Bill Text: NY A00267 | 2009-2010 | General Assembly | Amended
Bill Title: Provides for forfeiture of the proceeds derived from criminal street gang enterprise activities, so as to provide 75% thereof to the local school district where such convicted member of such enterprise resides, for programs designed to deter or prevent youths from associating with or becoming members of criminal street gang enterprises.
Spectrum: Slight Partisan Bill (Democrat 13-6)
Status: (Introduced - Dead) 2010-04-13 - enacting clause stricken [A00267 Detail]
Download: New_York-2009-A00267-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
267--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PERALTA, WEISENBERG, BOYLAND, CHRISTENSEN, BENE-
DETTO, FIELDS, ESPAILLAT, PHEFFER -- Multi-Sponsored by -- M. of A.
ALFANO, BARRA, CARROZZA, CONTE, COOK, DelMONTE, ERRIGO, FARRELL,
FINCH, GALEF, SALADINO, WALKER -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to dispo-
sition of forfeiture moneys where the person against whom a forfeiture
action is commenced is a member of a criminal street gang enterprise
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1310 of the civil practice law and rules is amended
2 by adding three new subdivisions 15, 16 and 17 to read as follows:
3 15. "CRIMINAL STREET GANG ENTERPRISE" MEANS A GROUP OF PERSONS SHARING
4 A COMMON PURPOSE OF ENGAGING IN CRIMINAL CONDUCT, ASSOCIATED IN AN
5 ASCERTAINABLE STRUCTURE DISTINCT FROM A PATTERN OF STREET GANG CRIMINAL
6 ACTIVITY, AND WITH A CONTINUITY OF EXISTENCE, STRUCTURE AND CRIMINAL
7 PURPOSE BEYOND THE SCOPE OF INDIVIDUAL CRIMINAL ACTS.
8 16. "PATTERN OF STREET GANG CRIMINAL ACTIVITY" MEANS CONDUCT ENGAGED
9 IN BY PERSONS CHARGED IN A CRIMINAL STREET GANG ENTERPRISE CONSTITUTING
10 THREE OR MORE CRIMINAL ACTS THAT:
11 (A) WERE COMMITTED WITHIN TEN YEARS OF THE COMMENCEMENT OF THE CRIMI-
12 NAL ACTION;
13 (B) ARE NEITHER ISOLATED INCIDENTS, NOR SO CLOSELY RELATED AND
14 CONNECTED IN POINT OF TIME OR CIRCUMSTANCES OF COMMISSION AS TO CONSTI-
15 TUTE A CRIMINAL OFFENSE OR CRIMINAL TRANSACTION, AS THOSE TERMS ARE
16 DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
17 (C) ARE EITHER: (I) RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME OR
18 PLAN OR (II) WERE COMMITTED, SOLICITED, REQUESTED, IMPORTUNED OR INTEN-
19 TIONALLY AIDED BY PERSONS ACTING WITH THE MENTAL CULPABILITY REQUIRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00070-02-9
A. 267--A 2
1 FOR THE COMMISSION THEREOF AND ASSOCIATED WITH OR IN THE CRIMINAL STREET
2 GANG ENTERPRISE.
3 17. "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OR ATTEMPTED
4 COMMISSION OF, OR SOLICITATION OR CONSPIRACY TO COMMIT, THREE OR MORE
5 CRIMINAL ACTS THAT:
6 (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
7 (B) ARE NEITHER ISOLATED INCIDENTS, NOR SO CLOSELY RELATED AND
8 CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS TO CONSTI-
9 TUTE A CRIMINAL OFFENSE OR CRIMINAL TRANSACTION, AS SUCH TERMS ARE
10 DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
11 (C) FURTHER A CRIMINAL STREET GANG ENTERPRISE BY: (I) BEING RELATED TO
12 ONE ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) HAVING BEEN COMMIT-
13 TED, SOLICITED, REQUESTED, IMPORTUNED OR INTENTIONALLY AIDED BY PERSONS
14 ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH
15 CRIMINAL ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL STREET GANG
16 ENTERPRISE.
17 S 2. Paragraph (h) of subdivision 2 of section 1349 of the civil prac-
18 tice law and rules, as added by chapter 655 of the laws of 1990, is
19 amended to read as follows:
20 (h) [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I)
21 OF THIS SUBDIVISION APPLIES, ALL moneys remaining after distributions
22 pursuant to paragraphs (a) through (g) of this subdivision shall be
23 distributed as follows:
24 (i) seventy-five percent of such moneys shall be deposited to a law
25 enforcement purposes subaccount of the general fund of the state where
26 the claiming agent is an agency of the state or the political subdivi-
27 sion or public authority of which the claiming agent is a part, to be
28 used for law enforcement use in the investigation of penal law offenses;
29 (ii) the remaining twenty-five percent of such moneys shall be depos-
30 ited to a prosecution services subaccount of the general fund of the
31 state where the claiming authority is the attorney general or the poli-
32 tical subdivision of which the claiming authority is a part, to be used
33 for the prosecution of penal law offenses.
34 Where multiple claiming agents participated in the forfeiture action,
35 funds available pursuant to subparagraph (i) of this paragraph shall be
36 disbursed to the appropriate law enforcement purposes subaccounts in
37 accordance with the terms of a written agreement reflecting the partic-
38 ipation of each claiming agent entered into by the participating claim-
39 ing agents.
40 S 3. Subdivision 2 of section 1349 of the civil practice law and rules
41 is amended by adding a new paragraph (i) to read as follows:
42 (I) IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS
43 CONVICTED OF A CRIMINAL STREET GANG ENTERPRISE OFFENSE DEFINED IN ARTI-
44 CLE TWO HUNDRED EIGHTY OF THE PENAL LAW, ALL MONEYS REMAINING AFTER
45 DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION
46 SHALL BE DISTRIBUTED AS FOLLOWS:
47 (1) SEVENTY-FIVE PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A SEPA-
48 RATE ACCOUNT OF THE SCHOOL DISTRICT WHEREIN SUCH DEFENDANT RESIDES,
49 WHICH THE SUPERINTENDENT OF SUCH DISTRICT SHALL ESTABLISH FOR THE
50 RECEIPT OF ALL SUCH MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY THE
51 SUPERINTENDENT EXCLUSIVELY TO DEVELOP, IMPLEMENT AND/OR MAINTAIN
52 INSTRUCTIONAL PROGRAMS DESIGNED TO DETER OR PREVENT YOUTHS FROM ASSOCI-
53 ATING WITH OR BECOMING MEMBERS OF CRIMINAL STREET GANG ENTERPRISES,
54 INCLUDING BUT NOT LIMITED TO, (A) AFTER-SCHOOL SPORTS OR RECREATIONAL
55 PROGRAMS, AND/OR (B) AFTER-SCHOOL SCHOLASTIC OR ACADEMIC PROGRAMS;
A. 267--A 3
1 (2) FIFTEEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A LAW
2 ENFORCEMENT PURPOSES SUBACCOUNT OF THE GENERAL FUND OF THE STATE WHERE
3 THE CLAIMING AGENT IS AN AGENCY OF THE STATE OR THE POLITICAL SUBDIVI-
4 SION OR PUBLIC AUTHORITY OF WHICH THE CLAIMING AGENT IS A PART, TO BE
5 USED FOR LAW ENFORCEMENT USE IN THE INVESTIGATION OF PENAL LAW OFFENSES;
6 AND
7 (3) THE REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
8 PROSECUTION SERVICES SUBACCOUNT OF THE GENERAL FUND OF THE STATE WHERE
9 THE CLAIMING AUTHORITY IS THE ATTORNEY GENERAL OR THE POLITICAL SUBDIVI-
10 SION OF WHICH THE CLAIMING AUTHORITY IS A PART, TO BE USED FOR THE PROS-
11 ECUTION OF PENAL LAW OFFENSES.
12 WHERE MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE FORFEITURE ACTION,
13 FUNDS AVAILABLE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE
14 DISBURSED TO THE APPROPRIATE LAW ENFORCEMENT PURPOSES SUBACCOUNTS IN
15 ACCORDANCE WITH THE TERMS OF A WRITTEN AGREEMENT REFLECTING THE PARTIC-
16 IPATION OF EACH CLAIMING AGENT ENTERED INTO BY THE PARTICIPATING CLAIM-
17 ING AGENTS.
18 S 4. This act shall take effect on the same date and in the same
19 manner as a chapter of the laws of 2009, amending the penal law relating
20 to establishing criminal street gang enterprise offenses and the abate-
21 ment of premises used for criminal street gang enterprise activity, as
22 proposed in legislative bills numbers S.2213-A and A.265-A, takes
23 effect.
