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S857Senate2013-2014 SessionSame asA6126

Enacts the criminal street gang related crimes act

Sponsor Ruben DiazSD-32+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

1 Co-sponsor

History

  1. Referred to codes
  2. 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.

A6126Assembly

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:S857

Title of bill

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

2012: S.479 - Referred to Crime Victims, Crime & Correction/ A.3835 - Referred to Codes 2011: S.479 - Notice of Committee Consideration Requested,

Committee Discharged and Committed to Crime Victims, Crime and Correction/A.3835 - Referred to Codes 2009-10: S.4978 - Referred to Codes/A.4667 - Referred to Codes 2007-08: A.4200 - Referred to Codes 2005-06: A.5326 - Referred to Codes 2003-04: A.4918 - Referred to Codes 2001-02: 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.