What's happening
This bill defines "criminal street gang" and makes recruiting minors into such gangs a class C felony in New York.
Why it matters
Establishes a clear legal definition of “criminal street gang,”. which can assist law enforcement and prosecutors in targeting organized group crime more precisely, and may influence how certain cases are classified and prosecuted.
Targets adult recruitment tactics by criminalizing the act of coercing, soliciting, or inducing minors (under 16) into gang membership,. aiming to disrupt the pipeline of youth involvement in gangs and potentially reducing future gang activity.
Imposes a serious penalty (class C felony) for recruiting minors,. signaling the legislature’s intent to treat the exploitation of children in gang recruitment as a grave offense, which could deter would-be recruiters and increase consequences for offenders.
May have broader impacts on community safety and youth protection,. as the law could serve as a tool for intervention in at-risk communities and provide a legal basis for earlier intervention by authorities when minors are targeted by gangs.
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Who cares
Children under 16
The bill would make coercing, soliciting, recruiting or inducing them to join or remain in a criminal street gang a class C felony.
Police and district attorneys
The bill would create a specific felony charge for recruiting children under 16 into criminal street gangs, including conspiring to do so.
Criminal defense attorneys
Cases under the bill would turn on recruitment conduct and whether a group meets the new definition of a criminal street gang.
Headline styles
Ban Gang Recruitment of Minors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–4
- Ordered to third reading cal.2123
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4898
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of criminal street gang recruitment of a minor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 460.10 of the penal law is amended by adding a new subdivision 5 to read as follows:
5. "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in criminal street gang activity.
§ 2. The penal law is amended by adding a new section 460.65 to read as follows: § 460.65 Criminal street gang recruitment of a minor.
A person is guilty of criminal street gang recruitment of a minor when he or she coerces, solicits, recruits or induces a person under sixteen years of age to join or remain a member of a criminal street gang, or conspires to do so.
Criminal street gang recruitment of a minor is a class C felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07294-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the crime of criminal street gang recruitment of a minor
Purpose or general idea of bill
Creates the crime of criminal street gang recruitment of a minor.
Summary of specific provisions
Section 1. Amends Section 460.10 of the Penal Law by adding a new subdivision 5. Definitions: "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in criminal street activity.
Section 2. Amends the Penal Law by adding a new section 460.65. Criminal street gang recruitment of a minor. A person is guilty of criminal street gang recruitment of a minor when he or she coerces, solicits, recruits or induces a person under sixteen years of age to join or remain a member of a criminal street gang, or conspires to do so. Criminal street gang recruitment of a minor is a Class C felony.
3. Effective Date
Existing law
Penal Law; Section 460.10; Definitions; "criminal street gang" is not in the current list of definitions. Penal Law; Section 460.65; Criminal street gang recruitment of a minor and the establishment of a Class C felony is a new crime.
Justification
Gangs clearly pose a significant threat to community safety. From January to mid-October 2009, there were approximately 200 gang-motivated incidents in New York City. These incidents not only effect gang members but often involve innocent victims that are in the wrong place at the wrong time. In order to combat the influence that gangs have on our youth, it is time that we punish those that actively recruit new members. This legislation would target recruiters of street gangs by creating the crime of gang recruitment of a minor. A person that is found guilty of criminal street gang recruitment when he or she coerces, recruits or induces a person under sixteen years of age to join their gang will be charged with a class C felony.
Legislative history
2016: S.477- REFERRED TO CODES 2015: S.477- REFERRED TO CODES 2014: S.14 - Codes 2013: S.14 - Codes 2012: S.505 - Referred to Children and Families 2011: S.505 - Discharged from Codes, Committed to Children and Families 2009-10: S.6983 - Advanced to Third Reading/A.9971 Referred to Codes
Fiscal implications
None
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.