Bill Text: NY S07929 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the criminal street gang enforcement and prevention act; defines offenses; increases penalties; provides for gang prevention programs in schools; and develops a comprehensive approach to protecting public interests from gang related crime and violence.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2010-05-24 - REFERRED TO CODES [S07929 Detail]
Download: New_York-2009-S07929-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7929 I N S E N A T E May 24, 2010 ___________ Introduced by Sens. GOLDEN, DeFRANCISCO, C. JOHNSON, O. JOHNSON, LARKIN, PADAVAN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the civil practice law and rules, the state finance law, the correction law, the education law, the execu- tive law and the mental hygiene law, in relation to defining offenses involving criminal street gangs, creating the criminal street gang prevention fund, enacting the criminal street gang registration act, providing for gang prevention services in schools and creating the office of criminal street gangs and youth violence; and to repeal sections 120.06 and 120.07 of the penal law, relating to offenses of gang assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and purpose. The legislature hereby 2 finds that New York laws are insufficiently targeted to the prosecution 3 of criminal street gangs and the protection of public order and individ- 4 ual safety against gang-related violence, because they lack programs and 5 activities specifically designed to prevent the growth of criminal 6 street gangs, facilitate prosecution and punishment of members of crimi- 7 nal street gangs, and punish those who solicit others to participate in 8 criminal street gangs and in acts of gang-related violence or who 9 provide support or resources to those who commit or encourage the 10 commission of such acts. 11 The legislature further finds that the threat of violence and the 12 disruption of public order and safety presented by criminal street gangs 13 has reached a crisis point that threatens the right of residents of this 14 state to be secure and protected from fear, intimidation, and physical 15 harm. 16 The legislature therefore finds and declares that it is in every sense 17 in the public interest to establish a comprehensive approach to the 18 protection of public order and individual safety against criminal street 19 gangs and gang-related violence, by severely criminalizing such activ- 20 ities, 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. LBD17423-02-0 S. 7929 2 1 nal gang activity and organization, by expanding education and inter- 2 vention to prevent the growth of criminal street gangs, and by 3 establishing an ongoing system of tracking criminal gang activity, as 4 provided in this legislation. 5 S 2. Sections 120.06 and 120.07 of the penal law are REPEALED. 6 S 3. The penal law is amended by adding a new title Y-2 to read as 7 follows: 8 TITLE Y-2 9 OFFENSES INVOLVING CRIMINAL STREET GANGS 10 ARTICLE 495 11 CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT 12 SECTION 495.01 DEFINITIONS. 13 495.02 PARTICIPATION IN A CRIMINAL STREET GANG. 14 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY. 15 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG. 16 495.05 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION 17 IN A CRIMINAL STREET GANG. 18 495.06 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION 19 IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS. 20 495.07 GANG ASSAULT IN THE SECOND DEGREE. 21 495.08 GANG ASSAULT IN THE FIRST DEGREE. 22 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG 23 ACTIVITY. 24 495.10 PREEMPTION. 25 495.11 REGISTRATION REQUIREMENT. 26 495.12 SENTENCING. 27 S 495.01 DEFINITIONS. 28 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 29 MEANINGS: 30 1. "CRIMINAL STREET GANG" MEANS ANY FORMAL OR INFORMAL ORGANIZATION, 31 ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS HAVING A COMMON NAME OR 32 IDENTIFYING SIGN OR SYMBOL WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY 33 ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY. 34 2. "PATTERN OF CRIMINAL GANG ACTIVITY" MEANS THE COMMISSION OF, 35 ATTEMPTED COMMISSION OF, CONSPIRACY TO COMMIT, SOLICITATION OF, 36 SUSTAINED JUVENILE PETITION FOR, OR CONVICTION OF ANY TWO OR MORE OF ANY 37 SPECIFIED OFFENSES LISTED IN SUBDIVISION THREE OF THIS SECTION BY A 38 PARTICIPANT OR PARTICIPANTS IN A CRIMINAL STREET GANG, PROVIDED THAT THE 39 OFFENSES SHALL HAVE OCCURRED ON SEPARATE OCCASIONS WITHIN THREE YEARS OF 40 EACH OTHER, OR BY TWO OR MORE PERSONS WHO ARE PARTICIPANTS IN A CRIMINAL 41 STREET GANG, AND THAT AT LEAST ONE SUCH OFFENSE SHALL HAVE OCCURRED 42 AFTER THE EFFECTIVE DATE OF THIS ARTICLE. 43 3. "SPECIFIED OFFENSE" MEANS ANY OFFENSE DEFINED BY ANY OF THE FOLLOW- 44 ING PROVISIONS OF THIS CHAPTER: OFFENSES CONSTITUTING A SPECIFIED 45 OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES), 46 ARTICLE ONE HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE HUNDRED THIR- 47 TY-FIVE (KIDNAPPING, COERCION AND RELATED OFFENSE), ONE HUNDRED SEVENTY 48 (FORGERY AND RELATED OFFENSES), ONE HUNDRED SEVENTY-EIGHT (CRIMINAL 49 DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS), TWO HUNDRED 50 TWENTY (CONTROLLED SUBSTANCES OFFENSES), TWO HUNDRED TWENTY-ONE 51 (OFFENSES INVOLVING MARIHUANA), TWO HUNDRED TWENTY-FIVE (GAMBLING 52 OFFENSES), TWO HUNDRED THIRTY (PROSTITUTION OFFENSES), TWO HUNDRED THIR- 53 TY-FIVE (OBSCENITY AND RELATED OFFENSES), TWO HUNDRED SIXTY-FIVE 54 (FIREARMS AND OTHER DANGEROUS WEAPONS), TWO HUNDRED SEVENTY (OTHER 55 OFFENSES RELATING TO PUBLIC SAFETY), FOUR HUNDRED (LICENSING AND OTHER S. 7929 3 1 PROVISIONS RELATING TO FIREARMS) OR FOUR HUNDRED SEVENTY (MONEY LAUNDER- 2 ING). 3 S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG. 4 A PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF SUCH 5 PERSON PARTICIPATES IN A CRIMINAL STREET GANG WITH KNOWLEDGE THAT ITS 6 MEMBERS ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIV- 7 ITY. 8 PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR. 9 S 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY. 10 A PERSON IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY 11 WHEN HE OR SHE WILLFULLY AND KNOWINGLY PROMOTES, FURTHERS, ASSISTS IN, 12 CONDUCTS, OR PARTICIPATES IN THE AFFAIRS OF A CRIMINAL STREET GANG BY 13 PARTICIPATING IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR KNOWING- 14 LY INVESTS PROCEEDS DERIVED FROM CRIMINAL STREET GANG ACTIVITY, OR 15 PROCEEDS DERIVED FROM THE INVESTMENT OR USE OF THOSE PROCEEDS, IN AN 16 ENTERPRISE. A PERSON MAY BE A PARTICIPANT IN A CRIMINAL STREET GANG 17 IRRESPECTIVE OF THE AMOUNT OF TIME HE OR SHE DEVOTES TO THE CRIMINAL 18 STREET GANG, AS LONG AS SUCH PERSON SHALL HAVE PARTICIPATED IN COMMIT- 19 TING ACTS CONSTITUTING CRIMINAL STREET GANG ACTIVITY WITH ONE OR MORE 20 MEMBERS OF A CRIMINAL STREET GANG. 21 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY. 22 S 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG. 23 A PERSON IS GUILTY OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL 24 STREET GANG IF SUCH PERSON: 25 1. SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A CRIMINAL 26 STREET GANG WITH THE INTENT THAT THE PERSON SOLICITED OR RECRUITED 27 PARTICIPATE IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR WITH THE 28 INTENT THAT SUCH PERSON PROMOTE, FURTHER, CONDUCT, OR ASSIST IN ANY 29 PATTERN OF CRIMINAL STREET GANG ACTIVITY BY MEMBERS OF THE CRIMINAL 30 STREET GANG; OR 31 2. THREATENS A PERSON WITH PHYSICAL VIOLENCE WITH THE INTENT TO 32 COERCE, INDUCE, OR SOLICIT SUCH PERSON OR ANOTHER TO PARTICIPATE IN A 33 CRIMINAL STREET GANG; OR 34 3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON 35 TO PARTICIPATE IN A CRIMINAL STREET GANG. 36 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS E 37 FELONY. 38 S 495.05 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A 39 CRIMINAL STREET GANG. 40 A PERSON IS GUILTY OF SOLICITATION OR RECRUITMENT OF MINORS FOR 41 PARTICIPATION IN A CRIMINAL STREET GANG WHEN HE OR SHE COMMITS THE CRIME 42 OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG AND THE 43 PERSON SOLICITED OR RECRUITED IS LESS THAN EIGHTEEN YEARS OF AGE. 44 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL 45 STREET GANG IS A CLASS D FELONY. 46 S 495.06 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A 47 CRIMINAL STREET GANG ON SCHOOL GROUNDS. 48 A PERSON IS GUILTY OF SOLICITATION OR RECRUITMENT OF MINORS FOR 49 PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE 50 COMMITS THE CRIME OF SOLICITATION OR RECRUITMENT OF MINORS FOR PARTIC- 51 IPATION IN A CRIMINAL STREET GANG WHILE ON SCHOOL GROUNDS. FOR PURPOSES 52 OF THIS SECTION, THE TERM "SCHOOL GROUNDS" MEANS "SCHOOL GROUNDS" AS 53 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER. 54 SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A CRIMINAL 55 STREET GANG ON SCHOOL GROUNDS IS A CLASS C FELONY. 56 S 495.07 GANG ASSAULT IN THE SECOND DEGREE. S. 7929 4 1 A PERSON IS GUILTY OF GANG ASSAULT IN THE SECOND DEGREE WHEN, WITH 2 INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY TWO 3 OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYS- 4 ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON. 5 GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY. 6 S 495.08 GANG ASSAULT IN THE FIRST DEGREE. 7 A PERSON IS GUILTY OF GANG ASSAULT IN THE FIRST DEGREE WHEN, WITH 8 INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED 9 BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS 10 PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON. 11 GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY. 12 S 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY. 13 1. A BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR 14 THE PURPOSE OF ENGAGING IN A PATTERN OF CRIMINAL GANG ACTIVITY IS A 15 NUISANCE WHICH SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH 16 DAMAGES MAY BE RECOVERED, IRRESPECTIVE OF WHETHER IT CONSTITUTES A 17 PUBLIC OR PRIVATE NUISANCE. 18 2. ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI- 19 VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS OF 20 THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL 21 APPLY: 22 (A) THE COURT SHALL NOT ASSESS A CIVIL PENALTY AGAINST ANY PERSON 23 UNLESS THAT PERSON KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACTS 24 COMMITTED ON OR IN THE PREMISES; 25 (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED; 26 (C) ALL INJUNCTIONS ISSUED SHALL BE LIMITED TO THOSE NECESSARY TO 27 PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE PUBLIC OR THOSE 28 NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND 29 (D) SUIT MAY NOT BE FILED UNTIL A THIRTY DAY NOTICE PERIOD OF THE 30 UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL, 31 RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS. 32 3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION WHICH IS CONDUCTING 33 ITS AFFAIRS WITH ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY, 34 SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE AND TWO 35 OF THIS SECTION. 36 4. NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM 37 SEEKING ANY OTHER REMEDY PROVIDED BY LAW. 38 5. WHEN AN INJUNCTION IS ISSUED PURSUANT TO THIS SECTION FOR THE 39 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITIES, THE 40 ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR- 41 NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE COMMUNITY 42 OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL 43 BE PAID BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS 44 MEMBERS THAT WERE DERIVED FROM THE PATTERN OF CRIMINAL STREET GANG 45 ACTIVITY BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE 46 KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF 47 THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT PURSUANT TO 48 THIS SUBDIVISION, THE ATTORNEY GENERAL, DISTRICT ATTORNEY, OR CITY 49 ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE OF, THE TESTIMONY OF 50 EXPERTS TO ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD 51 INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS SUBDIVISION 52 SHALL BE DEPOSITED INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE 53 GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION THE 54 COMMUNITY OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE 55 THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY 56 THE NUISANCE. S. 7929 5 1 S 495.10 PREEMPTION. 2 NOTHING IN THIS ARTICLE SHALL PREEMPT AN APPROPRIATE ALTERNATIVE OR 3 ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER. 4 S 495.11 REGISTRATION REQUIREMENT. 5 1. IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR ANY 6 OTHER LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL 7 STREET GANG ACTIVITY WHO IS RELEASED ON PROBATION OR DISCHARGED UPON 8 PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR 9 WHO IS TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION 10 OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR 11 SHE WAS CONFINED, SHALL BE REQUIRED TO PARTICIPATE IN THE CRIMINAL 12 STREET GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI- 13 CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF FIVE YEARS; AND 14 2. IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS ARTICLE OR ANY 15 OTHER LAW, A PERSON CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL 16 STREET GANG ACTIVITY OR THE CRIME OF SOLICITATION FOR PARTICIPATION IN A 17 CRIMINAL STREET GANG WHO IS RELEASED ON PROBATION OR DISCHARGED UPON 18 PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, OR 19 WHO IS TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION 20 OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE HE OR 21 SHE WAS CONFINED, SHALL BE REQUIRED TO PARTICIPATE IN THE CRIMINAL 22 STREET GANG OFFENDER REGISTRATION PROGRAM ESTABLISHED PURSUANT TO ARTI- 23 CLE SIX-D OF THE CORRECTION LAW FOR A PERIOD OF TEN YEARS. 24 S 495.12 SENTENCING. 25 1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI- 26 NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE, AND THE SPECIFIED 27 OFFENSE IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS 28 CHAPTER, THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY 29 SHALL BE DEEMED A VIOLENT FELONY OFFENSE. 30 2. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI- 31 NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE AND THE SPECIFIED 32 OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME OF 33 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED TO BE ONE 34 CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR 35 ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S 36 CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, 37 WHICHEVER IS APPLICABLE. 38 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS 39 CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY 40 PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY: 41 (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST 42 SIX YEARS OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO 43 SECTION 70.00 OF THIS CHAPTER; 44 (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS 45 OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 46 OF THIS CHAPTER; 47 (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS 48 OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 49 OF THIS CHAPTER; 50 (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST 51 FOUR YEARS OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO 52 SECTION 70.05 OF THIS CHAPTER; AND 53 (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE 54 DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS OF IMPRISONMENT IF THE 55 DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER. S. 7929 6 1 4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND- 2 ING, WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI- 3 NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE AND THE SPECIFIED 4 OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE 5 SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISONMENT. 6 NOTWITHSTANDING ANY OTHER LAW, THE COURT MAY STRIKE THE ADDITIONAL 7 PUNISHMENT FOR THE ENHANCEMENTS PROVIDED IN SUBDIVISIONS ONE THROUGH 8 FOUR OF THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL SENTENCE FOR 9 MISDEMEANORS IN AN UNUSUAL CASE WHERE THE INTERESTS OF JUSTICE WOULD 10 BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE 11 MINUTES THE CIRCUMSTANCES INDICATING THE MANNER IN WHICH THE INTERESTS 12 OF JUSTICE WOULD BEST BE SERVED BY SUCH DISPOSITION. 13 NOTWITHSTANDING THE FOREGOING, IN THE CASE OF A MINOR FOUND TO BE 14 GUILTY OF AN OFFENSE DESCRIBED IN THIS ARTICLE WHO IS A FIRST-TIME 15 OFFENDER, THE COURT MAY ORDER THAT A PARENT OR GUARDIAN RETAIN CUSTODY 16 OF THAT MINOR, AND MAY ORDER THE PARENT OR GUARDIAN TO ATTEND ANTI-GANG 17 VIOLENCE PARENTING CLASSES ESTABLISHED PURSUANT TO STANDARDS OF THE 18 DIVISION OF CRIMINAL JUSTICE SERVICES. THE FATHER, MOTHER, SPOUSE, OR 19 OTHER PERSON LIABLE FOR THE SUPPORT OF THE MINOR, THE ESTATE OF THAT 20 PERSON, AND THE ESTATE OF THE MINOR SHALL BE LIABLE FOR THE COST OF 21 CLASSES ORDERED PURSUANT TO THIS SECTION, UNLESS THE COURT FINDS THAT 22 THE PERSON OR ESTATE DOES NOT HAVE THE FINANCIAL ABILITY TO PAY. IN 23 EVALUATING FINANCIAL ABILITY TO PAY, THE COURT SHALL TAKE INTO CONSIDER- 24 ATION THE COMBINED HOUSEHOLD INCOME, THE NECESSARY OBLIGATIONS OF THE 25 HOUSEHOLD, THE NUMBER OF PERSONS DEPENDENT UPON THIS INCOME, AND WHETHER 26 REDUCED MONTHLY PAYMENTS WOULD OBVIATE THE NEED TO WAIVE LIABILITY FOR 27 THE FULL COSTS. 28 S 4. The opening paragraph of paragraph (h) of subdivision 2 of 29 section 1349 of the civil practice law and rules, as added by chapter 30 655 of the laws of 1990, is amended to read as follows: 31 [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I) OF 32 THIS SUBDIVISION APPLIES, ALL moneys remaining after distributions 33 pursuant to paragraphs (a) through (g) of this subdivision shall be 34 distributed as follows: 35 S 5. Subdivision 2 of section 1349 of the civil practice law and rules 36 is amended by adding a new paragraph (i) to read as follows: 37 (I) IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS 38 CONVICTED OF AN OFFENSE LISTED IN ARTICLE FOUR HUNDRED NINETY-FIVE OF 39 THE PENAL LAW, ALL MONEYS REMAINING AFTER DISTRIBUTIONS PURSUANT TO 40 PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION SHALL BE DISTRIBUTED TO 41 THE CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO 42 SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW. 43 S 6. The state finance law is amended by adding a new section 97-jjjj 44 to read as follows: 45 S 97-JJJJ. CRIMINAL STREET GANG PREVENTION FUND. 1. THERE IS HEREBY 46 ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE 47 COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT OF THE MISCELLANEOUS 48 SPECIAL REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG PREVENTION 49 FUND. 50 2. THE COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE FOR DEPOSIT 51 TO THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED FOR 52 SUCH DEPOSIT BY LAW OR APPROPRIATION. 53 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, 54 SHALL BE AVAILABLE TO SUPPORT THE CRIMINAL STREET GANG AND VIOLENCE 55 PREVENTION PARTNERSHIP PROGRAM ESTABLISHED PURSUANT TO SECTION TWELVE 56 HUNDRED THIRTEEN OF THE EDUCATION LAW. S. 7929 7 1 S 7. The correction law is amended by adding a new article 6-D to read 2 as follows: 3 ARTICLE 6-D 4 CRIMINAL STREET GANG OFFENDER REGISTRATION ACT 5 SECTION 169. SHORT TITLE. 6 169-A. DEFINITIONS. 7 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 8 169-C. CRIMINAL STREET GANG DATABASE. 9 169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION. 10 169-E. DUTIES OF THE COURT. 11 169-F. DISCHARGE OF CRIMINAL STREET GANG OFFENDER FROM CORREC- 12 TIONAL FACILITY; DUTIES OF OFFICIAL IN CHARGE. 13 169-G. DUTY TO REGISTER AND TO VERIFY. 14 169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS. 15 169-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE 16 OF ADDRESS. 17 169-J. REVIEW. 18 169-K. IMMUNITY FROM LIABILITY. 19 169-L. ANNUAL REPORT. 20 169-M. PENALTY. 21 169-N. UNAUTHORIZED RELEASE OF INFORMATION. 22 169-O. SEPARABILITY. 23 S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS 24 THE "CRIMINAL STREET GANG OFFENDER REGISTRATION ACT". 25 S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI- 26 NITIONS APPLY: 27 1. "CRIMINAL STREET GANG OFFENDER" MEANS ANY PERSON CONVICTED OF ANY 28 OFFENSE LISTED IN SUBDIVISION TWO OF THIS SECTION. ANY CONVICTION SET 29 ASIDE PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE. 30 2. "CRIMINAL STREET GANG OFFENSE" MEANS A CONVICTION OF OR A 31 CONVICTION FOR AN ATTEMPT TO COMMIT ANY OF THE CRIMES LISTED IN SECTIONS 32 495.02 AND 495.03 OF THE PENAL LAW RELATING TO PARTICIPATION IN OR 33 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG OR CRIMINAL 34 STREET GANG ACTIVITY, UNLESS UPON MOTION BY THE DEFENDANT, THE TRIAL 35 COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO 36 THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT 37 REGISTRATION WOULD BE UNDULY HARSH AND INAPPROPRIATE. 38 3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS: (A) (I) THE 39 CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE 40 OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE, 41 RELEASE TO POST-RELEASE SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL 42 CONDITIONAL RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFI- 43 CER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF 44 THE COUNTY IN WHICH THE OFFENDER EXPECTS TO RESIDE; OR (III) IF THERE BE 45 NO CHIEF ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE 46 DIVISION OF STATE POLICE; 47 (B) IN THE CASE OF A CRIMINAL STREET GANG OFFENDER WHO IS OR EXPECTS 48 TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, 49 AT AN INSTITUTION OF HIGHER EDUCATION: (I) THE CHIEF LAW ENFORCEMENT 50 OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH INSTITUTION IS 51 LOCATED; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH 52 VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY 53 IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE NO CHIEF LAW 54 ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION 55 OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR EMPLOYS A 56 CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF OF SUCH AGENCY; AND S. 7929 8 1 (C) IN THE CASE OF A CRIMINAL STREET GANG OFFENDER WHO EXPECTS TO 2 RESIDE WITHIN A STATE PARK OR ON OTHER LAND UNDER THE JURISDICTION OF 3 THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE STATE 4 REGIONAL PARK POLICE. 5 4. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS 6 DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW. 7 5. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY 8 AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS 9 CHAPTER. 10 6. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI- 11 CLE SIXTY-FIVE OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI- 12 SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION. 13 7. "INSTITUTION OF HIGHER EDUCATION" MEANS AN INSTITUTION IN THE STATE 14 PROVIDING HIGHER EDUCATION AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT 15 OF SECTION TWO OF THE EDUCATION LAW. 16 S 169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE 17 DIVISION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO 18 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE 19 THE FOLLOWING INFORMATION OF EACH REGISTRANT: 20 (A) THE CRIMINAL STREET GANG OFFENDER'S NAME, ALL ALIASES USED, DATE 21 OF BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, 22 HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE, ANY INTERNET ACCOUNTS 23 WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER AND INTERNET 24 IDENTIFIERS THAT SUCH OFFENDER USES. 25 (B) A PHOTOGRAPH AND SET OF FINGERPRINTS, THE PHOTOGRAPH TO BE UPDATED 26 AS OFTEN AS THE DIVISION SHALL DEEM NECESSARY BUT NOT LESS THAN ONCE 27 EVERY TWO YEARS. 28 (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE CRIMINAL STREET GANG 29 OFFENDER WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED. 30 (D) THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT 31 WHICH THE CRIMINAL STREET GANG OFFENDER IS OR EXPECTS TO BE ENROLLED, 32 ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH 33 OFFENDER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY 34 SUCH INSTITUTION. 35 (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION. 36 2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO 37 ANY REGIONAL OR NATIONAL REGISTRY OF CRIMINAL STREET GANG OFFENDERS, OR 38 REGISTRY THAT HAS A PRINCIPAL, SHARED, OR SIMILAR PURPOSE, HOWEVER 39 NAMED, FOR THE PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT 40 FILES FROM ANY SUCH REGIONAL OR NATIONAL REGISTRY OF CRIMINAL STREET 41 GANG OFFENDERS AND SHALL MAKE SUCH FILES AVAILABLE WHEN REQUESTED PURSU- 42 ANT TO THE PROVISIONS OF THIS ARTICLE. 43 (B) NO OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC 44 OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR 45 DAMAGES FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI- 46 NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY PURSUANT TO 47 THIS SUBDIVISION, PROVIDED THAT SUCH OFFICIAL, AGENCY, AUTHORIZED PERSON 48 OR ENTITY ACTED REASONABLY AND IN GOOD FAITH WITH RESPECT TO SUCH REGIS- 49 TRY INFORMATION. 50 (C) THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE 51 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN FURTHERANCE OF THE PROVISIONS 52 OF THIS ARTICLE. 53 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE 54 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND 55 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH FORM SHALL 56 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE CRIMINAL S. 7929 9 1 STREET GANG OFFENDER OF HIS OR HER DUTIES AND OBLIGATIONS UNDER THIS 2 ARTICLE. 3 4. THE DIVISION SHALL MAIL A NON-FORWARDABLE VERIFICATION FORM TO THE 4 LAST REPORTED ADDRESS OF THE CRIMINAL STREET GANG OFFENDER FOR ANNUAL 5 VERIFICATION REQUIREMENTS. 6 5. THE DIVISION SHALL ESTABLISH AND OPERATE A TELEPHONE NUMBER AS 7 PROVIDED IN THIS ARTICLE. 8 6. THE DIVISION SHALL CHARGE A FEE OF TEN DOLLARS EACH TIME A CRIMINAL 9 STREET GANG OFFENDER REGISTERS ANY CHANGE OF ADDRESS OR ANY CHANGE OF 10 HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT 11 ANY INSTITUTION OF HIGHER EDUCATION AS REQUIRED BY THIS ARTICLE. THE FEE 12 SHALL BE PAID TO THE DIVISION BY THE CRIMINAL STREET GANG OFFENDER. THE 13 STATE COMPTROLLER IS HEREBY AUTHORIZED TO DEPOSIT SUCH FEES INTO THE 14 GENERAL FUND. 15 S 169-C. CRIMINAL STREET GANG DATABASE. IN DEVELOPING AND MAINTAINING 16 THE STATEWIDE REGISTRATION SYSTEM REQUIRED BY THIS ARTICLE, THE DIVISION 17 MAY ESTABLISH A CRIMINAL STREET GANG DATABASE. IN DOING SO, THE DIVISION 18 SHALL: 19 1. CREATE A UNIFORM REPORTING FORMAT FOR THE ENTRY OF PERTINENT INFOR- 20 MATION REGARDING THE REPORT OF AN ARRESTED CRIMINAL STREET GANG MEMBER 21 OR ORGANIZED GANG AFFILIATES INTO THE DATABASE; 22 2. NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS OF 23 ARRESTED CRIMINAL STREET GANG MEMBERS OR ORGANIZED GANG AFFILIATES SHALL 24 BE ENTERED INTO THE STATEWIDE GANG DATABASE AS SOON AS THE MINIMUM LEVEL 25 OF DATA, TO BE SPECIFIED BY THE DIVISION, IS AVAILABLE TO THE REPORTING 26 AGENCY; 27 3. DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND LOCAL LAW 28 ENFORCEMENT AGENCIES OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET 29 GANGS OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION SIGN OR 30 SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG; 31 4. COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET 32 GANGS AND THEIR MEMBERS AND AFFILIATES IN A MANNER THAT ALLOWS THE 33 INFORMATION TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND 34 OTHER STATE AGENCIES; 35 5. COMPILE AND MAINTAIN AN HISTORIC DATA REPOSITORY RELATING TO ORGAN- 36 IZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN ORDER TO 37 DEVELOP AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT AGENCIES AND 38 PROSECUTORS IN THE INVESTIGATION, APPREHENSION, AND PROSECUTION OF 39 MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS; AND 40 6. CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN- 41 IZED CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET GANG 42 AFFILIATION DATA, TIMELINESS AND ACCURACY OF INFORMATION ENTERED INTO 43 THE STATEWIDE CRIMINAL STREET GANG DATABASE AND PERFORMANCE AUDITS OF 44 ALL AGENCIES ENTERING INFORMATION. 45 S 169-D. CRIMINAL STREET GANG OFFENDER; RELOCATION; NOTIFICATION. 1. 46 IT SHALL BE THE DUTY OF THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY, 47 AT LEAST TEN CALENDAR DAYS PRIOR TO THE RELEASE OR DISCHARGE OF ANY 48 CRIMINAL STREET GANG OFFENDER FROM A CORRECTIONAL FACILITY OR LOCAL 49 CORRECTIONAL FACILITY, TO NOTIFY THE DIVISION OF THE CONTEMPLATED 50 RELEASE OR DISCHARGE OF SUCH CRIMINAL STREET GANG OFFENDER, INFORMING 51 THE DIVISION IN WRITING ON A FORM PROVIDED BY THE DIVISION INDICATING 52 THE ADDRESS AT WHICH SUCH CRIMINAL STREET GANG OFFENDER PROPOSES TO 53 RESIDE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION 54 AT WHICH HE OR SHE EXPECTS TO BE ENROLLED, ATTENDING OR EMPLOYED, WHETH- 55 ER FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE RESIDES IN OR WILL 56 RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTITUTION. IF SUCH S. 7929 10 1 CRIMINAL STREET GANG OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE 2 WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE 3 SENT BY THE CRIMINAL STREET GANG OFFENDER'S PAROLE OFFICER WITHIN 4 FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. IF 5 SUCH CRIMINAL STREET GANG OFFENDER CHANGES THE STATUS OF HIS OR HER 6 ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF 7 HIGHER EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF THE CHANGE OF 8 STATUS SHALL BE SENT BY THE CRIMINAL STREET GANG OFFENDER'S PAROLE OFFI- 9 CER WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE 10 DIVISION. 11 2. IN THE CASE OF ANY CRIMINAL STREET GANG OFFENDER ON PROBATION, IT 12 SHALL BE THE DUTY OF THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFI- 13 CER TO NOTIFY THE DIVISION WITHIN FORTY-EIGHT HOURS OF THE NEW PLACE OF 14 RESIDENCE ON A FORM PROVIDED BY THE DIVISION. IF SUCH CRIMINAL STREET 15 GANG OFFENDER CHANGES THE STATUS OF HIS OR HER ENROLLMENT, ATTENDANCE, 16 EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION WHILE ON 17 PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL BE SENT BY 18 THE CRIMINAL STREET GANG OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT 19 HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION. 20 3. WHEN A CRIMINAL STREET GANG OFFENDER ESCAPES FROM A STATE OR LOCAL 21 CORRECTIONAL FACILITY, THE DESIGNATED OFFICIAL OF THE FACILITY WHERE 22 SUCH OFFENDER WAS CONFINED SHALL NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW 23 ENFORCEMENT AGENCY THAT HAD JURISDICTION AT THE TIME OF HIS OR HER 24 CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF THE NAME AND ALIAS- 25 ES OF THE PERSON, AND THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME 26 OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF 27 ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE 28 OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME 29 TIME A COPY OF SUCH CRIMINAL STREET GANG OFFENDER'S FINGERPRINTS AND 30 PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. 31 4. THE DIVISION SHALL PROVIDE GENERAL INFORMATION, IN REGISTRATION 32 MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA- 33 TION AND REGISTRATION PROCEDURES THAT MAY APPLY IF THE REGISTRANT IS 34 AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR UNITED STATES 35 POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATIONAL 36 INSTITUTION IN ANOTHER STATE OR UNITED STATES POSSESSION. SUCH INFORMA- 37 TION SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES 38 FROM WHICH ADDITIONAL INFORMATION MAY BE OBTAINED. 39 S 169-E. DUTIES OF THE COURT. 1. UPON CONVICTION OF ANY OF THE 40 OFFENSES SET FORTH IN SUBDIVISION TWO OF SECTION ONE HUNDRED 41 SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON IS 42 A CRIMINAL STREET GANG OFFENDER AND SHALL INCLUDE THE CERTIFICATION IN 43 THE ORDER OF COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION. THE COURT 44 SHALL ADVISE THE CRIMINAL STREET GANG OFFENDER OF HIS OR HER DUTIES 45 UNDER THIS ARTICLE. FAILURE TO INCLUDE THE CERTIFICATION IN THE ORDER OF 46 COMMITMENT OR THE JUDGMENT OF CONVICTION SHALL NOT RELIEVE A CRIMINAL 47 STREET GANG OFFENDER OF THE OBLIGATIONS IMPOSED BY THIS ARTICLE. 48 2. A CRIMINAL STREET GANG OFFENDER RELEASED ON PROBATION OR DISCHARGED 49 UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE 50 SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED OF HIS OR HER 51 DUTY TO REGISTER AS REQUIRED BY THIS ARTICLE BY THE COURT IN WHICH HE OR 52 SHE WAS CONVICTED. AT THE TIME SENTENCE IS IMPOSED, SUCH CRIMINAL STREET 53 GANG OFFENDER SHALL REGISTER WITH THE DIVISION ON A FORM PREPARED BY THE 54 DIVISION. THE COURT SHALL REQUIRE THE CRIMINAL STREET GANG OFFENDER TO 55 READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRATION PORTION OF SUCH 56 FORM, WHICH SHALL INCLUDE THE ADDRESS WHERE THE CRIMINAL STREET GANG S. 7929 11 1 OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE, AND THE NAME AND 2 ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS TO BE 3 EMPLOYED BY OR ENROLLED IN, WHETHER FOR COMPENSATION OR NOT, AND WHETHER 4 HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH AN 5 INSTITUTION, AND SHALL REPORT SUCH INFORMATION TO THE DIVISION. THE 6 COURT SHALL GIVE ONE COPY OF THE FORM TO THE CRIMINAL STREET GANG OFFEN- 7 DER AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD THE 8 INFORMATION TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. 9 S 169-F. DISCHARGE OF CRIMINAL STREET GANG OFFENDER FROM CORRECTIONAL 10 FACILITY; DUTIES OF OFFICIAL IN CHARGE. 1. A CRIMINAL STREET GANG 11 OFFENDER, TO BE DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPER- 12 VISION OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY WHERE 13 HE OR SHE WAS CONFINED SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO 14 DISCHARGE, PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER 15 UNDER THIS ARTICLE BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR 16 COMMITTED. THE FACILITY SHALL REQUIRE THE CRIMINAL STREET GANG OFFENDER 17 TO READ AND SIGN SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING 18 THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRATION HAS BEEN 19 EXPLAINED TO HIM OR HER AND TO COMPLETE THE REGISTRATION PORTION OF SUCH 20 FORM. THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE CRIM- 21 INAL STREET GANG OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, 22 PAROLE OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER 23 EDUCATION HE OR SHE EXPECTS TO BE EMPLOYED BY OR ENROLLED IN, WHETHER 24 FOR COMPENSATION OR NOT, AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A 25 FACILITY OWNED OR OPERATED BY SUCH AN INSTITUTION, AND SHALL REPORT SUCH 26 INFORMATION TO THE DIVISION. THE FACILITY SHALL GIVE ONE COPY OF THE 27 FORM TO THE CRIMINAL STREET GANG OFFENDER, RETAIN ONE COPY AND SHALL 28 SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE 29 LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY SHALL GIVE 30 THE CRIMINAL STREET GANG OFFENDER A FORM PREPARED BY THE DIVISION, TO 31 REGISTER WITH THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO 32 RELEASE AND SUCH FORM SHALL BE COMPLETED, SIGNED BY THE CRIMINAL STREET 33 GANG OFFENDER AND SENT TO THE DIVISION BY THE FACILITY AT LEAST TEN DAYS 34 PRIOR TO THE CRIMINAL STREET GANG OFFENDER'S RELEASE OR DISCHARGE. 35 2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA 36 AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT ALREADY 37 OBTAINED. 38 S 169-G. DUTY TO REGISTER AND TO VERIFY. 1. ANY CRIMINAL STREET GANG 39 OFFENDER SHALL, (A) AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, 40 PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE OR 41 LOCAL CORRECTIONAL FACILITY WHERE HE OR SHE WAS CONFINED, OR, (B) AT THE 42 TIME SENTENCE IS IMPOSED FOR ANY CRIMINAL STREET GANG OFFENDER RELEASED 43 ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE 44 OR UNCONDITIONAL DISCHARGE, REGISTER WITH THE DIVISION ON A FORM 45 PREPARED BY THE DIVISION. 46 2. THE FOLLOWING SHALL APPLY TO ANY CRIMINAL STREET GANG OFFENDER 47 REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH ANNIVERSARY OF THE CRIM- 48 INAL STREET GANG OFFENDER'S INITIAL REGISTRATION DATE DURING THE PERIOD 49 IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION: 50 (A) THE CRIMINAL STREET GANG OFFENDER SHALL MAIL THE VERIFICATION FORM 51 TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM. THE 52 VERIFICATION FORM SHALL BE SIGNED BY THE CRIMINAL STREET GANG OFFENDER, 53 AND SHALL STATE WHETHER HE OR SHE STILL RESIDES AT THE ADDRESS LAST 54 REPORTED TO THE DIVISION, AND STATE WHETHER HE OR SHE IS STILL EMPLOYED 55 AT THE ADDRESS LAST REPORTED TO THE DIVISION. S. 7929 12 1 (B) THE CRIMINAL STREET GANG OFFENDER SHALL PERSONALLY APPEAR AT THE 2 LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN TWENTY DAYS OF THE 3 FIRST ANNIVERSARY OF THE CRIMINAL STREET GANG OFFENDER'S INITIAL REGIS- 4 TRATION AND EVERY YEAR THEREAFTER DURING THE PERIOD OF REGISTRATION FOR 5 THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE LAW 6 ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH THE CRIMINAL 7 STREET GANG OFFENDER AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTO- 8 GRAPH TO THE DIVISION. FOR PURPOSES OF THIS PARAGRAPH, IF SUCH CRIMINAL 9 STREET GANG OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACIL- 10 ITY, THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE 11 WARDEN, SUPERINTENDENT, SHERIFF OR OTHER PERSON IN CHARGE OF THE STATE 12 OR LOCAL CORRECTIONAL FACILITY. 13 (C) IF THE CRIMINAL STREET GANG OFFENDER FAILS TO MAIL THE SIGNED 14 VERIFICATION FORM TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT 15 OF THE FORM, HE OR SHE SHALL BE IN VIOLATION OF THIS SECTION UNLESS HE 16 PROVES THAT HE OR SHE HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS. 17 (D) THE FOREGOING PROVISIONS OF THIS SECTION TO THE CONTRARY NOTWITH- 18 STANDING, THE DUTY TO PERSONALLY APPEAR FOR AN UPDATED PHOTOGRAPH AS 19 REQUIRED BY THIS SECTION SHALL BE TEMPORARILY SUSPENDED DURING ANY PERI- 20 OD IN WHICH THE CRIMINAL STREET GANG OFFENDER IS CONFINED IN ANY HOSPI- 21 TAL OR INSTITUTION, AND SUCH CRIMINAL STREET GANG OFFENDER SHALL 22 PERSONALLY APPEAR FOR SUCH UPDATED PHOTOGRAPH NO LATER THAN NINETY DAYS 23 AFTER RELEASE FROM SUCH HOSPITAL OR INSTITUTION, OR AN ALTERNATE LATER 24 DATE SCHEDULED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION. 25 3. A CRIMINAL STREET GANG OFFENDER SHALL REGISTER WITH THE DIVISION NO 26 LATER THAN TEN CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS, INTERNET 27 ACCOUNTS WITH INTERNET ACCESS PROVIDERS BELONGING TO SUCH OFFENDER, 28 INTERNET IDENTIFIERS THAT SUCH OFFENDER USES, OR HIS OR HER STATUS OF 29 ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF 30 HIGHER EDUCATION. A FEE OF TEN DOLLARS, AS AUTHORIZED BY SUBDIVISION SIX 31 OF SECTION ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, SHALL BE SUBMITTED 32 BY THE CRIMINAL STREET GANG OFFENDER EACH TIME SUCH OFFENDER REGISTERS 33 ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, 34 ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCA- 35 TION. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT 36 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE 37 OF STATUS. 38 4. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT 39 BE APPLICABLE TO ANY CRIMINAL STREET GANG OFFENDER WHOSE CONVICTION WAS 40 REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR. 41 S 169-H. DURATION OF REGISTRATION AND VERIFICATION; REQUIREMENTS. 1. 42 THE DURATION OF REGISTRATION AND VERIFICATION FOR A CRIMINAL STREET GANG 43 OFFENDER SHALL BE ANNUALLY FOR FIVE YEARS FOR A CRIMINAL STREET GANG 44 OFFENDER WHO IS A MISDEMEANOR OFFENDER, AND ANNUALLY FOR TEN YEARS FOR A 45 CRIMINAL STREET GANG OFFENDER WHO IS A FELONY OFFENDER. 46 2. REGISTRATION AND VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL 47 CONSIST OF A STATEMENT IN WRITING SIGNED BY THE CRIMINAL STREET GANG 48 OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE 49 DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELECTRONIC 50 DATABASE OR FILE. 51 S 169-I. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF 52 ADDRESS. UPON RECEIPT OF A CHANGE OF ADDRESS BY A CRIMINAL STREET GANG 53 OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL 54 NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW 55 PLACE OF RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY WHERE THE CRIMI- 56 NAL STREET GANG OFFENDER LAST RESIDED OF THE NEW PLACE OF RESIDENCE. THE S. 7929 13 1 DIVISION SHALL, IF THE CRIMINAL STREET GANG OFFENDER CHANGES RESIDENCE 2 TO ANOTHER STATE, NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE 3 NEW PLACE OF RESIDENCE. 4 S 169-J. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 5 CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU- 6 TION, DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY, PROBATION DEPARTMENT, 7 DIVISION OF PAROLE, COURT OR CHILD PROTECTIVE AGENCY SHALL FORWARD RELE- 8 VANT INFORMATION PERTAINING TO A CRIMINAL STREET GANG OFFENDER TO BE 9 DISCHARGED, PAROLED, RELEASED TO POST-RELEASE SUPERVISION OR RELEASED TO 10 THE DIVISION FOR REVIEW NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO 11 THE RELEASE OR DISCHARGE AND THE DIVISION SHALL MAKE RECOMMENDATIONS AS 12 PROVIDED IN SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE WITHIN 13 SIXTY DAYS OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT 14 MAY NOT BE LIMITED TO ALL OR A PORTION OF THE ARREST FILE, PROSECUTOR'S 15 FILE, PROBATION OR PAROLE FILE, CHILD PROTECTIVE FILE, COURT FILE, 16 COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAINING TO SUCH 17 PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFOR- 18 MATION RELEVANT TO THE REVIEW. UPON APPLICATION OF THE CRIMINAL STREET 19 GANG OFFENDER OR THE DISTRICT ATTORNEY, THE COURT SHALL SEAL ANY PORTION 20 OF THE BOARD'S FILE PERTAINING TO THE CRIMINAL STREET GANG OFFENDER 21 WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY STATE OR FEDERAL 22 LAW; PROVIDED, HOWEVER, THAT IN ANY SUBSEQUENT PROCEEDINGS IN WHICH THE 23 CRIMINAL STREET GANG OFFENDER WHO IS THE SUBJECT OF THE SEALED RECORD IS 24 A PARTY AND WHICH REQUIRES THE BOARD TO PROVIDE A RECOMMENDATION TO THE 25 COURT PURSUANT TO THIS ARTICLE, SUCH SEALED RECORD SHALL BE AVAILABLE TO 26 THE CRIMINAL STREET GANG OFFENDER, THE DISTRICT ATTORNEY, THE COURT AND 27 THE ATTORNEY GENERAL WHERE THE ATTORNEY GENERAL IS A PARTY, OR REPRES- 28 ENTS A PARTY, IN THE PROCEEDING. 29 S 169-K. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY, 30 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL 31 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT 32 AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN 33 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN 34 BAD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE 35 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO 36 THE GENERAL PUBLIC. 37 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR 38 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY 39 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO 40 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION UNLESS IT IS SHOWN 41 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN 42 BAD FAITH. 43 S 169-L. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST 44 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, AND THE LEGISLATURE 45 DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND 46 EFFECTIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY 47 RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE. 48 S 169-M. PENALTY. ANY CRIMINAL STREET GANG OFFENDER REQUIRED TO REGIS- 49 TER OR TO VERIFY PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO 50 REGISTER OR VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS PROVIDED 51 FOR IN THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY UPON CONVICTION 52 FOR THE FIRST OFFENSE. UPON CONVICTION FOR A SECOND OR SUBSEQUENT 53 OFFENSE SUCH CRIMINAL STREET GANG OFFENDER SHALL BE GUILTY OF A CLASS D 54 FELONY. S. 7929 14 1 S 169-N. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE 2 OF ANY INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO THIS ARTICLE 3 SHALL BE A CLASS B MISDEMEANOR. 4 S 169-O. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF 5 SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, 6 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR 7 ANY OTHER SECTION OR PART THEREOF. 8 S 8. Section 109 of the correction law is renumbered section 110 and 9 a new section 109 is added to read as follows: 10 S 109. THE DEPARTMENT SHALL ESTABLISH A PROGRAM, AFTER CONSULTATION 11 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND WITH CHIEFS AND 12 COMMISSIONERS OF POLICE, UNDER WHICH THE LEADERS OF CRIMINAL STREET 13 GANGS MAY BE SENT TO OTHER STATE INSTITUTIONS PURSUANT TO AGREEMENTS 14 EXECUTED UNDER SECTION ONE HUNDRED THREE OF THIS CHAPTER. 15 S 9. The education law is amended by adding a new article 25 to read 16 as follows: 17 ARTICLE 25 18 GANG PREVENTION 19 SECTION 1210. GANG PREVENTION. 20 1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 21 1212. DRESS CODE CONCERNING GANG-RELATED APPAREL. 22 1213. CRIMINAL STREET GANG AND VIOLENCE PREVENTION PARTNERSHIP 23 PROGRAM. 24 S 1210. GANG PREVENTION. THE DEPARTMENT SHALL PREPARE AND DISTRIBUTE 25 TO SCHOOLS GUIDELINES FOR INCORPORATING IN-SERVICE TRAINING IN GANG 26 VIOLENCE FOR TEACHERS, COUNSELORS, ATHLETIC DIRECTORS, SCHOOL BOARD 27 MEMBERS, AND OTHER EDUCATIONAL PERSONNEL INTO THE STAFF DEVELOPMENT 28 PLANS, AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING COMPRE- 29 HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND 30 GUIDELINES, TO THE MAXIMUM EXTENT POSSIBLE, SHALL ENCOURAGE SCHOOLS TO 31 AVOID DUPLICATION OF EFFORT BY SHARING RESOURCES; ADAPTING OR ADOPTING 32 MODEL IN-SERVICE TRAINING PROGRAMS; DEVELOPING JOINT AND COLLABORATIVE 33 PROGRAMS; AND COORDINATING EFFORTS WITH EXISTING STATE AND LOCAL GANG 34 VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY AND CITY LAW ENFORCEMENT 35 AGENCIES, AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG VIOLENCE 36 PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL. 37 THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE 38 RECEIPT OF FEDERAL AND STATE FUNDS TO SUPPORT THEIR GANG VIOLENCE AND 39 DRUG AND ALCOHOL ABUSE PREVENTION IN-SERVICE TRAINING PROGRAMS. THE 40 DEPARTMENT SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES 41 REGARDING GANG VIOLENCE. 42 THE TERM "GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION IN-SER- 43 VICE TRAINING" AS USED IN THIS SECTION MEANS THE PRESENTATION OF 44 PROGRAMS, INSTRUCTION, AND CURRICULA THAT WILL HELP EDUCATORS DEVELOP 45 COMPETENCIES IN INTERACTING IN A POSITIVE MANNER WITH CHILDREN AND YOUTH 46 TO ASSIST THEM IN DEVELOPING THE POSITIVE VALUES, SELF-ESTEEM, KNOW- 47 LEDGE, AND SKILLS TO LEAD PRODUCTIVE, GANG-FREE, AND DRUG-FREE LIVES, 48 INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES OF GANG VIOLENCE 49 AND SUBSTANCE ABUSE, AND TRAINING REGARDING AVAILABLE INFORMATION AND 50 RESOURCES CONCERNING GANG VIOLENCE. 51 S 1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1. THE 52 DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIMINAL JUSTICE 53 SERVICES, SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM FOR 54 USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION 55 OF THE CURRICULUM AND OF PUPIL OUTCOMES. S. 7929 15 1 2. IN DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN CONJUNCTION WITH 2 THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL ASSESS THE CURRENT 3 STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT- 4 ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL 5 PROVIDE OR MAINTAIN A HIGH LEVEL OF SCHOOL SAFETY AND ADDRESS THE 6 SCHOOL'S PROCEDURES FOR COMPLYING WITH EXISTING LAWS RELATED TO SCHOOL 7 SAFETY. 8 3. UPON REQUEST, THE DEPARTMENT SHALL ASSIST SCHOOL DISTRICTS IN 9 DEVELOPING COMPREHENSIVE GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE 10 PREVENTION IN-SERVICE TRAINING PROGRAMS. SUCH GUIDELINES SHALL TO THE 11 MAXIMUM EXTENT POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO SHARE RESOURCES, 12 DEVELOP JOINT AND COLLABORATIVE PROGRAMS, AND COORDINATE EFFORTS WITH 13 OTHER EXISTING STATE AND LOCAL PROGRAMS. 14 4. THE DEPARTMENT SHALL PREPARE AND DISTRIBUTE TO SCHOOL DISTRICTS 15 GUIDELINES FOR INCORPORATING IN-SERVICE TRAINING IN GANG VIOLENCE AND 16 DRUG AND ALCOHOL ABUSE PREVENTION FOR TEACHERS, COUNSELORS, ATHLETIC 17 DIRECTORS, SCHOOL BOARD MEMBERS, AND OTHER EDUCATIONAL PERSONNEL INTO 18 THE STAFF DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND COUNTY OFFICES 19 OF EDUCATION. SUCH TRAINING SHALL INCLUDE INSTRUCTION TO TEACHERS AND 20 ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG 21 REGALIA AND GANG AFFILIATION. 22 S 1212. DRESS CODE CONCERNING GANG-RELATED APPAREL. ANY OTHER 23 PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE GOVERN- 24 ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS 25 CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB- 26 ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF 27 THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID- 28 UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI- 29 CY IS NECESSARY FOR THE HEALTH AND SAFETY OF THE SCHOOL ENVIRONMENT. 30 INDIVIDUAL SCHOOLS MAY INCLUDE THE REASONABLE DRESS CODE POLICY. THE 31 GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO 32 HAVE THEIR CHILDREN COMPLY WITH AN ADOPTED SCHOOL UNIFORM POLICY. NO 33 PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST 34 NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE 35 THE PUPIL COMPLY WITH THE SCHOOL UNIFORM POLICY. THE GOVERNING BOARD 36 SHALL CONTINUE TO HAVE RESPONSIBILITY FOR THE APPROPRIATE EDUCATION OF 37 SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY 38 OUT THE INTENT AND PURPOSES OF THIS SECTION. 39 S 1213. CRIMINAL STREET GANG AND VIOLENCE PREVENTION PARTNERSHIP 40 PROGRAM. 1. THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM- 41 INAL JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR PROGRAMS 42 FROM THE CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO 43 SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL 44 BE DISBURSED TO NON-PROFIT AGENCIES THAT COMPLY WITH THE PROGRAM 45 REQUIREMENTS AND WHO MEET FUNDING CRITERIA. 46 2. GRANTS DISBURSED PURSUANT TO THIS SECTION MAY ENHANCE BUT SHALL NOT 47 SUPPLANT LOCAL, STATE, OR FEDERAL FUNDS THAT WOULD OTHERWISE BE AVAIL- 48 ABLE FOR THE PREVENTION OR INTERVENTION OF YOUTH INVOLVEMENT IN GANGS, 49 CRIME, OR VIOLENCE. GRANTS SHALL BE AWARDED PURSUANT TO A REQUEST FOR 50 PROPOSALS THAT INFORMS APPLICANTS OF THE PURPOSES AND AVAILABILITY OF 51 FUNDS TO BE AWARDED AND SOLICITS PROPOSALS TO PROVIDE SERVICES CONSIST- 52 ENT WITH THIS ARTICLE. AGENCIES RECEIVING FUNDS PURSUANT TO THIS SECTION 53 SHALL UTILIZE THE FUNDS TO PROVIDE SERVICES AND ACTIVITIES DESIGNED TO 54 PREVENT OR DETER AT-RISK YOUTH FROM PARTICIPATING IN GANGS, CRIMINAL 55 ACTIVITY, OR VIOLENT BEHAVIOR. SUCH FUNDS MAY NOT BE USED FOR SERVICES 56 OR ACTIVITIES RELATED TO SUPPRESSION, LAW ENFORCEMENT, INCARCERATION, OR S. 7929 16 1 OTHER PURPOSES NOT RELATED TO THE PREVENTION AND DETERRENCE OF GANGS, 2 CRIME, AND VIOLENCE. NOTHING IN THIS SUBDIVISION SHALL PREVENT FUNDS 3 FROM BEING USED FOR VIOLENCE PREVENTION AND GANG CRIME DETERRENCE 4 SERVICES PROVIDED BY NONPROFIT AGENCIES TO YOUTHS INCARCERATED IN JUVE- 5 NILE DETENTION FACILITIES. SERVICES AND ACTIVITIES PROVIDED WITH FUNDS 6 UNDER THIS SECTION SHALL BE USED FOR AT-RISK YOUTH WHO ARE DEFINED AS 7 PERSONS FROM AGE FIVE TO TWENTY YEARS OF AGE AND WHO ARE CURRENT OR 8 FORMER GANG MEMBERS, OR WHO HAVE ONE OR MORE FAMILY MEMBERS LIVING AT 9 HOME WHO ARE CURRENT OR FORMER MEMBERS OF A GANG. 10 3. THE DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE CRIMINAL STREET 11 GANG AND VIOLENCE PREVENTION PARTNERSHIP PROGRAM AFTER TWO YEARS OF 12 PROGRAM OPERATION AND EACH YEAR THEREAFTER, TO ASSESS THE EFFECTIVENESS 13 AND RESULTS OF THE PROGRAM. THE EVALUATION SHALL BE CONDUCTED BY STAFF 14 OR AN INDEPENDENT BODY THAT HAS EXPERIENCE IN EVALUATING PROGRAMS OPER- 15 ATED BY COMMUNITY-BASED ORGANIZATIONS OR NONPROFIT AGENCIES. AFTER TWO 16 YEARS OF PROGRAM OPERATION, AND EACH YEAR THEREAFTER, THE DEPARTMENT 17 SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE DESCRIBING 18 IN DETAIL THE OPERATION OF THE PROGRAM AND THE RESULTS OBTAINED. 19 S 10. The executive law is amended by adding a new section 837-s to 20 read as follows: 21 S 837-S. OFFICE OF CRIMINAL STREET GANG AND YOUTH VIOLENCE PREVENTION. 22 1. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION OF 23 CRIMINAL JUSTICE SERVICES THE OFFICE OF CRIMINAL STREET GANGS AND YOUTH 24 VIOLENCE (HEREINAFTER IN THIS SECTION, THE "OFFICE"). THE HEAD OF SUCH 25 OFFICE SHALL BE THE DIRECTOR OF CRIMINAL STREET GANG AND YOUTH VIOLENCE 26 PREVENTION (HEREINAFTER IN THIS SECTION, THE "DIRECTOR"). 27 2. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL BE RESPONSIBLE FOR 28 IDENTIFYING AND EVALUATING STATE, LOCAL, AND FEDERAL GANG AND YOUTH 29 VIOLENCE SUPPRESSION, INTERVENTION, AND PREVENTION PROGRAMS AND STRATE- 30 GIES, ALONG WITH FUNDING FOR THOSE EFFORTS. THE DIRECTOR SHALL BE 31 RESPONSIBLE FOR MONITORING, ASSESSING, AND COORDINATING THE STATE'S 32 PROGRAMS, STRATEGIES, AND FUNDING THAT ADDRESS GANG AND YOUTH VIOLENCE 33 IN A MANNER THAT MAXIMIZES THE EFFECTIVENESS AND COORDINATION OF THOSE 34 PROGRAMS, STRATEGIES, AND RESOURCES. THE DIRECTOR SHALL COMMUNICATE WITH 35 LOCAL AGENCIES AND PROGRAMS IN AN EFFORT TO PROMOTE THE BEST PRACTICES 36 FOR ADDRESSING GANG AND YOUTH VIOLENCE THROUGH SUPPRESSION, INTER- 37 VENTION, AND PREVENTION. OFFICE ACTIVITIES AS TO SUCH MATTERS SHALL 38 INCLUDE, BUT NOT BE LIMITED TO: 39 (A) DEVELOPING RECOMMENDATIONS TO DEFINE ITS MISSION, ROLE, AND 40 RESPONSIBILITIES AS A STATEWIDE ENTITY DEDICATED TO REDUCING VIOLENCE 41 AND THE PROLIFERATION OF GANGS AND GANG VIOLENCE PURSUANT TO THIS 42 SECTION. IN DEVELOPING RECOMMENDATIONS, THE OFFICE SHALL COLLABORATE 43 WITH STATE AND LOCAL STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, 44 NOT-FOR-PROFIT ORGANIZATIONS SERVING AT-RISK POPULATIONS AND NEIGHBOR- 45 HOODS, LAW ENFORCEMENT, EDUCATORS, THE COURTS, POLICY EXPERTS AND SCHOL- 46 ARS WITH EXPERTISE IN THE AREA OF CRIMINAL STREET GANGS, AND LOCAL POLI- 47 CYMAKERS. 48 (B) IN COLLABORATION WITH STATE AND LOCAL STAKEHOLDERS, DEFINING 49 ACTIVITIES INCLUDING: 50 (I) THE COLLECTION AND ANALYSIS OF DATA ON GANG MEMBERSHIP STATEWIDE 51 AND THE EFFECTIVENESS OF VARIOUS GANG PREVENTION EFFORTS. 52 (II) THE DEVELOPMENT OF RELIABLE AND ACCURATE SOURCES OF DATA TO MEAS- 53 URE THE SCALE AND CHARACTERISTICS OF CRIMINAL STREET GANG PROBLEMS. 54 (III) THE DEVELOPMENT OF A CLEARINGHOUSE FOR RESEARCH ON CRIMINAL 55 STREET GANGS, AT-RISK YOUTH, AND PREVENTION AND INTERVENTION PROGRAMS IN 56 ORDER TO IDENTIFY BEST PRACTICES AND EVIDENCE-BASED PROGRAMMING, AS WELL S. 7929 17 1 AS UNSUCCESSFUL PRACTICES, IN ORDER TO PROMOTE EFFECTIVE STRATEGIES FOR 2 REDUCING CRIMINAL STREET GANG INVOLVEMENT AND CRIMINAL STREET GANG 3 VIOLENCE. 4 (IV) THE BEST METHODS TO ASSIST STATE AND LOCAL GOVERNMENTAL AND OTHER 5 ORGANIZATIONS IN DEVELOPING CRIMINAL STREET GANG VIOLENCE AND CRIMINAL 6 STREET GANG PREVENTION STRATEGIES, INCLUDING BUILT-IN EVALUATION COMPO- 7 NENTS. 8 (V) THE DEVELOPMENT OF SUSTAINED COORDINATION MECHANISMS AMONG STATE, 9 LOCAL, AND REGIONAL ENTITIES. 10 (VI) THE IDENTIFICATION OF AVAILABLE OR NEEDED FEDERAL, STATE, 11 REGIONAL, LOCAL, AND PRIVATE FUNDING RESOURCES. 12 (VII) THE BEST MEANS TO PROVIDE AND PROMOTE PUBLIC EDUCATION ON EFFEC- 13 TIVE PROGRAMS, MODELS, AND STRATEGIES FOR THE CONTROL OF VIOLENCE AND 14 SERVING AS A CLEARINGHOUSE FOR INFORMATION ON CRIMINAL STREET GANG 15 VIOLENCE PREVENTION ISSUES, PROGRAMS, RESOURCES, AND RESEARCH. 16 (VIII) MEANS OF PROVIDING OR PROMOTING TRAINING AND TECHNICAL ASSIST- 17 ANCE TO HELP BUILD THE CAPACITY OF ORGANIZATIONS, COMMUNITIES, AND LOCAL 18 GOVERNMENT TO DEVELOP, IMPLEMENT, AND EVALUATE CRIMINAL STREET GANG 19 VIOLENCE PREVENTION PROGRAMS. 20 (IX) PROVIDING INFORMATION AND GUIDANCE TO STATE AND LOCAL GOVERN- 21 MENTAL AND NON-GOVERNMENTAL ENTITIES ON ACCESSING STATE AND FEDERAL 22 RESOURCES TO PREVENT CRIMINAL STREET GANG VIOLENCE. 23 (X) FACILITATING GREATER INTEGRATION BETWEEN EXISTING ENTITIES WITH 24 RESPECT TO CRIMINAL STREET GANG PREVENTION EFFORTS. 25 3. REPORT. THE OFFICE SHALL PUBLISH A REPORT OF ITS POLICY RECOMMENDA- 26 TIONS AND ACTIVITIES, WHICH IT SHALL PROVIDE TO THE LEGISLATURE AND THE 27 GOVERNOR, AND MAKE AVAILABLE TO THE PUBLIC ONLINE. THE OFFICE SHALL 28 ANNUALLY UPDATE SUCH REPORT, AND INCLUDE RECOMMENDATIONS FOR MORE EFFEC- 29 TIVE ACTION, PROGRAM CHANGES, AND STATUTORY CHANGES TO BETTER PREVENT 30 THE PROLIFERATION OF CRIMINAL STREET GANGS AND CRIMINAL STREET GANG 31 VIOLENCE. 32 4. CURRICULUM. THE OFFICE IN COLLABORATION WITH THE DEPARTMENT OF 33 EDUCATION, SHALL ESTABLISH CURRICULUM FOR THE ANTI-GANG VIOLENCE PARENT- 34 ING CLASSES REQUIRED PURSUANT TO THIS SECTION, INCLUDING, BUT NOT LIMIT- 35 ED TO, ALL OF THE FOLLOWING CRITERIA: 36 (A) A MEETING IN WHICH THE FAMILIES OF INNOCENT VICTIMS OF CRIMINAL 37 STREET GANG VIOLENCE SHARE THEIR EXPERIENCES. 38 (B) A MEETING IN WHICH THE SURVIVING PARENTS OF A DECEASED CRIMINAL 39 STREET GANG MEMBER SHARE THEIR EXPERIENCE. 40 (C) HOW TO IDENTIFY CRIMINAL STREET GANG AND DRUG-RELATED ACTIVITY IN 41 CHILDREN. 42 (D) HOW TO COMMUNICATE EFFECTIVELY WITH ADOLESCENTS. 43 (E) AN OVERVIEW OF PERTINENT SUPPORT AGENCIES AND ORGANIZATIONS FOR 44 INTERVENTION, EDUCATION, JOB TRAINING, AND POSITIVE RECREATIONAL ACTIV- 45 ITIES, INCLUDING TELEPHONE NUMBERS, LOCATIONS, AND CONTACT NAMES OF 46 THOSE AGENCIES AND ORGANIZATIONS. 47 (F) THE POTENTIAL FINES AND PERIODS OF INCARCERATION FOR THE COMMIS- 48 SION OF ADDITIONAL CRIMINAL STREET GANG-RELATED OFFENSES. 49 (G) THE POTENTIAL PENALTIES THAT MAY BE IMPOSED UPON PARENTS FOR 50 AIDING AND ABETTING CRIMES COMMITTED BY THEIR CHILDREN. 51 5. CRIMINAL STREET GANG DATABASE. IN DEVELOPING AND MAINTAINING THE 52 STATEWIDE CRIMINAL STREET GANG REGISTRATION SYSTEM REQUIRED PURSUANT TO 53 ARTICLE SIX-D OF THE CORRECTION LAW, THE DIVISION OF CRIMINAL JUSTICE 54 SERVICES, THROUGH THE OFFICE MAY ESTABLISH A CRIMINAL STREET GANG DATA- 55 BASE. IN DOING DO, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL: S. 7929 18 1 (A) CREATE A UNIFORM REPORTING FORMAT FOR THE ENTRY OF PERTINENT 2 INFORMATION REGARDING THE REPORT OF AN ARRESTED CRIMINAL STREET GANG 3 MEMBER OR ORGANIZED CRIMINAL STREET GANG AFFILIATES INTO THE DATABASE. 4 (B) NOTIFY ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS 5 OF ARRESTED CRIMINAL STREET GANG MEMBERS OR ORGANIZED CRIMINAL STREET 6 GANG AFFILIATES SHALL BE ENTERED INTO THE STATEWIDE CRIMINAL STREET GANG 7 DATABASE AS SOON AS THE MINIMUM LEVEL OF DATA, TO BE SPECIFIED BY THE 8 DIVISION OF CRIMINAL JUSTICE SERVICES, IS AVAILABLE TO THE REPORTING 9 AGENCY. 10 (C) DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND LOCAL LAW 11 ENFORCEMENT AGENCIES OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET 12 GANGS OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION SIGN OR 13 SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG. 14 (D) COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET 15 GANGS AND THEIR MEMBERS AND AFFILIATES IN A MANNER THAT ALLOWS THE 16 INFORMATION TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND 17 OTHER STATE AGENCIES. 18 (E) COMPILE AND MAINTAIN AN HISTORIC DATA REPOSITORY RELATING TO 19 ORGANIZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN 20 ORDER TO DEVELOP AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT 21 AGENCIES AND PROSECUTORS IN THE INVESTIGATION, APPREHENSION, AND PROSE- 22 CUTION OF MEMBERS AND AFFILIATES OF ORGANIZED CRIMINAL STREET GANGS. 23 (F) CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN- 24 IZED CRIMINAL STREET GANG MEMBERSHIP AND ORGANIZED CRIMINAL STREET GANG 25 AFFILIATION DATA, TIMELINESS AND ACCURACY OF INFORMATION ENTERED INTO 26 THE STATEWIDE CRIMINAL STREET GANG DATABASE AND PERFORMANCE AUDITS OF 27 ALL AGENCIES ENTERING INFORMATION. 28 6. PILOT PROGRAM. THE DIVISION OF CRIMINAL JUSTICE SERVICES THROUGH 29 THE OFFICE, AND IN COOPERATION WITH THE DEPARTMENT OF CORRECTIONAL 30 ALTERNATIVES, SHALL ESTABLISH A PILOT PROGRAM UNDER WHICH LEADERS OF 31 CRIMINAL STREET GANGS MAY BE TRANSFERRED TO PRISONS IN OTHER STATES 32 PURSUANT TO SECTION ONE HUNDRED THREE OF THE CORRECTION LAW. THE DIVI- 33 SION OF CRIMINAL JUSTICE SERVICES SHALL REPORT BIENNIALLY ON THE SUCCESS 34 OF SUCH PROGRAM, WITH RECOMMENDATIONS FOR CHANGE, TO THE LEGISLATURE AND 35 THE GOVERNOR. 36 S 11. Subdivision (f) of section 10.03 of the mental hygiene law, as 37 added by chapter 7 of the laws of 2007, is amended to read as follows: 38 (f) "Designated felony" means any felony offense defined by any of the 39 following provisions of the penal law: assault in the second degree as 40 defined in section 120.05, assault in the first degree as defined in 41 section 120.10, gang assault in the second degree as defined in section 42 [120.06] 495.07, gang assault in the first degree as defined in section 43 [120.07] 495.08, stalking in the first degree as defined in section 44 120.60, manslaughter in the second degree as defined in subdivision one 45 of section 125.15, manslaughter in the first degree as defined in 46 section 125.20, murder in the second degree as defined in section 47 125.25, aggravated murder as defined in section 125.26, murder in the 48 first degree as defined in section 125.27, kidnapping in the second 49 degree as defined in section 135.20, kidnapping in the first degree as 50 defined in section 135.25, burglary in the third degree as defined in 51 section 140.20, burglary in the second degree as defined in section 52 140.25, burglary in the first degree as defined in section 140.30, arson 53 in the second degree as defined in section 150.15, arson in the first 54 degree as defined in section 150.20, robbery in the third degree as 55 defined in section 160.05, robbery in the second degree as defined in 56 section 160.10, robbery in the first degree as defined in section S. 7929 19 1 160.15, promoting prostitution in the second degree as defined in 2 section 230.30, promoting prostitution in the first degree as defined in 3 section 230.32, compelling prostitution as defined in section 230.33, 4 disseminating indecent material to minors in the first degree as defined 5 in section 235.22, use of a child in a sexual performance as defined in 6 section 263.05, promoting an obscene sexual performance by a child as 7 defined in section 263.10, promoting a sexual performance by a child as 8 defined in section 263.15, or any felony attempt or conspiracy to commit 9 any of the foregoing offenses. 10 S 12. Paragraph (a) of subdivision 2 of section 60.07 of the penal 11 law, as added by chapter 148 of the laws of 2000, is amended to read as 12 follows: 13 (a) the term "specified offense" shall mean an attempt to commit 14 murder in the second degree as defined in section 125.25 of this chap- 15 ter, gang assault in the first degree as defined in section [120.07] 16 495.08 of this chapter, gang assault in the second degree as defined in 17 section [120.06] 495.07 of this chapter, assault in the first degree as 18 defined in section 120.10 of this chapter, manslaughter in the first 19 degree as defined in section 125.20 of this chapter, manslaughter in the 20 second degree as defined in section 125.15 of this chapter, robbery in 21 the first degree as defined in section 160.15 of this chapter, robbery 22 in the second degree as defined in section 160.10 of this chapter, or 23 the attempted commission of any of the following offenses: gang assault 24 in the first degree as defined in section 120.07, assault in the first 25 degree as defined in section 120.10, manslaughter in the first degree as 26 defined in section 125.20 or robbery in the first degree as defined in 27 section 160.15; 28 S 13. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the 29 penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 30 and paragraph (b) as separately amended by chapters 764 and 765 of the 31 laws of 2005, are amended to read as follows: 32 (a) Class B violent felony offenses: an attempt to commit the class 33 A-I felonies of murder in the second degree as defined in section 34 125.25, kidnapping in the first degree as defined in section 135.25, and 35 arson in the first degree as defined in section 150.20; manslaughter in 36 the first degree as defined in section 125.20, aggravated manslaughter 37 in the first degree as defined in section 125.22, rape in the first 38 degree as defined in section 130.35, criminal sexual act in the first 39 degree as defined in section 130.50, aggravated sexual abuse in the 40 first degree as defined in section 130.70, course of sexual conduct 41 against a child in the first degree as defined in section 130.75; 42 assault in the first degree as defined in section 120.10, kidnapping in 43 the second degree as defined in section 135.20, burglary in the first 44 degree as defined in section 140.30, arson in the second degree as 45 defined in section 150.15, robbery in the first degree as defined in 46 section 160.15, incest in the first degree as defined in section 255.27, 47 criminal possession of a weapon in the first degree as defined in 48 section 265.04, criminal use of a firearm in the first degree as defined 49 in section 265.09, criminal sale of a firearm in the first degree as 50 defined in section 265.13, aggravated assault upon a police officer or a 51 peace officer as defined in section 120.11, gang assault in the first 52 degree as defined in section [120.07] 495.08, intimidating a victim or 53 witness in the first degree as defined in section 215.17, hindering 54 prosecution of terrorism in the first degree as defined in section 55 490.35, criminal possession of a chemical weapon or biological weapon in 56 the second degree as defined in section 490.40, and criminal use of a S. 7929 20 1 chemical weapon or biological weapon in the third degree as defined in 2 section 490.47. 3 (b) Class C violent felony offenses: an attempt to commit any of the 4 class B felonies set forth in paragraph (a); aggravated criminally 5 negligent homicide as defined in section 125.11, aggravated manslaughter 6 in the second degree as defined in section 125.21, aggravated sexual 7 abuse in the second degree as defined in section 130.67, assault on a 8 peace officer, police officer, fireman or emergency medical services 9 professional as defined in section 120.08, gang assault in the second 10 degree as defined in section [120.06] 495.07, burglary in the second 11 degree as defined in section 140.25, robbery in the second degree as 12 defined in section 160.10, criminal possession of a weapon in the second 13 degree as defined in section 265.03, criminal use of a firearm in the 14 second degree as defined in section 265.08, criminal sale of a firearm 15 in the second degree as defined in section 265.12, criminal sale of a 16 firearm with the aid of a minor as defined in section 265.14, soliciting 17 or providing support for an act of terrorism in the first degree as 18 defined in section 490.15, hindering prosecution of terrorism in the 19 second degree as defined in section 490.30, and criminal possession of a 20 chemical weapon or biological weapon in the third degree as defined in 21 section 490.37. 22 S 14. Subdivision 2 of section 130.91 of the penal law, as added by 23 chapter 7 of the laws of 2007, is amended to read as follows: 24 2. A "specified offense" is a felony offense defined by any of the 25 following provisions of this chapter: assault in the second degree as 26 defined in section 120.05, assault in the first degree as defined in 27 section 120.10, gang assault in the second degree as defined in section 28 [120.06] 495.07, gang assault in the first degree as defined in section 29 [120.07] 495.08, stalking in the first degree as defined in section 30 120.60, manslaughter in the second degree as defined in subdivision one 31 of section 125.15, manslaughter in the first degree as defined in 32 section 125.20, murder in the second degree as defined in section 33 125.25, aggravated murder as defined in section 125.26, murder in the 34 first degree as defined in section 125.27, kidnapping in the second 35 degree as defined in section 135.20, kidnapping in the first degree as 36 defined in section 135.25, burglary in the third degree as defined in 37 section 140.20, burglary in the second degree as defined in section 38 140.25, burglary in the first degree as defined in section 140.30, arson 39 in the second degree as defined in section 150.15, arson in the first 40 degree as defined in section 150.20, robbery in the third degree as 41 defined in section 160.05, robbery in the second degree as defined in 42 section 160.10, robbery in the first degree as defined in section 43 160.15, promoting prostitution in the second degree as defined in 44 section 230.30, promoting prostitution in the first degree as defined in 45 section 230.32, compelling prostitution as defined in section 230.33, 46 disseminating indecent material to minors in the first degree as defined 47 in section 235.22, use of a child in a sexual performance as defined in 48 section 263.05, promoting an obscene sexual performance by a child as 49 defined in section 263.10, promoting a sexual performance by a child as 50 defined in section 263.15, or any felony attempt or conspiracy to commit 51 any of the foregoing offenses. 52 S 15. This act shall take effect on the first of January next succeed- 53 ing the date on which it shall have become a law.