Crack Down on Street Gangs

Section 1. This act shall be known and may be cited as the "New York State criminal street gang act".

§ 2. Legislative findings and purpose. The legislature hereby finds that preservation of public order and improvement of individual safety and security can be improved by a comprehensive, targeted, and systemic enhancement of state laws applicable to criminal street gangs and their activities in order to prevent the growth of such gangs, facilitate prosecution and punishment of their members for unlawful acts, and punish those who solicit others to participate in such gangs and in acts of gang-related violence and unlawfulness or who provide support or resources to those who commit or encourage the commission of such acts.

The legislature therefore declares it to be in every sense in the public interest to establish the comprehensive approach to the protection of public order and individual safety enacted by this act that will enhance prosecution and punishment of the unlawful activities of criminal street gangs, prevent their growth and ability to recruit members, and expand effective anti-gang education and intervention activities by the state and its localities.

§ 3. Paragraph (g) of subdivision 2 of section 1349 of the civil practice law and rules, as amended by chapter 398 of the laws of 2004, is amended to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03824-01-7

A. 5477 2

(g) Forty percent of all moneys realized through forfeiture which are remaining after distributions pursuant to paragraphs (a) through (f) of this subdivision, to the chemical dependence service fund established pursuant to section ninety-seven-w of the state finance law, except that in the case of any such monies realized through forfeiture resulting from convictions obtained under article four hundred ninety-five of the penal law, such forty percent shall be paid into the criminal street gang prevention fund established by section ninety-seven-pppp of the state finance law;

§ 4. The penal law is amended by adding a new title Y-1-A to read as follows:

TITLE Y-1-A

OFFENSES INVOLVING CRIMINAL STREET GANGS

ARTICLE 495

CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT Section 495.05 Definitions.

495.10 Accepting the benefits or proceeds of criminal street

gang activity.

495.15 Participation in criminal street gang activity.

495.20 Solicitation for participation in a criminal street gang

in the third degree.

495.25 Solicitation for participation in a criminal street gang

in the second degree.

495.30 Solicitation of minors for participation in a criminal

street gang.

495.35 Solicitation of minors for participation in a criminal

street gang on school grounds.

495.40 Sentencing. § 495.05 Definitions. As used in this article, the following terms shall

mean and include:

1. "Criminal street gang" means 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. As used in this article, the term "street gang" means and includes any formal or informal 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) the commission of any act of criminal street gang activity by a person for the purpose of obtaining, maintaining or increasing such person's position in a criminal street gang, or (b) the commission of 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, or (c) knowingly using the assets of a criminal street gang in the commission of any act of criminal street gang activity, or (d) the knowing receipt of any proceeds or benefits, directly or indirectly, from the commission of any act of criminal street gang activity, including the receipt of any substituted asset obtained or converted from proceeds of such act.

3. "Pattern of criminal street gang activity" means the commission of two or more discreet acts of criminal street gang activity, one of which occurred after the effective date of this article and the last of which occurred within three years (excluding any period of imprisonment) after the commission of a prior act of criminal street gang activity. As used in this article, "pattern of criminal street gang activity" also means and includes the conspiracy to commit, solicit, attempt, aid and abet the commission of any act of criminal street gang activity;

A. 5477 3

4. "Criminal street gang activity" means any felony criminal offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.06 (gang assault in the second degree); section 120.07 (gang assault in the first degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.27 (murder in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); sections 210.10 and 210.15 (perjury); sections 215.00, 215.05, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.19 (bribery, tampering with a juror); sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44 (controlled substance sale and possession); sections 240.06, 240.15, 240.31, 240.32, 240.46, 240.55, 240.60, 240.61, 240.62, 240.63, 240.71, 240.72, 240.73, 240.75 (riot and offenses against public order); section 240.25 (harassment in the first degree); subdivision one, two, or four of section 240.30 (aggravated harassment in the second degree); section 242.15 (harming a service animal in the first degree); sections 250.05, 250.45, 250.50, 250.60 (wiretapping, unlawful surveillance, and offenses against the right to privacy); section 270.20 (unlawful wearing of a body vest); and sections 270.30

A. 5477 4

and 270.35 (unlawful fleeing a police officer in a motor vehicle); drug trafficking felony as defined in subdivision twenty-one of section 10.00; or any offense defined by any of the following provisions of this chapter: section 120.03, 120.04, 120.04-a, 120.05, 120.08, 120.09, 120.10, 120.11, 120.13, 120.18, 120.55, 120.60, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 135.65, 140.17, 140.20, 140.25, 140.30, 145.00, 145.05, 145.10, 145.12, 145.60, 145.65, 190.25, 190.26, 190.78, 190.79, 190.80, 190.80-a, 200.00, 200.03, 205.60, 205.65, 230.19, 230.20, 230.25, 230.32, 230.33, or 230.34; 265.11, 265.12, or 235.13, as such provisions were in effect prior to the enactment of chapter one of the laws of two thousand thirteen; article one hundred fifty-five, one hundred sixty, two hundred ten, four hundred seventy, four hundred eighty-five or four hundred ninety; or any felony offense defined in article one hundred thirty, one hundred thirty-five, one hundred fifty, one hundred sixty-five, two hundred fifteen, two hundred forty, two hundred fifty or two hundred sixty-three; or any attempt or conspiracy to commit any of the foregoing offenses. § 495.10 Accepting the benefits or proceeds of criminal street gang

activity.

A person is guilty of accepting the benefits or proceeds of criminal street gang activity when such person knowingly accepts from a criminal street gang the benefits or proceeds derived from the commission of criminal street gang activity, or of any substituted asset obtained or converted from proceeds or benefits derived from such act.

Accepting the benefits or proceeds of criminal street gang activity is a class E felony. § 495.15 Participation in criminal street gang activity.

A person is guilty of participation in criminal street gang activity when, acting as a member of a criminal street gang, such person knowingly promotes, furthers, assists in, conducts, facilitates, or participates in the commission of criminal street gang activity, or knowingly receives the benefits from criminal street gang 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.

Participation in criminal street gang activity is a class E felony. § 495.20 Solicitation for participation in a criminal street gang in the

third degree.

A person is guilty of solicitation for participation in a criminal street gang in the third degree if such person solicits or recruits another to participate in a criminal street gang, or threatens a person with physical injury with the intent to coerce, induce, or solicit such person or another to participate in a criminal street gang.

Solicitation for participation in a criminal street gang in the third degree is a class E felony. § 495.25 Solicitation for participation in a criminal street gang in the

second degree.

A person is guilty of solicitation for participation in a criminal street gang in the second degree when, with intent to cause physical injury to another person, such person causes physical injury to another person in order to coerce, induce, or solicit such person to participate in a criminal street gang.

Solicitation for participation in a criminal street gang in the second degree is a class D felony. § 495.30 Solicitation of minors for participation in a criminal street

gang.

A. 5477 5

A person is guilty of solicitation of minors for participation in a criminal street gang when he or she commits, facilitates, or conspires to commit the crime of solicitation for participation in a criminal street gang and the person solicited is less than eighteen years of age.

Solicitation of minors for participation in a criminal street gang is a class D felony. § 495.35 Solicitation of minors for participation in a criminal street

gang on school grounds.

A person is guilty of solicitation of minors for participation in a criminal street gang on school grounds when he or she commits, facilitates, or conspires to commit the crime of solicitation of minors for participation in a criminal street gang while on school grounds. For purposes of this section, the term "school grounds" means "school grounds" as defined in subdivision fourteen of section 220.00 of this chapter.

Solicitation of minors for participation in a criminal street gang on school grounds is a class C felony. § 495.40 Sentencing.

1. When a person is convicted of the crime of participation in criminal street gang activity pursuant to this article, and one or more of the criminal street gang activities constituting such participation is a violent felony offense, as defined in section 70.02 of this chapter, the crime of participation in criminal street gang activity shall be deemed a violent felony offense.