Enacts the New York state criminal street gang act

Summary of provisions

Section 1. Short title. the "New York State criminal street gang enforcement and prevention act."

§ 2 Legislative findings and purpose.

§ 3 Forfeiture. Amends paragraph (g) of subdivision two of section 1349 of CPLR to apply similar 40% forfeiture provisions for property seized under the new gang provisions as for chemical dependence, funds to be deposited in the new criminal street gang prevention fund created by this act and to be used for grants to schools for criminal street gang prevention.

§ 4 Penalties & definitions. Creates Title Y-1-A in the Penal Law, Offenses Involving Criminal Street Gangs, and new Article 495, the Criminal Street Gangs Enforcement And Prevention Act. Definitions ( 495.05).

1. Criminal street gang - a street gang that engages in a pattern of criminal street gang activity for its benefit or for the benefit of one or more members "Street gang" is an association in fact of two or more individuals identified by a common name, sign, dress, symbols, tattoos, or other mark or markings.

2. Participation in a Criminal Street Gang means a) committing an act of criminal street gang activity to obtain, maintain or increase position in a criminal street gang; b) committing any act of criminal street gang activity at the direction of or with the knowledge of two or more members of a criminal street gang; c) knowingly using the assets of a criminal street gang in the commission of any act of criminal street gang activity, d) knowing receipt of any proceeds or benefits from the commission of any act of criminal street gang activity.

3. Pattern of criminal street gang activity means the commission of two or more discreet acts of criminal street gang activity within three years, including the conspiracy to commit, solicit, attempt, or aid and abet the commission of any act of criminal street gang activity;

4. Criminal street gang activity includes the crimes that constitute criminal street gang activity. Importantly, this definition does not affect the application of the included criminal statutes, rather it

includes them in the kinds of activities deemed criminal street gang activity Regarding guns, and gun crimes, the crimes included are criminal sale of a firearm in the third degree (265 11), second (265 12), and first degree (265.13), as such statutes were in effect prior to the passage of the SAFE Act.

*New Class E felonies:

- § 495.10 Accepting the benefits or proceeds of criminal street gang activity. Knowing accepting from a criminal street gang the benefits or proceeds from criminal street gang activity, or of any substituted asset obtained or converted.

- § 495.15 Participation in criminal street gang activity. Acting as a member of a criminal street gang, a person knowingly promotes, furthers, assists in, conducts, facilitates, or participates in commission of criminal street gang activity, or knowingly receives the benefits from such activity, or uses or invests the income, assets, proceeds, or substitute proceeds, from criminal street gang activity for the benefit of the criminal street gang.

-§ 495.20 Solicitation for participation in a criminal street gang in the third degree. Soliciting or recruiting a person or threatening physical injury to participate in a criminal street gang.

*New Class D felonies

-§ 495.25 Solicitation for participation in a criminal street gang in the second degree intending to cause and causing physical injury to another person in order to coerce, induce, or solicit such person to participate in a criminal street gang.

- § 495.30 Solicitation of minors for participation in a criminal street gang Soliciting a person less than 18 years old.

*New Class C felonies

-§ 495.35 Solicitation of minors for participation in a criminal street gang on school grounds. Soliciting minors per 495.30 on school grounds.

§ 495,40 Sentencing. Enhanced sentencing provisions for persons convicted of participation in criminal street gang activity, depending on the status of the underlying specific offenses.

*If a person is convicted of participation in criminal gang activity and at least one of the criminal gang activities is a violent felony offense, the crime of participation in criminal street gang activity shall also be deemed a violent felony offense.

*Where the criminal street gang activity offense is a misdemeanor or class "A", "D", or "E" felony, the crime of participation in criminal street gang activity is deemed one category higher than the offense the defendant committed.

* Where the crime is a class "B" felony, the minimum prison term will depend on which section of the Penal Law the defendant is sentenced

under, and would range from a minimum of four years to a minimum of twelve years in prison.

*Fourth, if the criminal street gang activity offense is a class "A-1" felony, the minimum sentence would be twenty years.

§ 5 Criminal street gang prevention fund as section 97-1111 in state finance law to receive appropriations, forfeitures, or other transfers.

After appropriation, the monies may be used to support the criminal street gang and violence prevention partnership program, created in the State Education Department by this act

§ 6. Gang prevention programs. The education law is amended by adding a new article 25 Gang Prevention. It includes creation of Model gang violence curriculum, dress code concerning gang-related apparel, and the criminal street gang and violence prevention partnership program.

§ 7 Severability.

Existing law

Current law contains crimes for gang assault but no comprehensive gang prevention program. The Organized Crime Control Act of Title X of the Penal Law applies to different conduct than that addressed by this bill.

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. The crimes committed by street gang are all too well-known by many New Yorkers, and range from petty crimes to murder and sexual assault. The damage done by criminal street gangs, however, cannot be measured merely by the toll they take on the victims of such crimes. Rather, the effects of criminal street gangs are far more insidious, and poison entire communities.

It is in the public interest to establish a comprehensive approach to the protection of protect public order and individual safety from criminal street gangs and gang-related violence. This bill establishes such a comprehensive approach by increasing penalties for gang-related violence, creating anti-crime programs that focus on patterns of criminal gang activity and organization, expanding education and intervention to prevent the growth of criminal street gangs, and establishing an ongoing system of tracking criminal gang activity.

Legislative history

S.4444 - passed Senate 2013, 2014; S 1742A of 2012 - Passed Senate; S.7929 of 2010 - Referred to Codes

Fiscal implications

To be determined.

Effective date

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