Enacts the criminal street gangs enforcement and prevention act; repealer

Summary of provisions

Creates Title Y-2 of the Penal Law that governs offenses involving criminal street gangs.

Sets forth new penalties and sentencing enhancements for participation in criminal gang activities:

Participation in a criminal street gang

Class A Misdemeanor for participation in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity.

Participation in criminal street gang activity

E Felony if a person willfully and knowingly promotes, furthers, assists in, conducts, or participates in the affairs of a criminal street gang by participating in a pattern of criminal street gang activity, or knowingly invests proceeds derived from criminal street gang activity, or proceeds derived from the investment or use of those proceeds, in an enterprise.

Solicitation for participation in a criminal street gang

E felony if a person solicits or recruits another to actively participate in a crimi- nal street gang; or threatens a person with physical violence with the intent to coerce, induce, or solicit such person or another to partic- ipate in a criminal street gang; or uses physical violence to coerce, induce, or solicit another person to participate in a criminal street gang.

SOLICITATION OR RECRUITMENT OF MINORS for participation in a criminal Street Gang. D felony if a person commits the crime of solicitation for participation in a criminal street gang and the person solicited or recruited is less than eighteen years of age.

SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS:

C felony if the crime of solicitation or recruitment of minors for participation in a Criminal Street Gang occurs on school grounds.

PROVIDES STEPPED UP SENTENCING FOR CERTAIN CRIMES COMMITTED AS PART OF GANG ACTIVITY

Abatement of premises used for criminal street an activity

Allows abatement and damages if a building or place is used by members of a criminal street gang for the purpose of engaging in a pattern of criminal gang activity, except that the court cannot assess a civil penalty against any person unless that person knew or should have known of the unlawful acts committed on or in the premises. Requires that damages be used for neighborhood improvement.

* Creates a fund and requires that forfeiture of monies from criminal gang activities be placed in it.

* Money is allocated to the support of the Criminal Street Gang Violence Prevention Program created by this act.

* Creates the Gang Prevention program in the Education Department that includes in-service training for school personnel,

* Allows establishment of Dress Code regarding Gang-related Apparel by school districts.

Allows the governing board of any school district to adopt or rescind a reasonable dress code policy that requires pupils to wear a school wide uniform or prohibits pupils from wearing "gang-related apparel" if the governing board of the school district approves a plan that may be initiated by an individual school's principal, staff, and parents and determines that the policy is necessary for the health and safety of the school environment.

CREATES THE CRIMINAL STREET GANG AND VIOLENCE PREVENTION PARTNERSHIP GRANT PROGRAM to provide services and activities designed to prevent or deter at-risk youth from participating in gangs, criminal activity, or violent behavior.

Justification

The threat of violence and the disruption of public order and safety presented by criminal street gangs has reached a crisis point that threatens the right of residents of this state to be secure and protected from fear, intimidation, and physical harm. There have been recent reports of gang members recruited girls as young as 15 years of age to serve in gangs. These girls were forced to work as teen pros- titutes to make money for the gang.

It is in the public interest to establish a comprehensive approach to protection of protect public order and individual safety against crimi- nal street gangs and gang-related violence, by severely criminalizing such activities, by creating anti-crime programs that focus on patterns

of criminal gang activity and organization, by expanding education and intervention to prevent the growth of criminal street gangs, and by establishing an ongoing system of tracking criminal gang activity, as provided in this legislation.

Legislative history

S.7929 of 2010- Referred to Codes S.1742 of 2011- Referred to Codes S.1742 of 2012- Referred to Codes S.1742A of 2012 - Amended and Recommitted to Codes

Fiscal implications

To be determined.

Effective date

This act shall take effect January 1 of the year next succeeding its enactment.