Provides for the forfeiture of the proceeds derived from criminal street gang enterprise activity

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the civil practice law and rules, in relation to disposition of forfeiture moneys where the person against whom a forfeiture action is commenced is a member of a criminal street gang enterprise

Purpose or general idea of bill

To provide moneys to local school districts to establish or maintain after-school programs designed to deter or prevent youths from associating with or joining street gangs. This bill would provide funds by utilizing assets seized from gang members and associates.

Summary of specific provisions

Section 1310 of the civil practice law and rules is amended by adding four new subdivisions 15, 16, 17 and 18 which define "street gang", "street gang member" and "street gang associate" and "street gang activity". Subdivision 2 of Section 1349 of the civil practice law and rules is amended by adding a new paragraph (i) to provide that after disbursement of forfeited assets pursuant to paragraphs (a) through (g) of this section, if a defendant subject to forfeiture is a "street gang member" or "street gang associate" seventy-five percent of any remaining seized assets shall be distributed to the defendant's local school district. After this distribution, fifteen percent of the remaining assets shall be distributed to law enforcement with the remaining ten percent distributed to the prosecution services subaccount.

Effects of present law which this bill would alter

Present law provides that after distribution pursuant to Section 1349 (a) through (g) of the civil practice law and rules seventy-five percent of any remaining funds shall be distributed to a law enforcement subaccount with the remaining twenty-five percent distributed to a prosecution services subaccount. This bill would not alter this distribution scheme except in cases where the forfeited assets are from a known "gang member" or "gang associate". In this case seventy-five percent of the remaining assets after distribution pursuant to section 1349 (a) through (g) shall be distributed to local school districts to establish or maintain programs designed to prevent or deter youths from joining gangs.

The remaining funds would be distributed at fifteen percent to the law enforcement subaccount with the remaining ten percent being distributed to the prosecution services subaccount.

Justification

New York State as a whole, and the City of New York in particular, has seen a dramatic rise in gang violence. Gangs destroy communities and corrupt youths. Gang members engage in acts of violence against rival gangs and innocent citizens in neighborhoods where they operate. They commit violent and illegal activities such as murder, drug dealing, robbery, rape and vandalism. There have recently been several incidents where gang associates' initiation into the gang consisted of slashing innocent victims with boxcutters. New York State must combat this alarming rise in gang activity. One positive step that communities can take is to provide youths with alternatives to joining gangs. After-school academic and sports programs can provide youths with a safe environment, positive role models and positive reinforcement for socially acceptable activities. Youths who receive this positive reinforcement are less likely to join gangs. This bill would provide funding at the local level for these important programs from the very gang members that are destroying these communities. Essentially, gang members and associates would help to fund their own destruction. PRIOR LEGISLATIVE HISTORY : S.2505 of 2008 01/09/08 REFERRED TO CODES

Fiscal implications for state and local governments

Unknown at the present time.

Effective date

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