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History
- Referred to codes
- 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 gangs enforcement and prevention act; repealer
In Assembly Committee · Codes · Sponsor Philip Ramos
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5384
Title of bill
An act to amend the penal law, the civil practice law and rules, the state finance law, the correction law, the education law, and the mental hygiene law, in relation to defining offenses involving criminal street gangs, creating the criminal street gang prevention fund, and providing for gang prevention services in schools; and to repeal sections 120.06 and 120.07 of the penal law, relating to offenses of gang assault
Purpose
To update Mew York laws as they relate to criminal street gangs in order to further deter illegal activity, to establish a gang prevention curriculum in order to prevent children from becoming involved in criminal street gang activity, and to create an educational program within the Department of Corrections aimed at preventing recidivism.
Read the full memo (709 words)
Summary of provisions
Section One contains the legislative findings and purpose.
Section Two amends the penal law to remove current gang offenses from the definition of a "specified offense", and replaces such provisions with gang offenses that are established in this legislation.
Section Three amends the penal law as it relates to sentencing for violent felonies by removing references to current gang offenses and replacing them with references to the new gang offenses that are established in this legislation.
Section Four amends the penal law by repealing current provisions relating to gang offenses.
Section Five amends the penal law as it relates to specified sex offenses by removing references to current gang offenses and replacing them with references to the new gang offenses that are established in this legislation.
Section Six establishes a new Article in the Penal Law, entitled Offenses Involving Criminal Street Gangs. This section defines "criminal street gang member", "criminal street gang", "criminal street gang related offense", and "specified offense" for purposes of this article. It provides criminal penalties for persons participating in criminal street gangs and persons soliciting the participation of another in a criminal street gang. It also establishes new definitions for gang assault in the first and second degree. When a person is convicted of the crime of participation in a criminal street gang related offense, the offense shall be deemed to be one category higher than the specified offense that the defendant committed. Finally, this section provides for the abatement of premises used by criminal street gangs.
Sections Seven, Eight, and Nine create the criminal street gang prevention fund and provide that a forfeiture action can be commenced against any person convicted of a criminal street gang crime.
Proceeds from any forfeiture commenced pursuant to these sections shall be distributed to the criminal street gang prevention fund.
Section Ten empowers the Commissioner of the Department of Corrections to create an educational program aimed at preventing recidivism.
Section Eleven amends the education law by directing the department to establish a gang prevention curriculum aimed at deterring children from participating in criminal street gangs and aimed at assisting parents and teachers in identifying and aiding at-risk youths.
Section Twelve amends the definition of a "designated felony" for purposes of the mental hygiene law by removing current penal law gang provisions and replacing them with the gang provisions established in this legislation.
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. It is in the public's interest to establish a comprehensive approach to protect public order and individual safety against criminal street gangs and gang-related violence. This legislation aims to accomplish those goals in a variety of ways. Criminal penalties for individuals who participate in criminal street gang offenses are increased. This legislation also aims to prevent gang membership by educating students, parents, and teachers about gangs and gang prevention efforts. Children between the ages of ten and thirteen are particularly vulnerable, therefore, it is imperative that prevention efforts are initiated early. Finally, this legislation also aims to prevent recidivism by establishing an educational program within the Department of Corrections.
Legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the first of January 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.