S14-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S14-2013 Memo

BILL NUMBER:S14

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of criminal street gang
recruitment of a minor

PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of criminal street gang recruitment of a minor,

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 460.10 of the Penal Law by adding a new
subdivision 5" Definitions:
"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 activity.

Section 2. Amends the Penal Law by adding a new section 460.65.
Criminal street gang recruitment of a minor. A person is guilty of
criminal street gang recruitment of a minor when he or she coerces,
solicits, recruits or induces a person under sixteen years of age to
join or remain a member of a criminal street gang, or conspires to do
so. Criminal street gang recruitment of a minor is a Class C felony.

EXISTING LAW:
Penal Law; Section 460.10; Definitions; "criminal street gang" is not
in the current list of definitions.

Penal Law; Section 460.65; Criminal street gang recruitment of a minor
and the establishment of a Class C felony is a new crime.

JUSTIFICATION:
Gangs clearly pose a significant threat to community safety. From
January to mid-October 2009, there were approximately 200
gang-motivated incidents in New York City. These incidents not only
effect gang members but often involve innocent victims that are in
the wrong place at the wrong time. In order to combat the influence
that gangs have on our youth, it is time that we punish those that
actively recruit new members, This legislation would target
recruiters of street gangs by creating the crime of gang recruitment
of a minor. A person that is found guilty of criminal street gang
recruitment when he or she coerces, recruits or induces a person
under sixteen years of age to join their gang will be charged with a
class C felony.

LEGISLATIVE HISTORY:
2012:    S.505 - Referred to Children and Families
2011:    S.505 - Discharged from Codes, Committed to Children
         and Families
2009-10: S.6983 - Advanced to Third Reading/A.9971 Referred to Codes

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

S14-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          14
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DIAZ  --  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  the  crime  of  criminal
 street gang recruitment of a minor
 

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 a  new
 subdivision 5 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.
 

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 OF A MINOR.
 A PERSON IS GUILTY OF CRIMINAL STREET GANG RECRUITMENT OF A MINOR WHEN
 HE  OR SHE COERCES, SOLICITS, RECRUITS OR INDUCES A PERSON UNDER SIXTEEN
 YEARS OF AGE TO JOIN OR REMAIN A MEMBER OF A CRIMINAL  STREET  GANG,  OR
 CONSPIRES TO DO SO.
 CRIMINAL STREET GANG RECRUITMENT OF A MINOR IS A CLASS C FELONY.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00929-01-3

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