Add Title Y-2 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7983
SPONSOR: Lentol (MS) TITLE OF BILL: 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
PURPOSE:
To provide a comprehensive statutory framework for the prosecution and
prevention of criminal street gang activity.
SUMMARY OF PROVISIONS:
Section 1. Short title: the "New York State criminal street gang
enforcement and prevention act:'
§ 2. Legislative findings and purpose.
§ 3. Forfeiture. Amends paragraph (g) of subdivision two of section 1349
of CPLR to apply similar 40% forfeiture provisions for property seized
under the new gang provisions as for chemical dependence, funds to be
deposited in the new criminal street gang prevention fund created by
this act and to be used for grants to schools for criminal street gang
prevention.
§ 4. Penalties & definitions. Creates Title Y-2 in the Penal Law,
Offenses Involving Criminal Street Gangs, and new Article 495, the Crim-
inal Street Gangs Enforcement And Prevention Act:
Definitions (§ 495.05).
1. Criminal street gang - a street gang that engages in criminal street
gang activity for its benefit or for the benefit of one or more members.
"Street gang" is an association in fact of two or more individuals iden-
tified by a common name, sign, dress, symbols, tattoos, or other mark or
markings.
2. Participation in a Criminal Street Gang means a) committing an act of
criminal street gang activity to obtain, maintain or increase position
in a criminal street gang; h) committing any act of criminal street gang
activity at the direction of or with the knowledge of two or more
members of a criminal street gang; c) knowingly using the assets of a
criminal street gang in the commission of any act of criminal street
gang activity, d) knowing receipt of any proceeds or benefits from the
commission of any act of criminal street gang activity.
3. Pattern of criminal street gang activity means the commission of two
or more discreet acts of criminal street gang activity within three
years, including the conspiracy to commit, solicit, attempt, or aid and
abet the commission of any act of criminal street gang activity;
4. Criminal street gang activity includes the crimes that constitute
criminal street gang activity. Importantly, this definition does not
affect the application of the included criminal statutes, rather it
includes them in the kinds of activities deemed criminal street gang
activity. Regarding guns, and gun crimes, the crimes included are crimi-
nal sale of a firearm in the third degree (265.11), second (265.12), and
first degree (265.13), as such statutes were in effect prior to the
passage of the SAFE Act.
Crimes
*New Class E felonies:
-§ 495.10 Accepting the benefits or proceeds of criminal street gang
activity. Knowing accepting from a criminal street gang the benefits or
proceeds from criminal street gang activity, or of any substituted asset
obtained or converted.
-§ 495.15 Participation in criminal street gang activity. Acting as a
member of a criminal street gang, a person knowingly promotes, furthers,
assists in, conducts, facilitates, or participates in commission of
criminal street gang activity, or knowingly receives the benefits from
such activity, or uses or invests the income, assets, proceeds, or
substitute proceeds, from criminal street gang activity for the benefit
of the criminal street gang.
-§ 495.20 Solicitation for participation in a criminal street gang in
the third degree. Soliciting or recruiting a person or threatening phys-
ical injury to participate in a criminal street gang.
*New Class D felonies
-§ 495.25 Solicitation for participation in a criminal street gang in
the second degree. Intending to cause and causing physical injury to
another person in order to coerce, induce, or solicit such person to
participate in a criminal street gang.
-§ 495.30 Solicitation of minors for participation in a criminal street
gang. Soliciting a person less than 18 years old.
* New Class C felonies
-§ 495.35 Solicitation of minors for participation in a criminal street
gang on school grounds. Soliciting minors per 495.30 on school grounds.
§ 495.40 Sentencing. Enhanced sentencing provisions for persons
convicted of participation in criminal street gang activity, depending
on the status of the underlying specific offenses:
*If a person is convicted of participation in criminal gang activity,
and at least one of the criminal gang activities is a violent felony
offense, the crime of participation in criminal street gang activity
shall also be deemed a violent felony offense.
*Where the criminal street gang activity offense is a misdemeanor or
class "A", "0", or "E" felony, the crime of participation in criminal
street gang activity is deemed one category higher than the offense the
defendant committed.
*Where the crime is a class "B" felony, the minimum prison term will
depend on which section of the Penal Law the defendant is sentenced
under, and would range from a minimum of four years to a minimum of
twelve years in prison.
* Fourth, if the criminal street gang activity offense is a class "A-1"
felony, the minimum sentence would be twenty years.
§ 5. Criminal street gang prevention fund as section 97-1111 in state
finance law to receive appropriations, forfeitures, or other transfers.
After appropriation, the monies may be used to support the criminal
street gang and violence prevention partnership program, created in the
State Education Department by this act.
§ 6. Gang prevention programs. The education law is amended by adding a
new article 25 Gang Prevention. It includes creation of Model gang
violence curriculum, dress code concerning gang-related apparel, and the
criminal street gang and violence prevention partnership program.
§ 7. Severability.
EXISTING LAW:
Current law contains crimes for gang assault but no comprehensive gang
prevention program. The Organized Crime Control Act of Title X of the
Penal Law applies to different conduct than that addressed by this bill.
JUSTIFICATION:
The threat of violence and the disruption of public order and safety
presented by criminal street gangs has reached a crisis point that
threatens the right of residents of this State to be secure and
protected from fear, intimidation, and physical harm. The crimes
committed by street gang are all too well-known by many New Yorkers, and
range from petty crimes to murder and sexual assault. The damage done by
criminal street gangs, however, cannot be measured merely by the toll
they take on the victims of such crimes. Rather, the effects of crimi-
nal street gangs are far more insidious, and poison entire communities.
it is in the public interest to establish a comprehensive approach to
the protection of protect public order and individual safety from crimi-
nal street gangs and gang-related violence. This bill establishes such a
comprehensive approach by increasing penalties for gang-related
violence, creating anti-crime programs that focus on patterns of crimi-
nal gang activity and organization, expanding education and intervention
to prevent the growth of criminal street gangs, and establishing an
ongoing system of tracking criminal gang activity.
LEGISLATIVE HISTORY:
S.1742A of 2012 - Passed Senate
S.7929 of 2010 - Referred to Codes
FISCAL IMPLICATIONS:
To be determined,
EFFECTIVE DATE:
This act shall take effect January 1 of the year next succeeding its
enactment.
