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.

---

A4211-2011 Actions

• Sep 4, 2012: enacting clause stricken
• Jan 4, 2012: referred to codes
• Feb 2, 2011: referred to codes

A4211-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4211

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 2, 2011
                                 ___________

  Introduced  by  M.  of A. P. RIVERA, SCARBOROUGH, BROOK-KRASNY, LUPARDO,
    BENEDETTO,  WEISENBERG,  GABRYSZAK,  REILLY,  HOYT,  TITONE,  LANCMAN,
    GUNTHER,  MAISEL,  HEVESI, JAFFEE, TOBACCO -- Multi-Sponsored by -- M.
    of A. ABBATE, ARROYO, BOYLAND, BRENNAN, BURLING, CLARK, COLTON, CONTE,
    DESTITO, FARRELL, FINCH, GALEF, GIGLIO, HIKIND, JOHNS, KOLB, V. LOPEZ,
    MAGEE, MAGNARELLI, MARKEY, MAYERSOHN,  McDONOUGH,  McKEVITT,  MILLMAN,
    NOLAN,  ORTIZ,  PHEFFER, RAMOS, J. RIVERA, N. RIVERA, SCHROEDER, SWEE-
    NEY, THIELE, TITUS, TOWNS, WRIGHT -- read once  and  referred  to  the
    Committee on Codes

  AN  ACT  to  amend  the  penal  law, in relation to criminal street gang
    recruitment on school grounds;  and  to  amend  the  highway  law,  in
    relation to authorizing the placement of gang free school zone signs

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 460.10 of the penal law is amended by  adding  four
  new subdivisions 5, 6, 7 and 8 to read as follows:

    5. "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.
    6. "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;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00102-01-1

 A. 4211                             2

    (D)  HAS BEEN ARRESTED MORE THAN ONCE IN THE COMPANY OF KNOWN CRIMINAL
  STREET GANG MEMBERS FOR OFFENSES WHICH ARE CONSISTENT WITH USUAL  CRIMI-
  NAL 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; OR
    (H) IS IDENTIFIED AS A CRIMINAL STREET GANG MEMBER BY A FAMILY MEMBER.
    7. "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 CONSTI-
  TUTE 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,  SOLIC-
  ITED,  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.
    8. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING,  STRUC-
  TURE,  ATHLETIC  PLAYING  FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
  REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
  AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
  AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND  FEET  OF  THE
  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL OR ANY PARKED
  AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND  FEET  OF
  THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL. FOR THE
  PURPOSE OF THIS SUBDIVISION, AN "ACCESSIBLE AREA TO  THE  PUBLIC"  SHALL
  MEAN  SIDEWALKS,  STREETS,  PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND
  RESTAURANTS.
    S 2. The penal law is amended by adding a new section 460.65  to  read
  as follows:

  S 460.65 CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS.
    A  PERSON  IS  GUILTY  OF  CRIMINAL  STREET GANG RECRUITMENT ON SCHOOL
  GROUNDS WHEN, ON SCHOOL GROUNDS, HE OR SHE COERCES,  SOLICITS,  RECRUITS
  OR  INDUCES  ANOTHER  PERSON  TO  JOIN  OR REMAIN A MEMBER OF A CRIMINAL
  STREET GANG, OR CONSPIRES TO DO SO.
    CRIMINAL STREET GANG RECRUITMENT ON SCHOOL GROUNDS IS A CLASS D  FELO-
  NY.
    S 3. The highway law is amended by adding a new section 318 to read as
  follows:

    S  318.  GANG FREE SCHOOL ZONE SIGNS. ANY POLITICAL SUBDIVISION OF THE
  STATE HAVING JURISDICTION OVER ANY HIGHWAY  WITHIN  SCHOOL  GROUNDS,  AS
  DEFINED  IN  SUBDIVISION  EIGHT OF SECTION 460.10 OF THE PENAL LAW, MAY,
  UPON THE REQUEST OF THE APPROPRIATE SCHOOL AUTHORITY, PLACE, CAUSE TO BE
  PLACED OR PERMIT TO BE PLACED WITHIN THE RIGHT-OF-WAY  OF  SUCH  HIGHWAY
  SUCH SIGNS INDICATING A GANG FREE SCHOOL ZONE.
    S  4.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.