Bill S260-2013

Establishes criminal offenses relating to criminal street gang enterprises and the abatement of premises used for such enterprises

Establishes offenses relating to criminal street gang enterprises and the abatement of premises used for the activities of such enterprises.

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Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S260

TITLE OF BILL: An act to amend the penal law, in relation to establishing criminal street gang enterprise offenses and the abatement of premises used for criminal street gang enterprise activity

PURPOSE OR GENERAL IDEA OF BILL: To establish new crimes relating to gang violence and the abatement of property where these activities take place.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends the Penal Law by adding Article 280. Creates criminal offenses relating to criminal street gang enterprises and the abatement of premises used for such criminal offenses. Defines the following terms: criminal street gang enterprise solicitation, recruitment or retention; criminal street gang enterprise solicitation, recruitment or retention of minors; coercion of a minor into a criminal street gang enterprise conspiracy; criminal street gang enterprise leadership; abatement of premises used for criminal street gang enterprise activity; preemption.

Section 2 - Severability Clause

Section 3 - Effective Date

EXISTING LAW: None.

JUSTIFICATION: This legislation would provide law enforcement new tools to fight the recruitment, retention and coercion of gang members who continue to expand their illegal enterprises. This legislation would additionally call for the abatement of property where gang activities would take place.

PRIOR LEGISLATIVE HISTORY: 2012: S.300 - Referred to Crime Victims, Crime and Correction/A.4924 - Referred to Codes 2011: S.300-Notice of Committee Consideration Requested; Committee Discharged and Committed to Crime Victims, Crime and Correction/A.4924 - Referred to Codes 2009-10: S.2213A - Referred to Codes/A.10722 - Referred to Codes 2007-08: S.1724 - Referred to Codes/A.1682 - Held for Consideration in Codes

FISCAL IMPLICATIONS: To be determined.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 260 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 establishing criminal street gang enterprise offenses and the abatement of premises used for criminal street gang enterprise activity 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 280 to read as follows: ARTICLE 280 CRIMINAL STREET GANG ENTERPRISE OFFENSES SECTION 280.00 DEFINITIONS. 280.05 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION. 280.10 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION OF MINORS. 280.15 COERCION OF A MINOR INTO A CRIMINAL STREET GANG ENTER- PRISE CONSPIRACY. 280.20 CRIMINAL STREET GANG ENTERPRISE LEADERSHIP. 280.25 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ENTERPRISE ACTIVITY. 280.30 PREEMPTION. S 280.00 DEFINITIONS. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE: 1. "CRIMINAL STREET GANG ENTERPRISE" MEANS A GROUP OF PERSONS SHARING A COMMON PURPOSE OF ENGAGING IN CRIMINAL CONDUCT, ASSOCIATED IN AN ASCERTAINABLE STRUCTURE DISTINCT FROM A PATTERN OF STREET GANG CRIMINAL ACTIVITY, AND WITH A CONTINUITY OF EXISTENCE, STRUCTURE AND CRIMINAL PURPOSE BEYOND THE SCOPE OF INDIVIDUAL CRIMINAL ACTS.
2. "GANG CRIME" MEANS CONDUCT CONSTITUTING ANY OF THE FOLLOWING FELO- NIES, OR CONSPIRACY OR ATTEMPT TO COMMIT ANY OF THE FOLLOWING FELONIES: SECTIONS 120.05, 120.10 AND 120.11 RELATING TO ASSAULT; SECTIONS 125.10 TO 125.27 RELATING TO HOMICIDE; SECTIONS 130.25, 130.30 AND 130.35 RELATING TO RAPE; SECTIONS 135.20 AND 135.25 RELATING TO KIDNAPPING; SECTION 135.35 RELATING TO LABOR TRAFFICKING; SECTION 135.65 RELATING TO COERCION; SECTIONS 140.20, 140.25 AND 140.30 RELATING TO BURGLARY; SECTIONS 145.05, 145.10 AND 145.12 RELATING TO CRIMINAL MISCHIEF; ARTI- CLE ONE HUNDRED FIFTY RELATING TO ARSON; SECTIONS 155.30, 155.35, 155.40 AND 155.42 RELATING TO GRAND LARCENY; SECTIONS 177.10, 177.15, 177.20 AND 177.25 RELATING TO HEALTH CARE FRAUD; ARTICLE ONE HUNDRED SIXTY RELATING TO ROBBERY; SECTIONS 165.45, 165.50, 165.52 AND 165.54 RELATING TO CRIMINAL POSSESSION OF STOLEN PROPERTY; SECTIONS 165.72 AND 165.73 RELATING TO TRADEMARK COUNTERFEITING; SECTIONS 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 AND 170.70 RELATING TO FORGERY; SECTIONS 175.10, 175.25, 175.35, 175.40 AND 210.40 RELATING TO FALSE STATEMENTS; SECTIONS 176.15, 176.20, 176.25 AND 176.30 RELATING TO INSURANCE FRAUD; SECTIONS 178.20 AND 178.25 RELATING TO CRIMINAL DIVERSION OF PRESCRIPTION MEDICA- TIONS AND PRESCRIPTIONS; SECTIONS 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 AND 215.19 RELATING TO BRIBERY; SECTIONS 187.10, 187.15, 187.20 AND 187.25 RELATING TO RESIDENTIAL MORT- GAGE FRAUD; SECTIONS 190.40 AND 190.42 RELATING TO CRIMINAL USURY; SECTION 190.65 RELATING TO SCHEMES TO DEFRAUD; SECTIONS 205.60 AND 205.65 RELATING TO HINDERING PROSECUTION; SECTIONS 210.10, 210.15, AND 215.51 RELATING TO PERJURY AND CONTEMPT; SECTION 215.40 RELATING TO TAMPERING WITH PHYSICAL EVIDENCE; SECTIONS 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 AND 220.77 RELATING TO CONTROLLED SUBSTANCES; SECTIONS 225.10 AND 225.20 RELATING TO GAMBLING; SECTIONS 230.25, 230.30, AND 230.32 RELAT- ING TO PROMOTING PROSTITUTION; SECTION 230.34 RELATING TO SEX TRAFFICK- ING; SECTIONS 235.06, 235.07, 235.21 AND 235.22 RELATING TO OBSCENITY; SECTIONS 263.10 AND 263.15 RELATING TO PROMOTING A SEXUAL PERFORMANCE BY A CHILD; SECTIONS 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 AND THE PROVISIONS OF SECTION 265.10 WHICH CONSTITUTE A FELONY RELATING TO FIREARMS AND OTHER DANGEROUS WEAPONS; AND SECTIONS 265.14 AND 265.16 RELATING TO CRIMINAL SALE OF A FIREARM; AND SECTION 275.10, 275.20, 275.30, OR 275.40 RELATING TO UNAUTHORIZED RECORDINGS; AND SECTIONS 470.05, 470.10, 470.15 AND 470.20 RELATING TO MONEY LAUNDERING, OF THIS CHAPTER. 3. "PATTERN OF STREET GANG CRIMINAL ACTIVITY" MEANS CONDUCT ENGAGED IN BY PERSONS CHARGED IN A CRIMINAL STREET GANG ENTERPRISE OFFENSE DEFINED IN THIS ARTICLE CONSTITUTING THREE OR MORE GANG CRIMES THAT: (A) WERE COMMITTED WITHIN TEN YEARS OF THE COMMENCEMENT OF THE CRIMI- NAL ACTION; (B) ARE NEITHER ISOLATED INCIDENTS, NOR SO CLOSELY RELATED AND CONNECTED IN POINT OF TIME OR CIRCUMSTANCES OF COMMISSION AS TO CONSTI- TUTE A CRIMINAL OFFENSE OR CRIMINAL TRANSACTION, AS THOSE TERMS ARE DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND (C) ARE EITHER: (I) RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME OR PLAN OR (II) WERE COMMITTED, SOLICITED, REQUESTED, IMPORTUNED OR INTEN- TIONALLY AIDED BY PERSONS ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION THEREOF AND ASSOCIATED WITH OR IN THE CRIMINAL STREET GANG ENTERPRISE. S 280.05 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION.
A PERSON IS GUILTY OF CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION WHEN HE OR SHE: 1. INTENTIONALLY SOLICITS, RECRUITS, EMPLOYS, CAUSES, ENCOURAGES, OR CONSPIRES TO CAUSE ANOTHER PERSON TO BE OR REMAIN AS A MEMBER OF A CRIM- INAL STREET GANG ENTERPRISE THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES; OR 2. INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI- TUTING A THREAT TO PERSON OR PROPERTY OR TO ANY ASSOCIATE OR RELATIVE OF THE PERSON BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIM- INAL STREET GANG ENTERPRISE THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES. CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION IS A CLASS E FELONY. S 280.10 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION OF MINORS. A PERSON IS GUILTY OF CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION OF MINORS WHEN HE OR SHE: 1. INTENTIONALLY SOLICITS, RECRUITS, EMPLOYS, CAUSES, ENCOURAGES, OR CONSPIRES TO CAUSE ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE TO BE OR REMAIN AS A MEMBER OF A CRIMINAL STREET GANG ENTERPRISE THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES; OR 2. INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI- TUTING A THREAT TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO PROPERTY, OR TO ANY ASSOCIATE OR RELATIVE OF THE MINOR BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIMINAL STREET GANG ENTERPRISE THAT REQUIRES AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION OF OR PARTICIPATION IN GANG CRIMES. CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION OF MINORS IS A CLASS D FELONY. S 280.15 COERCION OF A MINOR INTO A CRIMINAL STREET GANG ENTERPRISE CONSPIRACY. A PERSON IS GUILTY OF COERCION OF A MINOR INTO A CRIMINAL STREET GANG ENTERPRISE CONSPIRACY WHEN, WITH THE INTENT TO CAUSE PHYSICAL INJURY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, HE OR SHE CAUSES SUCH PHYSICAL INJURY TO SUCH PERSON OR ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF CAUSING OR COERCING SUCH PERSON TO JOIN OR PARTICIPATE IN A CRIMINAL CONSPIRACY TO BENEFIT A CRIMINAL STREET GANG ENTERPRISE OR OTHER ORGANIZATION OF THREE OR MORE PERSONS WHICH HAS A COMMON NAME, IDENTIFYING SIGN OR SYMBOL AND WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVE- LY ENGAGE IN GANG CRIMES. COERCION OF A MINOR INTO A CRIMINAL STREET GANG ENTERPRISE CONSPIRACY IS A CLASS D FELONY. S 280.20 CRIMINAL STREET GANG ENTERPRISE LEADERSHIP. A PERSON IS GUILTY OF CRIMINAL STREET GANG ENTERPRISE LEADERSHIP WHEN, AS A MEMBER OF A CRIMINAL STREET GANG ENTERPRISE, HE OR SHE COMMANDS, COUNSELS, PERSUADES, INDUCES, ENTICES OR COERCES ANY INDIVIDUAL TO COMMIT A CRIME WHERE THE PURPOSE OF SUCH CRIME IS THE FURTHERANCE OF THE CRIMINAL OBJECTIVES OF SUCH CRIMINAL STREET GANG ENTERPRISE. CRIMINAL STREET GANG ENTERPRISE LEADERSHIP IS A CLASS D FELONY. S 280.25 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ENTERPRISE ACTIVITY. 1. ANY PLACE OR PREMISES THAT HAS BEEN USED ON MORE THAN TWO OCCA- SIONS, WITHIN A SIX MONTH PERIOD OF TIME, FOR THE PURPOSE OF CONDUCTING
A PATTERN OF STREET GANG CRIMINAL ACTIVITY, OR ANY REAL PROPERTY THAT IS ERECTED, ESTABLISHED, MAINTAINED, OWNED, LEASED, OR USED BY ANY CRIMINAL STREET GANG ENTERPRISE FOR THE PURPOSE OF CONDUCTING CRIMINAL STREET GANG ENTERPRISE ACTIVITY CONSTITUTES A NUISANCE, THAT SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH DAMAGES MAY BE RECOVERED, WHETHER IT IS A PUBLIC OR PRIVATE NUISANCE. 2. ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI- VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL APPLY: (A) THE COURT SHALL NOT ASSESS A CIVIL PENALTY AGAINST ANY PERSON UNLESS THAT PERSON KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACTS COMMITTED ON OR IN THE PREMISES; (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED; (C) ALL INJUNCTIONS ISSUED SHALL BE LIMITED TO THOSE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE PUBLIC OR THOSE NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND (D) SUIT MAY NOT BE FILED UNTIL A THIRTY-DAY NOTICE PERIOD OF THE UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS. 3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION WHICH IS CONDUCTING ITS AFFAIRS WITH ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY, SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION. 4. NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM SEEKING ANY OTHER REMEDY PROVIDED BY LAW. S 280.30 PREEMPTION. NOTHING IN THIS ARTICLE SHALL PREEMPT AN APPROPRIATE ALTERNATIVE OR ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, A CHARGE PURSUANT TO SECTION 120.06 (GANG ASSAULT IN THE SECOND DEGREE), OR SECTION 120.07 (GANG ASSAULT IN THE FIRST DEGREE); OR PREVENT A LOCAL GOVERNMENT FROM ADOPTING AND ENFORCING LAWS CONSISTENT WITH THIS ARTICLE RELATING TO CRIMINAL STREET GANG ENTERPRISE ACTIVITY AND CRIMINAL STREET GANG ENTERPRISE VIOLENCE. WHERE LOCAL LAWS DUPLICATE OR SUPPLEMENT THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL BE CONSTRUED AS PROVIDING ALTERNATIVE REMEDIES AND NOT AS PREEMPTING SUCH LOCAL LAWS. S 2. Severability. If any provision of this act, or the application thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the provision of this act, or in its application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered. 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.

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