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A05853 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                      March 2, 2011
        Introduced  by  M.  of A. P. RIVERA, HEVESI, WEISENBERG, ABBATE, MAISEL,
          Sponsored  by  --  M.  of  A. ARROYO, BURLING, CONTE, GIGLIO, GUNTHER,
          MAGEE, McKEVITT, MILLMAN, PHEFFER, RAIA,  SWEENEY  --  read  once  and
          referred to the Committee on Codes

        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to the crime of engaging in criminal street gang activity
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 240.75 to
     2  read as follows:
     3  § 240.75 Engaging in criminal street gang activity.
     4    1. As used in this section, "criminal street gang" means  a  group  of
     5  three  or  more  persons  having as one of its substantial activities or
     6  purposes the commission of one or more of the following crimes:
     7    (a) any misdemeanor or felony offense defined in article  one  hundred
     8  twenty,  one  hundred twenty-five, one hundred thirty, one hundred thir-

     9  ty-five, one hundred forty, one hundred forty-five, one  hundred  fifty,
    10  one  hundred  fifty-five, one hundred sixty, one hundred sixty-five, two
    11  hundred fifteen, two hundred twenty, two hundred twenty-one, two hundred
    12  twenty-five, two hundred thirty or two hundred sixty-five of this  chap-
    13  ter; or
    14    (b)  harassment  in  the  first or second degree as defined in section
    15  240.25 or 240.26 of this article, respectively; or
    16    (c) aggravated harassment in the first or second degree as defined  in
    17  section 240.30 or 240.31 of this article, respectively.
    18    2.  A  person  is  guilty of engaging in criminal street gang activity
    19  when he or she, being a member of a criminal street gang  or  acting  in

    20  concert  with  a member of a criminal street gang, engages in any of the
    21  following activities:
    22    (a) solicitation of another to join a criminal street gang;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5853                             2
     1    (b) deterring or attempting to deter another from leaving  a  criminal
     2  street gang;
     3    (c)  concealing  or  attempting to conceal any of the following activ-
     4  ities or crimes of one or more members of a criminal  street  gang:  (i)
     5  any of the activities set forth in paragraphs (a) and (b) of this subdi-

     6  vision, (ii) any of the crimes set forth in paragraph (a), (b) or (c) of
     7  subdivision  one  of  this  section,  (iii)  commerce  in any controlled
     8  substance or marihuana, the possession of which is an offense under  the
     9  public  health law or this chapter, or (iv) any other unlawful activity;
    10  or
    11    (d) exercising or attempting to exercise control over an  identifiable
    12  geographic  area by taking actions reasonably construed to intimidate or
    13  prevent persons from entering such an area or an adjacent area,  includ-
    14  ing  without  limitation  marking  such area in a manner to indicate the
    15  intent to exercise control over the area.
    16    Engaging in criminal street gang activity is a class A misdemeanor.

    17    § 2. Subdivision 8 of section 700.05 of the criminal procedure law  is
    18  amended by adding a new paragraph (u) to read as follows:
    19    (u)  Engaging  in criminal street gang activity, as defined in section
    20  240.75 of the penal law.
    21    § 3. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.
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