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History
- Referred to crime victims, crime and correction
- Committee discharged and committed to crime victims, crime and correction
- Notice of committee consideration - requested
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the criminal street gang related crimes act
In Assembly Committee · Codes · Sponsor Philip Ramos
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S479
Title of bill
REVISED 12/30/11 An act to amend the penal law, in relation to enacting the criminal street gang related crimes act
Purpose or general idea of the bill
To enact harsher penalties and punishments for persons who commit or are affiliated with gang related crimes. Criminal sanction impact.
Summary of specific provisions
Section 1. Short Title: Criminal Street Gang Related Crimes Act
Section 2. Amends the Penal Law by adding a new article 486. Legislative findings. Defines the following terms: criminal street gang, criminal street gang member, and criminal street gang activity. Specifies the criteria under which such crimes and specified offenses are committed. Provides that when a person is convicted of a criminal street gang related crime, and the offense is a violent felony offense, the criminal street gang related crime shall be a violent felony offense. Establishes penalties and criminal sanctions for crimes established under this article.
Section 3. Local laws, preemption
Section 4. Severability
Section 5. Effective Date
Existing law
None.
Justification
Unfortunately, gang related crime has continued to increase in American society. It is no longer uncommon for gangs to solicit youngsters in the elementary schools to join in their criminal activity. Tougher, new laws are required to break these gangs. It is time to start going after gangs as we did with organized crime.
This legislation would increase penalties for various violent crimes that are perpetrated in the furtherance of gang activity. The concept is similar to the law the state enacted a few years ago to deal with bias related crimes. The penalty was not only given for the underlying assault, but also for the fact that it was bias related. In this case, an E felony would be raised to a D felony where the violent crime was committed in the furtherance of gang activity. The bill mirrors legislation that has been passed in many other states including the states of New Jersey, California and Florida.
Prior legislative history
2011 S.479 - Discharged from Codes and Committed to Crime Victims, Crime and Correction/A.3835 - Referred to Codes 2009-2010 S.4978 - Referred to Codes/A.4667 - Referred to Codes
2007-2008 A.4200 - Referred to Codes 2005-2006 A.5326 - Referred to Codes 2003-2004 A.4918 - Referred to Codes 2001-2002 A.10020 - Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.