Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony for the benefit of, at the direction of or in association with a street gang; a determinate sentence of between 2 and 5 years shall be served in addition to any other sentence imposed for the conviction of the underlying felony and shall be served consecutively with any other sentence of imprisonment; however, when the underlying felony is a violent felony or a class A felony the determinate sentence shall be 10 years.

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S1404-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 7, 2011: REFERRED TO CODES

S1404-2011 Memo

BILL NUMBER:S1404

TITLE OF BILL:
An act
to amend the penal law and the criminal procedure law, in relation to
street gang crimes

PURPOSE OR GENERAL IDEA OF BILL:
Provides for the imposition of an additional determinate sentence of
imprisonment for the commission of a felony as part of a street gang.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the penal law by adding a new article 475 to define
street gang crime as group of two or more who share common
characteristics and collaborate on crimes and require during
sentencing:

a) additional 2 (mandatory minimum) to 5 years based on judge's
discretion for offenses committed as part of a gang

b) additional 10 years for any violent crimes

Section 2 amends the criminal procedure law subdivision 7 of section
200.50 adding a new paragraph to allow for enhanced penalties.

Section 3 sets effective date as 1st of November succeeding the date
the bill shall become law.

JUSTIFICATION:
The need to address the rising criminal activity that has been
attributed to street gangs has become evident. Although reports
concerning the level of gang activity in New York are conflicting, no
one can deny that gang violence has become a reality in New York. It
is no longer uncommon for gangs to solicit youngsters in elementary
schools to join their criminal activity. Tougher, new laws are
required to break up these gangs. It is time to start going after
gangs as we did with organized crime.

Gang violence hurts especially smaller cities. A study of troubled
youth in Rochester showed that gang members accounted for 68 percent
of all the violent acts of delinquency among the youths studied in
that city. Gang violence, however, also spread across suburban
communities in New York State. Best estimates put gang membership at
3,000 to 5,000 in more than 42 gangs in Nassau County with as many or
more members in Suffolk County, according to 2004 Caught in the
Crossfire: Arresting Long Island Gang Violence by Investing in Kids
report by FIGHT CRIME: INVEST IN KIDS, a national, bipartisan,
nonprofit anti-crime organization.

New York is one of the few states that does not provide additional
tools to law enforcement and to the courts to fight the recruitment,
retention and coercion of gang members to Continue to expand their
illegal enterprises.
This legislation would require enhanced Sentences for crimes committed
by gang members. Such legislation would offer a deterrent for teens
to join the gangs and especially to commit crimes as part of the


gang. This would also help to deter teens by educating them about
such laws. Laws similar to this one are very successful in
California, New Jersey, and Florida.

PRIOR LEGISLATIVE HISTORY:
2005-2006 - S.7208-B/A.10268-C Passed Senate
2007-2008 - S.3832/A.1687
2009-2010 - S.6740/A.7703

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall become effective on the 1st of November succeeding the
date the bill shall become law.

S1404-2011 Text

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

                                    1404

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 7, 2011
                                 ___________

  Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
    relation to street gang crimes

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


    Section 1. The penal law is amended by adding a  new  article  475  to
  read as follows:

                                 ARTICLE 475
                              STREET GANG CRIME
  SECTION 475.00 STREET GANG CRIMES.
          475.05 SENTENCING.
  S 475.00 STREET GANG CRIMES.
    1. A PERSON COMMITS A STREET GANG CRIME WHEN HE OR SHE COMMITS A FELO-
  NY  FOR  THE  BENEFIT  OF,  AT THE DIRECTION OF OR IN ASSOCIATION WITH A
  STREET GANG.
    2. A "STREET GANG" MEANS TWO  OR  MORE  PERSONS  ASSOCIATED  IN  FACT.
  PERSONS ARE "ASSOCIATED IN FACT" WHEN:

    (A)  THEY  HAVE  IN  COMMON  A GROUP NAME OR IDENTIFYING SIGN, SYMBOL,
  TATTOO OR OTHER PHYSICAL MARKING, STYLE OF DRESS, OR OTHER USE  OF  HAND
  SIGNS, OR OTHER INDICIA OF ASSOCIATION OR COMMON LEADERSHIP; AND
    (B)  INDIVIDUALLY  OR  IN  COMBINATION  WITH OTHER MEMBERS OF A STREET
  GANG,  WHILE  ENGAGING  IN  GANG  RELATED  ACTIVITY,   HAVE   COMMITTED,
  CONSPIRED,  FACILITATED  OR  ATTEMPTED  TO  COMMIT  TWO OR MORE OFFENSES
  DEFINED IN ARTICLE ONE HUNDRED TWENTY (ASSAULT  AND  RELATED  OFFENSES),
  ONE  HUNDRED  TWENTY-FIVE (HOMICIDE, ABORTION AND RELATED OFFENSES), ONE
  HUNDRED THIRTY (SEX  OFFENSES),  ONE  HUNDRED  THIRTY-FIVE  (KIDNAPPING,
  COERCION  AND RELATED OFFENSES), ONE HUNDRED FORTY (BURGLARY AND RELATED
  OFFENSES), ONE HUNDRED FIFTY (ARSON), ONE HUNDRED FIFTY-FIVE  (LARCENY),
  ONE  HUNDRED  SIXTY (ROBBERY), TWO HUNDRED TWENTY (CONTROLLED SUBSTANCES

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00417-01-1

 S. 1404                             2

  OFFENSES) OR TWO HUNDRED TWENTY-ONE (OFFENSES  INVOLVING  MARIHUANA)  OF
  THIS CHAPTER.
  S 475.05 SENTENCING.
    WHEN  A  PERSON  IS  CONVICTED OF A STREET GANG CRIME PURSUANT TO THIS
  ARTICLE, HE OR SHE SHALL BE  SENTENCED  TO  A  DETERMINATE  SENTENCE  OF
  IMPRISONMENT OF NOT LESS THAN TWO YEARS, NOR MORE THAN FIVE YEARS, WHICH
  SHALL  BE  SERVED  IN  ADDITION  TO  ANY  OTHER SENTENCE IMPOSED FOR THE
  CONVICTION OF THE FELONY OR FELONIES WHICH THE  DEFENDANT  COMMITTED  IN
  THE COURSE OF THE STREET GANG CRIME, AND SUCH DETERMINATE SENTENCE SHALL
  RUN CONSECUTIVELY TO ANY OTHER SENTENCE OF IMPRISONMENT IMPOSED UPON THE
  CONVICTION OF SUCH FELONY OR FELONIES; PROVIDED, HOWEVER THAT THE DETER-
  MINATE  SENTENCE  OF  IMPRISONMENT  IMPOSED UPON A PERSON CONVICTED OF A
  STREET GANG CRIME SHALL BE TEN YEARS WHEN ANY FELONY  COMMITTED  IN  THE
  COURSE OF THE STREET GANG CRIME IS A VIOLENT FELONY OFFENSE OR A CLASS A
  FELONY  OFFENSE,  AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS
  CHAPTER.
    S 2. Subdivision 7 of section 200.50 of the criminal procedure law  is
  amended by adding a new paragraph (f) to read as follows:

    (F) IN THE CASE OF ANY STREET GANG CRIME, AS DEFINED IN SECTION 475.00
  OF  THE  PENAL  LAW, SPECIFIES, AS APPLICABLE, THAT THE DEFENDANT, WHILE
  AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, COMMITTED  A  FELONY  FOR
  THE  BENEFIT  OF, OR AT THE DIRECTION OF OR IN ASSOCIATION WITH A STREET
  GANG, AS DEFINED IN SUBDIVISION TWO OF SECTION 475.00 OF THE PENAL  LAW;
  AND
    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.