Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony as part of a street gang

4 Co-sponsors

• John A. DeFrancisco
• Jeffrey D. Klein
• William J. Larkin Jr.
• George D. Maziarz

BILL NUMBER:S1404

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to street gang crimes

Purpose or general idea of bill

Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony as part of a street gang.

Summary of specific provisions

Section 1 amends the penal law by adding a new article 475 to define street gang crime as group of two or more who share common characteristics and collaborate on crimes and require during sentencing:

a) additional 2 (mandatory minimum) to 5 years based on judge's discretion for offenses committed as part of a gang

b) additional 10 years for any violent crimes

Section 2 amends the criminal procedure law subdivision 7 of section 200.50 adding a new paragraph to allow for enhanced penalties.

Section 3 sets effective date as 1st of November succeeding the date the bill shall become law.

Justification

The need to address the rising criminal activity that has been attributed to street gangs has become evident. Although reports concerning the level of gang activity in New York are conflicting, no one can deny that gang violence has become a reality in New York. It is no longer uncommon for gangs to solicit youngsters in elementary schools to join their criminal activity. Tougher, new laws are required to break up these gangs. It is time to start going after gangs as we did with organized crime.

Gang violence hurts especially smaller cities. A study of troubled youth in Rochester showed that gang members accounted for 68 percent of all the violent acts of delinquency among the youths studied in that city. Gang violence, however, also spread across suburban communities in New York State. Best estimates put gang membership at 3,000 to 5,000 in more than 42 gangs in Nassau County with as many or more members in Suffolk County, according to 2004 Caught in the Crossfire: Arresting Long Island Gang Violence by Investing in Kids report by FIGHT CRIME: INVEST IN KIDS, a national, bipartisan, nonprofit anti-crime organization.

New York is one of the few states that does not provide additional tools to law enforcement and to the courts to fight the recruitment, retention and coercion of gang members to Continue to expand their illegal enterprises. This legislation would require enhanced Sentences for crimes committed by gang members. Such legislation would offer a deterrent for teens to join the gangs and especially to commit crimes as part of the

gang. This would also help to deter teens by educating them about such laws. Laws similar to this one are very successful in California, New Jersey, and Florida.

Prior legislative history

2005-2006 - S.7208-B/A.10268-C Passed Senate 2007-2008 - S.3832/A.1687 2009-2010 - S.6740/A.7703

Fiscal implications

None.

Effective date

This bill shall become effective on the 1st of November succeeding the date the bill shall become law.