Bill Text: NY A03477 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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 10 years.

Spectrum: Moderate Partisan Bill (Democrat 28-6)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A03477 Detail]

Download: New_York-2011-A03477-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3477
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M.  of A. P. RIVERA, WEISENBERG, JAFFEE, GUNTHER, RAMOS,
         MAISEL, TITUS, LUPARDO, LANCMAN, BENEDETTO, TOBACCO -- Multi-Sponsored
         by -- M. of A.  ABBATE,  ARROYO,  BOYLAND,  BRENNAN,  BURLING,  CLARK,
         CONTE,  DESTITO, FINCH, GALEF, GIGLIO, HIKIND, LATIMER, MAGEE, MARKEY,
         MAYERSOHN, McDONOUGH,  NOLAN,  PHEFFER,  J. RIVERA,  SWEENEY,  THIELE,
         WRIGHT -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
         relation to street gang crimes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law is amended by adding a new article 475 to
    2  read as follows:
    3                                 ARTICLE 475
    4                              STREET GANG CRIME
    5  SECTION 475.00 STREET GANG CRIMES.
    6          475.05 SENTENCING.
    7  S 475.00 STREET GANG CRIMES.
    8    1. A PERSON COMMITS A STREET GANG CRIME WHEN HE OR SHE COMMITS A FELO-
    9  NY FOR THE BENEFIT OF, AT THE DIRECTION OF  OR  IN  ASSOCIATION  WITH  A
   10  STREET GANG.
   11    2.  A  "STREET  GANG"  MEANS  TWO  OR MORE PERSONS ASSOCIATED IN FACT.
   12  PERSONS ARE "ASSOCIATED IN FACT" WHEN:
   13    (A) THEY HAVE IN COMMON A GROUP  NAME  OR  IDENTIFYING  SIGN,  SYMBOL,
   14  TATTOO  OR  OTHER PHYSICAL MARKING, STYLE OF DRESS, OR OTHER USE OF HAND
   15  SIGNS, OR OTHER INDICIA OF ASSOCIATION OR COMMON LEADERSHIP; AND
   16    (B) INDIVIDUALLY OR IN COMBINATION WITH  OTHER  MEMBERS  OF  A  STREET
   17  GANG,   WHILE   ENGAGING  IN  GANG  RELATED  ACTIVITY,  HAVE  COMMITTED,
   18  CONSPIRED, FACILITATED OR ATTEMPTED  TO  COMMIT  TWO  OR  MORE  OFFENSES
   19  DEFINED  IN  ARTICLE  ONE HUNDRED TWENTY (ASSAULT AND RELATED OFFENSES),
   20  ONE HUNDRED TWENTY-FIVE (HOMICIDE, ABORTION AND RELATED  OFFENSES),  ONE
   21  HUNDRED  THIRTY  (SEX  OFFENSES),  ONE  HUNDRED THIRTY-FIVE (KIDNAPPING,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00417-01-1
       A. 3477                             2
    1  COERCION AND RELATED OFFENSES), ONE HUNDRED FORTY (BURGLARY AND  RELATED
    2  OFFENSES),  ONE HUNDRED FIFTY (ARSON), ONE HUNDRED FIFTY-FIVE (LARCENY),
    3  ONE HUNDRED SIXTY (ROBBERY), TWO HUNDRED TWENTY  (CONTROLLED  SUBSTANCES
    4  OFFENSES)  OR  TWO  HUNDRED TWENTY-ONE (OFFENSES INVOLVING MARIHUANA) OF
    5  THIS CHAPTER.
    6  S 475.05 SENTENCING.
    7    WHEN A PERSON IS CONVICTED OF A STREET GANG  CRIME  PURSUANT  TO  THIS
    8  ARTICLE,  HE  OR  SHE  SHALL  BE  SENTENCED TO A DETERMINATE SENTENCE OF
    9  IMPRISONMENT OF NOT LESS THAN TWO YEARS, NOR MORE THAN FIVE YEARS, WHICH
   10  SHALL BE SERVED IN ADDITION  TO  ANY  OTHER  SENTENCE  IMPOSED  FOR  THE
   11  CONVICTION  OF  THE  FELONY OR FELONIES WHICH THE DEFENDANT COMMITTED IN
   12  THE COURSE OF THE STREET GANG CRIME, AND SUCH DETERMINATE SENTENCE SHALL
   13  RUN CONSECUTIVELY TO ANY OTHER SENTENCE OF IMPRISONMENT IMPOSED UPON THE
   14  CONVICTION OF SUCH FELONY OR FELONIES; PROVIDED, HOWEVER THAT THE DETER-
   15  MINATE SENTENCE OF IMPRISONMENT IMPOSED UPON A  PERSON  CONVICTED  OF  A
   16  STREET  GANG  CRIME  SHALL BE TEN YEARS WHEN ANY FELONY COMMITTED IN THE
   17  COURSE OF THE STREET GANG CRIME IS A VIOLENT FELONY OFFENSE OR A CLASS A
   18  FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02  OF  THIS
   19  CHAPTER.
   20    S  2. Subdivision 7 of section 200.50 of the criminal procedure law is
   21  amended by adding a new paragraph (f) to read as follows:
   22    (F) IN THE CASE OF ANY STREET GANG CRIME, AS DEFINED IN SECTION 475.00
   23  OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT  THE  DEFENDANT,  WHILE
   24  AIDED  BY  TWO  OR MORE PERSONS ACTUALLY PRESENT, COMMITTED A FELONY FOR
   25  THE BENEFIT OF, OR AT THE DIRECTION OF OR IN ASSOCIATION WITH  A  STREET
   26  GANG,  AS DEFINED IN SUBDIVISION TWO OF SECTION 475.00 OF THE PENAL LAW;
   27  AND
   28    S 3. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.