Creates crimes relating to solicitation of persons in criminal street gang activity and provides penalties

Title of bill

An act to amend the penal law, in relation to creating the crimes of solicitation or recruitment of persons in criminal street gang activity

Purpose

To establish the crime of soliciting or recruiting another to join or participate in a criminal street gang. In any case in which the offender solicits a minor to participate in criminal street gang activity the offender is subject to an extended term of imprisonment.

Summary of provisions

Section 1 adds two new sections to the Penal Law. Section 100.23 creates the new crime of solicitation or recruitment of persons in criminal street gang activity. Section 100.23 also creates a definition for "criminal street gang" and establishes multiple criteria that an individual must meet in order to be positively identified as a "criminal street gang member." Section 100.25 creates the crime of solicitation or recruitment of minors in criminal street gang activity.

Section 2 allows for local laws that relate to criminal street gang recruitment; establishes that this bill does not preempt any local law.

Section 3 establishes the severability of this act when it is applied to multiple persons or multiple circumstances.

Section 4 establishes an effective date.

Justification

Criminal street gangs, assembled for the principal purpose of engaging in unlawful activity, are constantly seeking to recruit new members into their hierarchy. Gang members regularly recruit others to participate in their criminal practices through threats, intimidation and actual physical violence. Such recruitment is undertaken with the intent of requiring a person to commit a range of crimes to join or retain membership in a street gang.

Minors are particularly vulnerable and are often forced into criminal activity as a means of gang initiation. Minors can fall prey to such incitement and intimidation in their high schools and local neighborhoods. The active recruitment of minors in these environments is a growing trend which requires a strong response.

Just as gang recruitment helps to perpetuate a strong gang presence, targeting the activities of those who seek out new members will severely weaken criminal gang structure. Holding accountable those who solicit or recruit gang members brings gang recruiters within the remit of the law and protects minors from this form of exploitation. This bill seeks to effectively deter gang recruitment and punish those who seek to employ others for their criminal ends.

Legislative history

2003-2004: S.6704/A.9955 2005-2006: S.1927/A.3066-A 2007-2008: S.3077/A.2428 (Passed Senate)

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 a law.