Defines "criminal street gang" and prohibits criminal street gang recruitment of a minor

1 Multi-sponsor

• Thomas Alfano

BILL NUMBER:A9971 REVISED 3/3/10

Title of bill

An act to amend the penal law, in relation to the crime of criminal street gang recruitment of a minor

Purpose or general idea of bill

To create the crime of criminal street gang recruitment of a minor.

SUMMARY OF SPECIFIC PROVISIONS:. Section 1. Section 460.10 of the penal law is amended by adding a new subdivision 5. "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activ- ities the commission of one or more criminal acts, which has an iden- tifiable name or identifying sign or symbol, and whose members individ- ually or collectively engage in or have engaged in criminal street activity.

Section 2. The penal law is amended by adding a new section 460.65. 460.65 Criminal street gang recruitment of a minor. A person guilty of criminal street gang recruitment of a minor when he or she coerces, solicits, recruits or induces a person under sixteen years of age to join or remain a member of a criminal street gang, or conspires to do so, Criminal street gang recruitment of a minor is a class C felony.

Justification

Gangs clearly pose a significant threat to community safety. From January to mid-October 2009, there were approximately 200 gang-motivated incidents in New York City. These incidents not only affect gang members but often involve innocent victims who are in the wrong place at the wrong time. Among these incidents, was the awful shooting of Bronxite Ms. Vada Vasquez. On November 16, 2009, a bullet pierced Ms. Vasquez's skull while she was standing outside of her Morri- sania school. The stray bullet that stuck Ms. Vazquez was a direct result of gang violence. Luckily, Ms. Vasquez survived the shooting, but there are countless tragedies where the victims do not survive.

In order to combat the influence that gangs have on our youth, it is time that we punish those that actively recruit new members. This legis- lation would target recruiters of street gangs by creating the crime of gang recruitment of a minor. A person who is found guilty of criminal street gang recruitment when he or she coerces, recruits or induces a person under sixteen years of age to join their gang will be charged with a class C felony.

Prior legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have , become law.