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- Referred to codes
- Referred to codes
Full text
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Title of bill
An act to amend the penal law, in relation to criminal street gang activity on school grounds
Purpose
To establish the crime of criminal street gang recruitment on school grounds.
Summary of provisions
Section 1 amends Section 460.10 of the Penal Law by adding subdivisions 5, 6, 7 and 8. These additions create a definition for "criminal street gang" and establish multiple criteria that an individual must meet in order to be positively identified as a "criminal street gang member," and creates a definition for "criminal street gang activity."
Section 2 amends the Penal Law by adding new sections 460.65 and 460.66, creating the crime of criminal street gang recruitment on school grounds in the second and first degrees. This section also adds a new section 460.67, which makes provisions for subsequent violations of sections 460.65 and 460.66 within a ten-year period.
Section 3 amends Section 70.40 of the Penal Law to add a new subdivision 4. This will permit, as a condition of release on parole for an individual incarcerated for violating Sections 460.65 or 460.66, a prohibition on that individual from associating with a "criminal street gang" as identified in section 460.10 of the Penal Law.
Section 4 allows for local governments to adopt and enforce laws that relate to criminal street gang recruitment on school grounds.
Section 5 establishes the severability of the provisions of this act if any part or provision thereof is found to be invalid.
Section 6 establishes an effective date.
Justification
Criminal street gangs, seeking to expand the scope of their activities, are constantly seeking to recruit new members into their hierarchy. Increasingly, these gangs have turned to schools as a potential source for new members. There are benefits for the gang members staying in their neighborhood schools. A 1991 study reported that an overwhelming majority of members wanted to stay in school because they could congregate and discuss their activities in a social arena, uphold their reputation as an established gang, flaunt their gang status, display their strength of membership, provide protection for their members, intimidate other students, recruit potential members, and sometimes engage in criminal or violent acts. Of course, these benefits for the gang have negative consequences for all students, school personnel, school safety, and the overall educational process. In seeking to recruit new members, these gangs create an environment of fear and intimidation among students, disrupt the educational function of a school and endanger the safety of teachers and school employees. Additionally, these gangs often target for recruitment those at-risk students who are most in danger of being inducted into a gang and who can least afford to face a disruption to their education. This bill would establish the new crime of gang recruitment on school grounds to establish a deterrent effect against these activities, as well as deny these criminal enterprises a pool of potential new members.
Legislative history
2007-08 - S.3872 Referred to Codes 2005-06 - S.1926 Referred to Codes 2004 - S.851 Passed Senate 57-4 2003 - S.851 Passed Senate 57-1 2002 - S.854 Passed Senate 58-3 2001 - S.854 Referred to Codes 2000 - S.7382-A Passed Senate 60-1
Fiscal implications
None.
Effective date
This act shall take effect on the first day of November following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.