Tougher Penalties for Gangs

Section 1. Legislative findings and purpose. The legislature hereby finds that New York laws are insufficient regarding the prosecution of criminal street gangs and the protection of public order and individual safety against gang-related violence, because of the lack of programs and activities specifically designed to prevent the growth of criminal street gangs, facilitate prosecution and punishment of members of criminal street gangs, and punish those who solicit others to participate in criminal street gangs and in acts of gang-related violence or who provide support or resources to those who commit or encourage the commission of such acts.

The legislature further finds that the threat of violence and the disruption of public order and safety presented by criminal street gangs have 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 legislature therefore finds and declares that it is in every sense in the public interest to establish a comprehensive approach to the protection of public order and individual safety against criminal street gangs and gang-related violence, by severely criminalizing such activities, by creating anti-crime programs that focus on patterns of crimi-

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

[ ] is old law to be omitted.

LBD00446-01-5

nal gang activity and organization, and by expanding education and intervention to prevent the growth of criminal street gangs as provided in this legislation.

§ 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law, as added by chapter 148 of the laws of 2000, is amended to read as follows:

(a) the term "specified offense" shall mean an attempt to commit murder in the second degree as defined in section 125.25 of this chapter, gang assault in the first degree as defined in section [120.07] 495.06 of this chapter, gang assault in the second degree as defined in section [120.06] 495.05 of this chapter, assault in the first degree as defined in section 120.10 of this chapter, manslaughter in the first degree as defined in section 125.20 of this chapter, manslaughter in the second degree as defined in section 125.15 of this chapter, robbery in the first degree as defined in section 160.15 of this chapter, robbery in the second degree as defined in section 160.10 of this chapter, or the attempted commission of any of the following offenses: gang assault in the first degree as defined in section [120.07] 495.06, assault in the first degree as defined in section 120.10, manslaughter in the first degree as defined in section 125.20 or robbery in the first degree as defined in section 160.15;

§ 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 23 of the laws of 2024 and paragraph (b) as amended by chapter 94 of the laws of 2020, are amended to read as follows:

(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, a crime formerly defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75, assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, sex trafficking of a child as defined in section 230.34-a, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section [120.07] 495.06, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.

(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section [120.06] 495.05, strangulation in the first degree as defined in section 121.13, aggravated strangulation as defined in section 121.13-a, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.

§ 4. Sections 120.06 and 120.07 of the penal law are REPEALED.

§ 5. Subdivision 2 of section 130.91 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:

2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section [120.06] 495.05, gang assault in the first degree as defined in section [120.07] 495.06, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, sex trafficking of a child as defined in section 230.34-a, disseminating indecent material to minors in the first degree as defined in section 235.22, use of a child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses.

§ 6. Title Y-2 of the penal law is redesignated title Y-3 and a new title Y-2 is added to read as follows:

TITLE Y-2

OFFENSES INVOLVING CRIMINAL STREET GANGS

ARTICLE 495

CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT Section 495.01 Definitions.

495.02 Participation in a criminal street gang.

495.03 Participation in a criminal street gang related offense.

495.04 Solicitation for participation in a criminal street gang.

495.05 Gang assault in the second degree.

495.06 Gang assault in the first degree.

495.07 Abatement of premises used by a criminal street gang.

495.08 Preemption. § 495.01 Definitions.

As used in this article, the following terms shall have the following meanings:

1. "Criminal street gang member" shall mean an individual who is in possession of or exhibits criminal street gang paraphernalia, criminal street gang affiliated tattoos, criminal street gang clothing or colors, or any other indicia of criminal street gang membership, and

a. proclaims to be a criminal street gang member;

b. is identified as a criminal street gang member by a documented reliable witness or informant;

c. is identified as a criminal street gang member by a witness or informant of previously untested reliability if such identification is corroborated by independent information;

d. has been arrested more than once in the company of identified criminal street gang members for offenses that are consistent with usual criminal street gang activity; or

e. is identified as a criminal street gang member by physical evidence such as photographs or other written or electronic documentation.

2. "Criminal street gang" shall mean an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation, solicitation, or conspire to commit any specified offense and have at least one individual who is a criminal street gang member.

3. "Criminal street gang related offense" shall mean any specified offense, that is committed for any of the following reasons:

a. for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang;

b. to gain admission, prestige, or promotion within the gang;

c. to increase or maintain the gang's size, membership, prestige, dominance, or control in a geographical area;

d. to exact revenge or retribution for the gang or any member of the gang;

e. to obstruct justice, or intimidate, or eliminate any witness against the gang or any member of the gang;

f. to directly or indirectly knowingly cause any benefit, aggrandizement, gain, profit or other advantage for a gang, its reputation, influence, or membership.

4. "Specified offense" shall mean any offense defined by any of the following provisions of this chapter: Offenses constituting a specified offense as defined in subdivision three of section 485.05 (hate crimes), article one hundred fifteen (criminal facilitation), one hundred thirty-five (kidnapping, coercion and related offenses), one hundred seventy (forgery and related offenses), one hundred seventy-eight (criminal diversion of prescription medications and prescriptions), two hundred twenty-five (gambling offenses), two hundred thirty (prostitution offenses), two hundred thirty-five (obscenity and related offenses), two hundred sixty-five (firearms and other dangerous weapons), two hundred seventy (other offenses relating to public safety), four hundred (licensing and other provisions related to firearms), or four hundred seventy (money laundering). § 495.02 Participation in a criminal street gang.

A person is guilty of participation in a criminal street gang if such person is a criminal street gang member and has knowledge that other members engage in or have engaged in criminal street gang related offenses.

Participation in a criminal street gang is a class A misdemeanor. § 495.03 Participation in a criminal street gang related offense.

1. A person is guilty of participation in a criminal street gang related offense when such person willfully and knowingly promotes, furthers, assists in, conducts, or participates in the affairs of a criminal street gang by participating in a criminal street gang related offense.