Bill Text: NY S01404 | 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 (Republican 4-1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01404 Detail]

Download: New_York-2011-S01404-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1404
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed 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,
   22  COERCION  AND RELATED OFFENSES), ONE HUNDRED FORTY (BURGLARY AND RELATED
   23  OFFENSES), ONE HUNDRED FIFTY (ARSON), ONE HUNDRED FIFTY-FIVE  (LARCENY),
   24  ONE  HUNDRED  SIXTY (ROBBERY), TWO HUNDRED TWENTY (CONTROLLED SUBSTANCES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00417-01-1
       S. 1404                             2
    1  OFFENSES) OR TWO HUNDRED TWENTY-ONE (OFFENSES  INVOLVING  MARIHUANA)  OF
    2  THIS CHAPTER.
    3  S 475.05 SENTENCING.
    4    WHEN  A  PERSON  IS  CONVICTED OF A STREET GANG CRIME PURSUANT TO THIS
    5  ARTICLE, HE OR SHE SHALL BE  SENTENCED  TO  A  DETERMINATE  SENTENCE  OF
    6  IMPRISONMENT OF NOT LESS THAN TWO YEARS, NOR MORE THAN FIVE YEARS, WHICH
    7  SHALL  BE  SERVED  IN  ADDITION  TO  ANY  OTHER SENTENCE IMPOSED FOR THE
    8  CONVICTION OF THE FELONY OR FELONIES WHICH THE  DEFENDANT  COMMITTED  IN
    9  THE COURSE OF THE STREET GANG CRIME, AND SUCH DETERMINATE SENTENCE SHALL
   10  RUN CONSECUTIVELY TO ANY OTHER SENTENCE OF IMPRISONMENT IMPOSED UPON THE
   11  CONVICTION OF SUCH FELONY OR FELONIES; PROVIDED, HOWEVER THAT THE DETER-
   12  MINATE  SENTENCE  OF  IMPRISONMENT  IMPOSED UPON A PERSON CONVICTED OF A
   13  STREET GANG CRIME SHALL BE TEN YEARS WHEN ANY FELONY  COMMITTED  IN  THE
   14  COURSE OF THE STREET GANG CRIME IS A VIOLENT FELONY OFFENSE OR A CLASS A
   15  FELONY  OFFENSE,  AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS
   16  CHAPTER.
   17    S 2. Subdivision 7 of section 200.50 of the criminal procedure law  is
   18  amended by adding a new paragraph (f) to read as follows:
   19    (F) IN THE CASE OF ANY STREET GANG CRIME, AS DEFINED IN SECTION 475.00
   20  OF  THE  PENAL  LAW, SPECIFIES, AS APPLICABLE, THAT THE DEFENDANT, WHILE
   21  AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, COMMITTED  A  FELONY  FOR
   22  THE  BENEFIT  OF, OR AT THE DIRECTION OF OR IN ASSOCIATION WITH A STREET
   23  GANG, AS DEFINED IN SUBDIVISION TWO OF SECTION 475.00 OF THE PENAL  LAW;
   24  AND
   25    S 3. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.