDED AND SOLICITS PROPOSALS TO PROVIDE SERVICES  CONSIST-
   43  ENT WITH THIS ARTICLE. AGENCIES RECEIVING FUNDS PURSUANT TO THIS SECTION
   44  SHALL  UTILIZE  THE FUNDS TO PROVIDE SERVICES AND ACTIVITIES DESIGNED TO
   45  PREVENT OR DETER AT-RISK YOUTH FROM  PARTICIPATING  IN  GANGS,  CRIMINAL
   46  ACTIVITY,  OR  VIOLENT BEHAVIOR. SUCH FUNDS MAY NOT BE USED FOR SERVICES
   47  OR ACTIVITIES RELATED TO SUPPRESSION, LAW ENFORCEMENT, INCARCERATION, OR
   48  OTHER PURPOSES NOT RELATED TO THE PREVENTION AND  DETERRENCE  OF  GANGS,
   49  CRIME,  AND  VIOLENCE.  NOTHING  IN THIS SUBDIVISION SHALL PREVENT FUNDS
   50  FROM BEING USED  FOR  VIOLENCE  PREVENTION  AND  GANG  CRIME  DETERRENCE
   51  SERVICES  PROVIDED BY NONPROFIT AGENCIES TO YOUTHS INCARCERATED IN JUVE-
   52  NILE DETENTION FACILITIES. SERVICES AND ACTIVITIES PROVIDED  WITH  FUNDS
   53  UNDER  THIS  SECTION  SHALL BE USED FOR AT-RISK YOUTH WHO ARE DEFINED AS
   54  PERSONS FROM AGE FIVE TO TWENTY YEARS OF AGE  AND  WHO  ARE  CURRENT  OR
   55  FORMER  GANG  MEMBERS,  OR WHO HAVE ONE OR MORE FAMILY MEMBERS LIVING AT
   56  HOME WHO ARE CURRENT OR FORMER MEMBERS OF A GANG.
       S. 1701                             8

    1    3. THE DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE  CRIMINAL  STREET
    2  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP  PROGRAM AFTER TWO YEARS OF
    3  PROGRAM OPERATION AND EACH YEAR THEREAFTER, TO ASSESS THE  EFFECTIVENESS
    4  AND  RESULTS  OF THE PROGRAM. THE EVALUATION SHALL BE CONDUCTED BY STAFF
    5  OR  AN INDEPENDENT BODY THAT HAS EXPERIENCE IN EVALUATING PROGRAMS OPER-
    6  ATED BY COMMUNITY-BASED ORGANIZATIONS OR NONPROFIT AGENCIES.  AFTER  TWO
    7  YEARS  OF  PROGRAM  OPERATION,  AND EACH YEAR THEREAFTER, THE DEPARTMENT
    8  SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE  DESCRIBING
    9  IN DETAIL THE OPERATION OF THE PROGRAM AND THE RESULTS OBTAINED.
   10    4.  THE  COMMISSIONER  SHALL  ADDITIONALLY BE EMPOWERED TO DEVELOP AND
   11  IMPLEMENT AN  EDUCATIONAL  PROGRAM,  COORDINATED  WITH  THE  EDUCATIONAL
   12  PROGRAM  AUTHORIZED PURSUANT TO SECTION FIFTEEN-B OF THE CORRECTION LAW,
   13  WHICH SHALL BE KNOWN AS THE DEPARTMENT OF CORRECTIONS GANG EDUCATION AND
   14  PREVENTION PROGRAM, WHEREBY INMATES CAN RECEIVE  INSTRUCTION  CONCERNING
   15  THE  IMPACT  OF  AND RISKS ASSOCIATED WITH GANG AFFILIATION, AND RECEIVE
   16  SUPPORT SERVICES IN RELATION TO THE CESSATION OF  GANG  MEMBERSHIP.  THE
   17  COMMISSIONER  SHALL  BE  EMPOWERED  TO  PROMULGATE RULES AND REGULATIONS
   18  NECESSARY TO EFFECTUATE THIS PROGRAM. THE PROGRAM SHALL BE  FUNDED  FROM
   19  THE  CRIMINAL  STREET  GANG  PREVENTION FUND OR FROM ANY OTHER APPROPRI-
   20  ATIONS MADE OR FUNDS OTHERWISE MADE AVAILABLE TO SUCH PROGRAM.
   21    S 7. Severability. If any clause, sentence, paragraph, section or part
   22  of this act shall be adjudged by any court of competent jurisdiction  to
   23  be  invalid,  such  judgment  shall not affect, impair or invalidate the
   24  remainder thereof, but shall be confined in its operation to the clause,
   25  sentence, paragraph, section or part thereof directly  involved  in  the
   26  controversy in which such judgment shall have been rendered.
   27    S  8. This act shall take effect on the first of January next succeed-
   28  ing the date on which it shall have become a law.
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