Establishes the class D felony of criminal street gang recruitment on school grounds

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S3852

Title of bill

An act to amend the penal law, in relation to criminal street gang recruitment on school grounds; and to amend the highway law, in relation to authorizing the placement of gang free school zone signs

Purpose

Establishes the class D felony of criminal street gang recruitment on school grounds.

Summary of provisions

Section one amends section 460.10 Of the penal law by adding four new subdivisions, 5, 6, 7 and 8 by defining a criminal street gang, a criminal street gang member, criminal street gang activity, and school grounds.

Section two amends the penal law by adding section 460.65 which makes criminal street gang recruitment a class El felony.

Section three amends the highway law by adding a new section 318 to permit the placement of gang free school zone signs.

Section four mandates that this act shall take effect on the sixtieth day after it shall have become a law.

Justification

The need to address the rising criminal activity that has been attributed to street gangs has become evident. Although reports concerning the level of gang activity in New York are conflicting, no one can deny that gang violence has become a reality in New York.

It is necessary that legislation be passed in order to help combat its proliferation, especially in schools. Schools are supposed to be safe havens from street violence, but that is not always the case. Gang activity on city streets can make its way into schools, putting students and staff at risk. This legislation seeks to provide a safe haven for juveniles by making it more difficult for gang leaders to actively recruit and solicit juveniles in and around schools. At the same time it holds individuals accountable who sanction gang related activity on their property.

The growth of gangs throughout urban and suburban communities and increasing gang violence and activities in and around school grounds can be countered through the creation of Gang Free School Zones. Gang violence is a growing epidemic that needs to stop. By attacking gang activity with tougher legislation directed towards our educational system, gang activity and recruitment will become much more difficult in schools and gang members will face tougher penalties.

Legislative history

2014: S.2458 Passed Senate / A.9102 Referred to Codes 2012: S.2940 - Passed Senate

2011: S.2940 -Referred to codes. 2010: S.483 - Referred to Codes/A.4578 - Referred to Codes 2009: S.483 - Referred to Codes/A.4578 - Referred to Codes 2008: S.4381 - Passed Senate/A.8155 - Referred to Codes 2007: S.4381 - Passed Senate/A.8155 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law,