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New York State Legislative session ended June 24, 2008
New York Gang related bills 2008
Bill Number A01682/S1724
Assembly Sponsor Peralta
COSPNSR Gordon D, Weisenberg, Zebrowski, Lafayette, Benedetto, Christensen, Fields, Espaillat
MLTSPNSR Alfano, Barra, Boyland, Carrozza, Conte, Cook, Errigo, Farrell, Finch Giglio, Hikind, Hooper, Pheffer
Senate Sponsor Sabini
COSPNSR Adams, Breslin, Connor, Diaz, Dilan, Hassell-Thompson, Onorato, Sampson
Add Art 280 SS280.00 - 280.30, Pen L
Establishes offenses relating to gang violence and the abatement of premises used for gang activity; establishes the crimes of: gang solicitation, recruitment or retention; gang solicitation, recruitment or retention of minors;
coercion of a minor into criminal conspiracy; and gang leadership; also provides for the abatement of premises used for gang activity.
Assembly Status: 01/10/2007 referred to codes
01/09/08 referred to codes
06/23/2008 held for consideration in codes
Senate Status: 01/25/2007 referred to codes
01/09/08 referred to codes
WORDING:
“Criminal Street Gang” or “Gang” means a formal or informal group, club, organization, or association of three or more individuals who act, or agree to act, in concert to commit gang crimes.
“Abatement of premises used for gang activity” means any place or premises that has been used on more than two occasions, within a six month period of time, for the purpose of conducting a pattern of
criminal street gang activity, or any real property that is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal street gang activity constitutes a nuisance,
that shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
“Gang solicitation, recruitment or retention” means when he or she: 1. intentionally solicits, recruits, employs, causes, encourages, or conspires to cause another person to be or remain as a member of a criminal street gang that requires as a condition of membership or continued membership the commission of or participation in gang crimes; or 2. Intentionally makes any communication, direct or indirect, constituting a threat to person or property or to any associate of relative of the person being solicited, recruited or retained as a member of a criminal street gang that requires as a condition of membership or continued membership the commission of or participation in gang crimes.
Bill Number A01687/ S03832
Assembly Sponsor Rivera P
COSPNSR Weisenberg, Errigo, Ramos, Peralta, Lupardo, DelMonte, Fields, Jaffee, Maisel, Lancman, Gunther, Benjamin, Alessi, Titus, Alfano, Benedetto, Seminerio, Tobacco, Eddington
MLTSPNSR Abbate, Arroyo, Bacalles, Barra, Boyland, Brennan, Burling, Calhoun, Christensen, Clark, Conte, Destito, Finch, Galef, Giglio, Greene, Hikind, Hyer-Spencer, John, Kirwan, Lafayette, Latimer,
Magee, Markey, Mayersohn, McDonough, Nolan, Pheffer, Stirpe, Sweeney, Thiele, Townsend, Walker, Wright
Add Art 475 SS475.00 & 475.05, Pen L; amd S200.50, CP L
Senate Sponsor Hannon
Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony for the benefit of, at the direction of or in association with a street gang; a determinate sentence of
between 2 and 5 years shall be served in addition to any other sentence imposed for the conviction of the underlying felony and shall be served consecutively with any other sentence of imprisonment; however,
when the underlying felony is a violent felony or a class A felony the determinate sentence shall be 10years.
Assembly Status: 01/10/2007 referred to codes
01/09/08 referred to codes
06/23/2008 held for consideration in codes
Senate Status: 03/16/2007 referred to codes
01/09/08 referred to codes
WORDING:
“Street Gang” means two or more persons associated in fact.
Persons are “Associated in Fact” when: (A.) They have in common a group name or identifying sign, symbol, tattoo or other physical marking, style of dress, or other use of hand signals, or other indicia of
association or common leadership; and (B.)individually or in combination with other members of a street gang, while engaging in gang related activity, have committed, conspired, facilitated or attempted to commit
two of more offense: [list of offense].
Bill Number A01688/ S2877
Assembly Sponsor Rivera P
COSPNSR Hevesi, Weisenberg, Abbate, John, Fields, Maisel, Koon, Hooper, Peralta, Schroeder, Calhoun, Kolb, Townsend, Thiele, DelMonte, Titus, Tobacco
MLTSPNSR Alfano, Arroyo, Barra, Burling, Conte, Giglio, Gunther, Magee, McKevitt, Millman, Pheffer, Raia, Scozzafava, Sweeney, Walker
Senate Sponsor: Defrancisco
COSPNSR Bonacic, Fuschillo, Hannon, Larkin, Maltese, Padavan,
Add S240.75, Pen L; amd S700.05, CP L
Creates the crime of engaging in criminal street gang activity; establishes such crime shall be a class A misdemeanor.
Assembly Status: 01/10/2007 referred to codes
01/09/08 referred to codes
06/23/2008 held for consideration in codes
Senate Status: 02/13/2007 referred to codes
03/12/2007 1ST report CAL.328
03/13/2007 2ND report CAL.
03/14/2007 Advanced to third reading
04/16/2007 PASSED SENATE
04/16/2007 Delivered to Assembly
04/16/2007 referred to codes
01/09/08 died in assembly
01/09/08 returned to senate
01/09/08 Referred to Codes
03/04/2008 1ST REPORT CAL.419
03/05/2008 2ND REPORT CAL.
03/10/2008 ADVANCED TO THIRD READING
04/02/2008 PASSED SENATE
04/02/2008 DELIVERED TO ASSEMBLY
04/02/2008 referred to codes
WORDING:
“Criminal Street Gang” means a formal or informal group, club, organization, or association of three or more individuals, who act in concert, or agree to act in concert, with a purpose that any of these persons
alone, or in any combination, commit or will commit, two or more crimes under this chapter.
Bill Number A01722/ S02505
Assembly Sponsor Peralta
COSPNSR Zebrowski, Weisenberg, Gordon D, Boyland, Lafayette, Christensen, Benedetto, Fields, Espaillat, Pheffer
MLTSPNSR Alfano, Barra, Carrozza, Conte, Cook, DelMonte, Diaz R, Errigo, Farrell, Finch, Galef, Walker
Senate Sponsor Sampson
COSPNSR Adams, Diaz, Onorato, Parker, Stewart-Cousins
Amd SS1310 & 1349, CPLR
Provides for alternative disposition of forfeiture proceeds derived from persons who are members of a "street gang", as defined, so as to provide 75% of the remainder to the local school district where such gang
member resides, for programs designed to deter or prevent youths from associating with or becoming members of street gangs.
Assembly Status: 01/10/2007 referred to codes
01/09/08 referred to codes
06/23/2008 held for consideration in codes
Senate Status: 02/06/2007 referred to codes
01/09/08 referred to codes
WORDING:
“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.
“Criminal Street Gang Member” means a person to whom two or more of the following criteria apply (A) Admits to criminal street gang membership; (B)Is identified as a criminal street gang member by a
documented reliable informant; (C) resides in or frequents a particular criminal street gang’s area and adopts its style of dress, its use of hand signals or its tattoos and associates with known criminal street gang members;
(D)Has been arrested more than once in the company of known criminal street gang members for offenses which are consistent with usual criminal street gang activity; (E)Is identified as a criminal street gang member by
physical evidence, such as photographs or other documentation; (F) has been stopped in the company of known criminal street gang members four or more times; (G) has been identified as a criminal street gang member
by other law enforcement agencies; (H) is identified as a criminal street gang member by a family member.
“Street Gang Associate” means a person who: (A) admits to street gang association; or (B) meets any single defining criterion of street gang membership described in [“Criminal Street Gang Member”].
Bill Number A02428/S03077
Assembly Sponsor Hoyt
COSPNSR Alfano, Spano, Barra
MLTSPNSR Ramos
Senate Sponsor Defrancisco
COSPNSR Bonacic, Fuschillo, Hannon, Larkin, Little, Maltese, Padavan, Rath, Trunzo, Volker
Add SS100.23 & 100.25, Pen L
Creates the new crime of solicitation or recruitment of persons in criminal street gang activity and the crime of solicitation or recruitment of minors in criminal street gang activity; classifies each as E and D felonies
respectively; and authorizes local law pre-emption.
Assembly Status: 01/17/2007 referred to codes
01/09/08 referred to codes
Senate Status: 02/22/2007 referred to codes
03/12/2007 1ST report CAL.328
03/13/2007 2ND report CAL.
03/14/2007 Advanced to third reading
04/17/2007 PASSED SENATE
04/17/2007 Delivered to Assembly
04/17/2007 referred to codes
01/09/08 died in assembly
01/09/08 returned to senate
01/09/08 Referred to Codes
03/04/2008 1ST REPORT CAL.421
03/05/2008 2ND REPORT CAL.
03/10/2008 ADVANCED TO THIRD READING
03/12/2008 PASSED SENATE
03/12/2008 DELIVERED TO ASSEMBLY
03/12/2008 referred to codes
WORDING:
“Solicitation or recruitment of persons in a criminal street gang activity”. A person is guilty of solicitation or recruitment of persons in criminal street gang activity when he or she recruits, employs, solicits, induced,
commanded or caused to be or remain a member of such gang participate in conduct constituting a crime.
“Criminal Street Gang” means a formal or informal group, club, organization, or association of three or more individuals, who act in concert, or agree to act in concert, with a purpose that any of these persons alone,
or in any combination, commit or will commit, two or more crimes under this chapter.
Bill Number A04200 [No same as]
Assembly Sponsor Ramos
COSPNSR Spano
MLTSPNSR Alfano, Barra, Lavine
Add Art 486 SS486.00 - 486.15, Pen L
Enacts the criminal street gang related crimes act; provides for enhanced criminal sanctions where crimes are related to criminal street gangs.
Assembly Status: 01/31/2007 referred to codes
01/09/08 referred to codes
WORDING:
“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.
“Criminal Street Gang Member” means a person to whom two or more of the following criteria apply (A) Admits to criminal street gang membership; (B)Is identified as a criminal street gang member by a
documented reliable informant; (C) resides in or frequents a particular criminal street gang’s area and adopts its style of dress, its use of hand signals or its tattoos and associates with known criminal street gang members;
(D)Has been arrested more than once in the company of known criminal street gang members for offenses which are consistent with usual criminal street gang activity; (E)Is identified as a criminal street gang member
by physical evidence, such as photographs or other documentation; (F) has been stopped in the company of known criminal street gang members four or more times; (G) has been identified as a criminal street gang
member by other law enforcement agencies; (H) is identified as a criminal street gang member by a family member.
Bill Number A04755/S01739
Assembly Sponsor: Barra
COSPNSR
Senate Sponsor: Sabini
COSPNSR: Breslin, Diaz, Dilan, Hassell-Thompson, Onorato, Sampson, Savino
MLTSPNSR
Add S231, Exec L
Authorizes the superintendent of state police to establish and maintain a statewide gang database consisting of information pertaining to criminal street gang members in order to assist state and local law enforcement agencies in the apprehension and prosecution of such criminal street gang members.
Assembly Status: 02/06/2007 referred to governmental operations Senate
01/09/08 referred to governmental operations
05/14/2008 held for consideration in governmental operations
Senate Status: 01/25/2007 referred to finance
01/09/08 Referred to Finance
WORDING:
STATEWIDE GANG DATABASE
“Gang Member” or “Criminal Street Gang Member” means an individual who is a member of a formal or informal group, club, organization, or association of three or more individuals who participate, or agree to participate, in criminal activity.
Bill Number A06294/S05594
Assembly Sponsor Conte
COSPNSR Alfano, Barra, Raia, Saladino, Thiele
MLTSPNSR Bacalles, Ball, Barclay, Boyle, Burling, Butler, Calhoun, Cole, Crouch, Duprey, Errigo, Finch, Fitzpatrick, Giglio, Hawley, Hayes, Kirwan, Kolb, Lopez P, McDonald, McDonough, McKevitt, Miller,
Molinaro, Oaks, O`Mara, Quinn, Rabbitt, Reilich, Sayward, Scozzafava, Spano, Tedisco, Tobacco, Townsend, Walker
Senate Sponsor Flanagan
COSPNSR Defranciso, Fuschillo, Libous, Maltese, Morahan, Rath, Robach, Trunzo, Volker, Wright
Add Art 465 SS465.00 - 465.30, Pen L; amd S1349, CPLR; add S700.75, amd
SS700.05 & 60.22, CP L; add S99-p, St Fin L
Enacts the criminal street gang abatement act of 2007; creates the crime of gang solicitation, recruitment or retention; creates the crime of gang solicitation, recruitment or retention of minors; creates the crime of
gang solicitation, recruitment or retention of minors on school grounds; appropriates funds for schools to receive gang prevention programs.
Assembly Status: 03/06/2007 referred to codes
01/09/08 referred to codes
05/06/2008 held for consideration in codes
Senate Status: 04/25/2007 referred to finance
01/09/08 Referred to Finance
WORDING:
STATEWIDE GANG DATABASE
“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.
“Gang Member” or “Criminal Street Gang Member” means an individual who is a member of a formal or informal group, club, organization, or association of three or more individuals who participate, or agree to participate, in criminal activity.
Bill Number A06405 [No same as]
Assembly Sponsor Ortiz
COSPNSR Abbate, Espaillat, Cook, Peralta, Rivera P, Robinson, Spano
MLTSPNSR Alfano, Hoyt, Koon, Seminerio, Towns, Wright
Add Art 126 SS126.00 - 126.45, Pen L
Enacts the "street terrorism enforcement and prevention act of 2007" to eliminate street gang crime; declares building used for certain criminal purposes by gangs to be nuisances and subject to abatement; provides
for confiscation of firearms and ammunition; creates crime of using coercion to cause a person to participate in criminal street gang activity; provides for increased sentences for certain street gang crime related offenses;
defines "pattern of criminal gang activity" and "criminal street gang"; provides that this act does not preempt local laws and is to be applied as supplementary.
Assembly Status: 03/07/2007 referred to codes
01/09/08 referred to codes
WORDING:
“Pattern of criminal gang activity” means the commission of, attempted commission of, or solicitation of sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least on of these offenses occurred after the effective date of this article and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons. [crimes listed]
“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 of the criminal acts enumerated in paragraphs (A) through (R) of subdivision five to this section, inclusive, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
Bill Number A08155/ S04381
Assembly Sponsor Rivera P
COSPNSR Eddington, Scarborough, Benedetto, Reilly, Brook-Krasny, Weisenberg, Greene, Hoyt, Lupardo, Fields, Gabryszak, Lafayette, Titone, Lancman, Maisel, Jaffee, Alessi, Benjamin, Seminerio, Gunther,
Hevesi, Tobacco
MLTSPNSR Abbate, Alfano, Arroyo, Bacalles, Barra, Boyland, Brennan, Burling, Calhoun, Christensen, Clark, Colton, Conte, DelMonte, Destito, Diaz L Errigo, Espaillat, Farrell, Finch, Galef, Giglio, Hikind,
Hooper, Hyer-Spencer, John, Kirwan, Kolb, Koon, Latimer, Lopez V, Magee, Markey, Mayersohn, McDonough, McKevitt, Millman, Nolan, Ortiz, Peralta, Pheffer, Ramos, Rivera J, Rivera N, Schroeder,
Scozzafava, Stirpe, Sweeney, Thiele, Titus, Towns, Townsend, Walker, Wright
Senate Sponsor Lanza
COSPNSR Bonacic, Johson O, Larkin, Maltese, Maziarz, Padavan, Seward, Truzo, Volker, Wright
Amd S460.10, add S460.65, Pen L; add S318, Hway L
Establishes the class D felony of criminal street gang recruitment on school grounds; authorizes municipalities to place gang free school zone signs on highways passing through school grounds.
Assembly Status: 05/07/2007 referred to codes
01/09/08 referred to codes
06/17/2008 held for consideration in codes
Senate Status: 04/12/2007 referred to codes
04/24/2007 1ST report CAL.658
04/25/2007 2ND report CAL.
04/30/2007 advanced to third reading
05/01/2007 PASSED SENATE
05/01/2007 delivered to Assembly
05/01/2007 referred to Assembly codes
01/09/08 died in assembly
01/09/08 returned to senate
01/09/08 Referred to Codes
04/15/2008 1ST REPORT CAL.835
04/16/2008 2ND REPORT CAL.
04/29/2008 ADVANCED TO THIRD READING
04/30/2008 PASSED SENATE
04/30/2008 DELIVERED TO ASSEMBLY
04/30/2008 referred to codes
WORDING:
“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.
“Criminal Street Gang Member” means a person to whom two or more of the following criteria apply (A) Admits to criminal street gang membership; (B)Is identified as a criminal street gang member by a
documented reliable informant; (C) resides in or frequents a particular criminal street gang’s area and adopts its style of dress, its use of hand signals or its tattoos and associates with known criminal street gang members;
(D)Has been arrested more than once in the company of known criminal street gang members for offenses which are consistent with usual criminal street gang activity; (E)Is identified as a criminal street gang member
by physical evidence, such as photographs or other documentation; (F) has been stopped in the company of known criminal street gang members four or more times; (G) has been identified as a criminal street gang
member by other law enforcement agencies; (H) is identified as a criminal street gang member by a family member.
“Criminal Street Gang Activity” means the commission or attempted commission of, or solicitation or conspiracy to commit, two or more criminal acts that: (A) were committed on separate occasions within a
five year period; (B) are neither isolated incidents, nor so closely related and connected in point of time or circumstance of commission as to constitute a criminal offense or criminal transaction, as such terms are
defined in Section 40.10 of the criminal procedure law; and (C) Further a criminal street gang by: (I) being related to one another through a common scheme or plan; or (II) were committed, solicited, requested,
importuned or intentionally aided by persons acting with the mental culpability required for the commission of such criminal acts and such person is a member of such criminal street gang.
Bill Number S03863 [No same as]
Senate Sponsor: Johnson C
COSPNSR Diaz, Duane, Montgomery, Parker, Sabini, Sampson, Thompson, Valesky
Add Art 280 SS280.00 - 280.55, Pen L; add S319, Ed L; amd S1456, Tax L
Enacts the "New York safe neighborhood and investment act of 2007" relating to crimes and penalties for gang activity, to graduation requirements for high school community service, to tax credits to lending institutions
making investments in or contributions to certain programs promoting community service and safe neighborhoods; makes an appropriation to the office of children and family services to the credit of the local assistance
account fund for the Advantage after-school program which promotes community service and anti-gang education programs in elementary and secondary schools in districts at high risk for gang related activity and violence.
Senate Status: 03/19/2007 referred to finance
01/09/08 Referred to Finance
WORDING
“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.
“Pattern of criminal gang activity” means the commission of , attempted commission of, or solicitation of, or conviction of two or more felony offenses as are defined in this chapter, provided that these offenses occurred after the effective date of this article and the last of these offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons.
“Participation in a street gang”. When he or she actively participates in any criminal street gang with the knowledge that its members engage in or have engaged in criminal gang activity, and who willfully promotes, furthers, encourages or assists in any non-violent criminal activity as defined in this chapter.