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.
Ayes (53): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (6): Duane, Krueger, Montgomery, Parker, Perkins, Rivera
Excused (3): Alesi, Espaillat, Huntley
TITLE OF BILL: 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
PURPOSE: Establishes the class D felony of criminal street gang recruitment on school grounds.
SUMMARY OF PROVISIONS: Section one amends section 460.10 of the penal law by adding four new subdivisions, 5, 6, 7 and 8 by defining a criminal street gang, a criminal street gang member, criminal street gang activity, and school grounds.
Section two amends the penal law by adding section 460.65 which makes criminal street gang recruitment a class D felony.
Section three amends the highway law by adding a new section 318 to permit the placement of gang free school zone signs.
Section four mandates that this act shall take effect on the sixtieth day after it shall have become a 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 necessary that legislation be passed in order to help combat its proliferation, especially in schools. Schools are supposed to be safe havens from street violence, but that is not always the case. Gang activity on city streets can make its way into schools, putting students and staff at risk. This legislation seeks to provide a safe haven for juveniles by making it more difficult for gang leaders to actively recruit and solicit juveniles in and around schools. At the same time it holds individuals accountable who sanction gang related activity on their property.
The growth of gangs throughout urban and suburban communities and increasing gang violence and activities in and around school grounds can be countered through the creation of Gang Free School Zones. Gang violence is a growing epidemic that needs to stop. By attacking gang activity with tougher legislation directed towards our educational system, gang activity and recruitment will become much more difficult in schools and gang members will face tougher penalties.
LEGISLATIVE HISTORY: 2010: S.483 - Referred to Codes/A.4578 - Referred to Codes 2009: S.483 - Referred to Codes/A.4578 - Referred to Codes 2008: S.4381 - Passed Senate/A.8155 - Referred to Codes 2007: S.4381 - Passed Senate/A.8155 - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2940 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________Introduced by Sen. LANZA -- 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 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; (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;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00102-01-1 S. 2940 2
(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.