Defines "criminal street gang" and prohibits criminal street gang recruitment of a minor.
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.
STATE OF NEW YORK ________________________________________________________________________ 14 2013-2014 Regular Sessions IN 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