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History
- Referred to codes
- Committee discharged and committed to codes
- Referred to finance
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, the education law and the tax law, in relation to enacting the "New York safe neighborhood and investment act of 2009"; and making an appropriation therefor
Purpose
To secure and protect communities from gang violence and recruitment, and to invest in after-school programs, college loan access and promote community volunteerism and service.
Summary of provisions
Section 1 establishes a short title.
Read the full memo (711 words)
Section 2 adds a new article 280 to the Penal Law, in relation to criminal street gang activity.
* Section 280.00 of the bill sets forth the definitions of "criminal street gang," and "pattern of criminal, gang activity."
* Section 280.05 creates the crime of participation in a street gang in the second degree. The commission of this crime would constitute a class A misdemeanor.
* Section 280.10 creates the crime of participation in a street gang in the first degree. The commission of this crime would constitute a class E felony.
* Section 280.15 creates the crime of participation in a street gang on or near school grounds. The commission of this crime would constitute a class E felony.
* Section 280.20 creates the crime of furthering a street gang in the third degree. The commission of this crime would constitute a class A misdemeanor.
* Section 280.25 creates the crime of furthering a street gang in the second degree. The commission of this crime would constitute a class E felony.
* Section 280.30 creates the crime of furthering a street gang in the first degree. The commission of this crime would constitute a class D felony.
* Section 280.35 creates the crime of furthering a street gang on or near school grounds. The commission of this crime would constitute a class C felony.
* Section 280.40 creates the crime of coercing another to participate in or further a street gang in the second degree. The commission of this crime constitutes a class E felony.
* Section 280.45 creates the crime of coercing another to participate in or further a street gang in the first degree. The commission of this crime constitutes a class D felony.
* Section 280.50 creates the crime of coercing another to participate in or further a street gang on or near school grounds. The commission of this crime constitutes a class C felony.
* Section 280.55 sets forth certain limitations regarding sentences imposed upon convictions for crimes set forth in this article.
Section 3 adds a new section 319 to the Education Law which creates neighborhood quality of life community service provision by offering college credit in SUNY and community college institutions.
Section 4 amends section 1456 of the Tax Law by offering safe neighborhood investment credit. The credit shall be equal to 25% of the sum of investments herein: Education fees, donations to after-school programs.
Section 5 appropriates the sum of fifty million dollars to the Office of Children and Family Services for "Advantage After School programs." Such appropriation may be used for providing education and outreach program for children in grades two through nine on gang awareness, affiliation, violence and activities.
Section 6 establishes an effective date.
Justification
The citizens of New York State have suffered at the hands of an increased number of violent street gangs whose members threaten, terrorize and commit a multitude of crimes against peaceful citizens, their neighborhoods and schools.
The objective of this legislation is to secure and protect communities from gang violence and recruitment, and to invest in community infrastructure. This act is intended to invest in after-school programs, teach children in grades 2 through 9 the dangers of gang membership, recruitment and violence. Lastly, criminal penalties are exacted towards gang furtherance and recruitment, and violence. The act helps to facilitate college loan access and also to promote community service for college credit.
Legislative history
Senate: 2007-08: S.3863 Referred to Finance 2004: S.6583 Referred to Codes 2005-06: S.1928 Referred to Codes
Assembly: 2004: A.10106 (Weisenberg) Referred to Codes 2005-06: Referred to Codes
Fiscal implications
An appropriation of $50 million is made to the Office of Children and Family Services to implement the provisions of this act.
Effective date
This act shall take effect on November 1.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.