Bill Text: NY S01773 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the class D felony of criminal street gang recruitment on school grounds which occurs when an individual on school grounds coerces, solicits, recruits or induces another person to join or remain a member of a criminal street gang, or conspires to do so.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01773 Detail]

Download: New_York-2019-S01773-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1773
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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  criminal  street  gang
          recruitment on school grounds
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 460.10 of the penal law is amended by  adding  four
     2  new subdivisions 5, 6, 7 and 8 to read as follows:
     3    5. "Criminal street gang" means any ongoing organization, association,
     4  or group of three or more persons, whether formal or informal, having as
     5  one  of  its  primary  activities the commission of one or more criminal
     6  acts, which has an identifiable name or identifying sign or symbol,  and
     7  whose  members individually or collectively engage in or have engaged in
     8  criminal street gang activity.
     9    6. "Criminal street gang member" means a person to whom two or more of
    10  the following criteria apply:
    11    (a) admits to criminal street gang membership;
    12    (b) is identified as a criminal street gang  member  by  a  documented
    13  reliable informant;
    14    (c)  resides  in or frequents a particular criminal street gang's area
    15  and adopts its style of dress, its use of hand signals  or  its  tattoos
    16  and associates with known criminal street gang members;
    17    (d)  has been arrested more than once in the company of known criminal
    18  street gang members for offenses which are consistent with usual  crimi-
    19  nal street gang activity;
    20    (e)  is  identified  as  a  criminal  street  gang  member by physical
    21  evidence, such as photographs or other documentation;
    22    (f) has been stopped in the company  of  known  criminal  street  gang
    23  members four or more times;
    24    (g)  has been identified as a criminal street gang member by other law
    25  enforcement agencies; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07413-01-9
        S. 1773                             2
     1    (h) is identified as a criminal street gang member by a family member.
     2    7.  "Criminal  street gang activity" means the commission or attempted
     3  commission of, or solicitation or conspiracy  to  commit,  two  or  more
     4  criminal acts that:
     5    (a) were committed on separate occasions within a five year period;
     6    (b)  are  neither  isolated  incidents,  nor  so  closely  related and
     7  connected in point of time or circumstance of commission as  to  consti-
     8  tute  a  criminal  offense  or  criminal  transaction, as such terms are
     9  defined in section 40.10 of the criminal procedure law; and
    10    (c) further a criminal street gang by:    (i)  being  related  to  one
    11  another  through a common scheme or plan; or (ii) were committed, solic-
    12  ited, requested, importuned or intentionally  aided  by  persons  acting
    13  with the mental culpability required for the commission of such criminal
    14  acts and such person is a member of such criminal street gang.
    15    8.  "School grounds" means (a) in or on or within any building, struc-
    16  ture, athletic playing field, playground or land  contained  within  the
    17  real  property boundary line of a public or private elementary, parochi-
    18  al, intermediate, junior high, vocational, or high school,  or  (b)  any
    19  area  accessible  to  the public located within one thousand feet of the
    20  real property boundary line comprising any such  school  or  any  parked
    21  automobile  or  other parked vehicle located within one thousand feet of
    22  the real property boundary line comprising  any  such  school.  For  the
    23  purpose  of  this  subdivision, an "accessible area to the public" shall
    24  mean sidewalks, streets, parking lots, parks,  playgrounds,  stores  and
    25  restaurants.
    26    §  2.  The penal law is amended by adding a new section 460.65 to read
    27  as follows:
    28  § 460.65 Criminal street gang recruitment on school grounds.
    29    A person is guilty of  criminal  street  gang  recruitment  on  school
    30  grounds  when,  on school grounds, he or she coerces, solicits, recruits
    31  or induces another person to join or  remain  a  member  of  a  criminal
    32  street gang, or conspires to do so.
    33    Criminal  street gang recruitment on school grounds is a class D felo-
    34  ny.
    35    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    36  have become a law.