Bill Text: NY A05252 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the criminal street gangs enforcement and prevention act; defines offenses; increases penalties; provides for gang prevention programs in schools; establishes the criminal street gang prevention fund; develops a comprehensive approach to protecting public interests from gang related crime and violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05252 Detail]
Download: New_York-2017-A05252-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5252 2017-2018 Regular Sessions IN ASSEMBLY February 7, 2017 ___________ Introduced by M. of A. RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the civil practice law and rules, the state finance law, the correction law, the education law, and the mental hygiene law, in relation to defining offenses involving crimi- nal street gangs, creating the criminal street gang prevention fund, and providing for gang prevention services in schools; and to repeal sections 120.06 and 120.07 of the penal law, relating to offenses of gang assault The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and purpose. The legislature hereby 2 finds that New York laws are insufficient regarding the prosecution of 3 criminal street gangs and the protection of public order and individual 4 safety against gang-related violence, because of the lack of programs 5 and activities specifically designed to prevent the growth of criminal 6 street gangs, facilitate prosecution and punishment of members of crimi- 7 nal street gangs, and punish those who solicit others to participate in 8 criminal street gangs and in acts of gang-related violence or who 9 provide support or resources to those who commit or encourage the 10 commission of such acts. 11 The legislature further finds that the threat of violence and the 12 disruption of public order and safety presented by criminal street gangs 13 have reached a crisis point that threatens the right of residents of 14 this state to be secure and protected from fear, intimidation, and phys- 15 ical harm. 16 The legislature therefore finds and declares that it is in every sense 17 in the public interest to establish a comprehensive approach to the 18 protection of public order and individual safety against criminal street 19 gangs and gang-related violence, by severely criminalizing such activ- 20 ities, by creating anti-crime programs that focus on patterns of crimi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08840-01-7A. 5252 2 1 nal gang activity and organization, and by expanding education and 2 intervention to prevent the growth of criminal street gangs as provided 3 in this legislation. 4 § 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law, 5 as added by chapter 148 of the laws of 2000, is amended to read as 6 follows: 7 (a) the term "specified offense" shall mean an attempt to commit 8 murder in the second degree as defined in section 125.25 of this chap- 9 ter, gang assault in the first degree as defined in section [120.07] 10 495.06 of this chapter, gang assault in the second degree as defined in 11 section [120.06] 495.05 of this chapter, assault in the first degree as 12 defined in section 120.10 of this chapter, manslaughter in the first 13 degree as defined in section 125.20 of this chapter, manslaughter in the 14 second degree as defined in section 125.15 of this chapter, robbery in 15 the first degree as defined in section 160.15 of this chapter, robbery 16 in the second degree as defined in section 160.10 of this chapter, or 17 the attempted commission of any of the following offenses: gang assault 18 in the first degree as defined in section [120.07] 495.06, assault in 19 the first degree as defined in section 120.10, manslaughter in the first 20 degree as defined in section 125.20 or robbery in the first degree as 21 defined in section 160.15; 22 § 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the 23 penal law, paragraph (a) as amended by chapter 368 of the laws of 2015 24 and paragraph (b) as amended by chapter 1 of the laws of 2013, are 25 amended to read as follows: 26 (a) Class B violent felony offenses: an attempt to commit the class 27 A-I felonies of murder in the second degree as defined in section 28 125.25, kidnapping in the first degree as defined in section 135.25, and 29 arson in the first degree as defined in section 150.20; manslaughter in 30 the first degree as defined in section 125.20, aggravated manslaughter 31 in the first degree as defined in section 125.22, rape in the first 32 degree as defined in section 130.35, criminal sexual act in the first 33 degree as defined in section 130.50, aggravated sexual abuse in the 34 first degree as defined in section 130.70, course of sexual conduct 35 against a child in the first degree as defined in section 130.75; 36 assault in the first degree as defined in section 120.10, kidnapping in 37 the second degree as defined in section 135.20, burglary in the first 38 degree as defined in section 140.30, arson in the second degree as 39 defined in section 150.15, robbery in the first degree as defined in 40 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 41 subdivision five of section 230.34, incest in the first degree as 42 defined in section 255.27, criminal possession of a weapon in the first 43 degree as defined in section 265.04, criminal use of a firearm in the 44 first degree as defined in section 265.09, criminal sale of a firearm in 45 the first degree as defined in section 265.13, aggravated assault upon a 46 police officer or a peace officer as defined in section 120.11, gang 47 assault in the first degree as defined in section [120.07] 495.06, 48 intimidating a victim or witness in the first degree as defined in 49 section 215.17, hindering prosecution of terrorism in the first degree 50 as defined in section 490.35, criminal possession of a chemical weapon 51 or biological weapon in the second degree as defined in section 490.40, 52 and criminal use of a chemical weapon or biological weapon in the third 53 degree as defined in section 490.47. 54 (b) Class C violent felony offenses: an attempt to commit any of the 55 class B felonies set forth in paragraph (a) of this subdivision; aggra- 56 vated criminally negligent homicide as defined in section 125.11, aggra-A. 5252 3 1 vated manslaughter in the second degree as defined in section 125.21, 2 aggravated sexual abuse in the second degree as defined in section 3 130.67, assault on a peace officer, police officer, fireman or emergency 4 medical services professional as defined in section 120.08, assault on a 5 judge as defined in section 120.09, gang assault in the second degree as 6 defined in section [120.06] 495.05, strangulation in the first degree as 7 defined in section 121.13, burglary in the second degree as defined in 8 section 140.25, robbery in the second degree as defined in section 9 160.10, criminal possession of a weapon in the second degree as defined 10 in section 265.03, criminal use of a firearm in the second degree as 11 defined in section 265.08, criminal sale of a firearm in the second 12 degree as defined in section 265.12, criminal sale of a firearm with the 13 aid of a minor as defined in section 265.14, aggravated criminal 14 possession of a weapon as defined in section 265.19, soliciting or 15 providing support for an act of terrorism in the first degree as defined 16 in section 490.15, hindering prosecution of terrorism in the second 17 degree as defined in section 490.30, and criminal possession of a chemi- 18 cal weapon or biological weapon in the third degree as defined in 19 section 490.37. 20 § 4. Sections 120.06 and 120.07 of the penal law are REPEALED. 21 § 5. Subdivision 2 of section 130.91 of the penal law, as amended by 22 chapter 405 of the laws of 2010, is amended to read as follows: 23 2. A "specified offense" is a felony offense defined by any of the 24 following provisions of this chapter: assault in the second degree as 25 defined in section 120.05, assault in the first degree as defined in 26 section 120.10, gang assault in the second degree as defined in section 27 [120.06] 495.05, gang assault in the first degree as defined in section 28 [120.07] 495.06, stalking in the first degree as defined in section 29 120.60, strangulation in the second degree as defined in section 121.12, 30 strangulation in the first degree as defined in section 121.13, 31 manslaughter in the second degree as defined in subdivision one of 32 section 125.15, manslaughter in the first degree as defined in section 33 125.20, murder in the second degree as defined in section 125.25, aggra- 34 vated murder as defined in section 125.26, murder in the first degree as 35 defined in section 125.27, kidnapping in the second degree as defined in 36 section 135.20, kidnapping in the first degree as defined in section 37 135.25, burglary in the third degree as defined in section 140.20, 38 burglary in the second degree as defined in section 140.25, burglary in 39 the first degree as defined in section 140.30, arson in the second 40 degree as defined in section 150.15, arson in the first degree as 41 defined in section 150.20, robbery in the third degree as defined in 42 section 160.05, robbery in the second degree as defined in section 43 160.10, robbery in the first degree as defined in section 160.15, 44 promoting prostitution in the second degree as defined in section 45 230.30, promoting prostitution in the first degree as defined in section 46 230.32, compelling prostitution as defined in section 230.33, dissem- 47 inating indecent material to minors in the first degree as defined in 48 section 235.22, use of a child in a sexual performance as defined in 49 section 263.05, promoting an obscene sexual performance by a child as 50 defined in section 263.10, promoting a sexual performance by a child as 51 defined in section 263.15, or any felony attempt or conspiracy to commit 52 any of the foregoing offenses. 53 § 6. Title Y-2 of the penal law is redesignated title Y-3 and a new 54 title Y-2 is added to read as follows: 55 TITLE Y-2 56 OFFENSES INVOLVING CRIMINAL STREET GANGSA. 5252 4 1 ARTICLE 495 2 CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT 3 Section 495.01 Definitions. 4 495.02 Participation in a criminal street gang. 5 495.03 Participation in a criminal street gang related offense. 6 495.04 Solicitation for participation in a criminal street gang. 7 495.05 Gang assault in the second degree. 8 495.06 Gang assault in the first degree. 9 495.07 Abatement of premises used by a criminal street gang. 10 495.08 Preemption. 11 § 495.01 Definitions. 12 As used in this article, the following terms shall have the following 13 meanings: 14 1. "Criminal street gang member" shall mean an individual who is in 15 possession of or exhibits criminal street gang paraphernalia, criminal 16 street gang affiliated tattoos, criminal street gang clothing or colors, 17 or any other indicia of criminal street gang membership, and 18 a. proclaims to be a criminal street gang member; 19 b. is identified as a criminal street gang member by a documented 20 reliable witness or informant; 21 c. is identified as a criminal street gang member by a witness or 22 informant of previously untested reliability if such identification is 23 corroborated by independent information; 24 d. has been arrested more than once in the company of identified crim- 25 inal street gang members for offenses that are consistent with usual 26 criminal street gang activity; or 27 e. is identified as a criminal street gang member by physical evidence 28 such as photographs or other written or electronic documentation. 29 2. "Criminal street gang" shall mean an ongoing formal or informal 30 association of persons in which members or associates individually or 31 collectively engage in the commission, attempted commission, facili- 32 tation, solicitation, or conspire to commit any specified offense and 33 have at least one individual who is a criminal street gang member. 34 3. "Criminal street gang related offense" shall mean any specified 35 offense, that is committed for any of the following reasons: 36 a. for the benefit of, at the direction of, or in association with any 37 criminal street gang, or is committed with the intent to promote, 38 further, or assist in any criminal conduct by the gang; 39 b. to gain admission, prestige, or promotion within the gang; 40 c. to increase or maintain the gang's size, membership, prestige, 41 dominance, or control in a geographical area; 42 d. to exact revenge or retribution for the gang or any member of the 43 gang; 44 e. to obstruct justice, or intimidate, or eliminate any witness 45 against the gang or any member of the gang; 46 f. to directly or indirectly knowingly cause any benefit, aggrandize- 47 ment, gain, profit or other advantage for a gang, its reputation, influ- 48 ence, or membership. 49 4. "Specified offense" shall mean any offense defined by any of the 50 following provisions of this chapter: Offenses constituting a specified 51 offense as defined in subdivision three of section 485.05 (hate crimes), 52 article one hundred fifteen (criminal facilitation), one hundred thir- 53 ty-five (kidnapping, coercion and related offenses), one hundred seventy 54 (forgery and related offenses), one hundred seventy-eight (criminal 55 diversion of prescription medications and prescriptions), two hundred 56 twenty-five (gambling offenses), two hundred thirty (prostitutionA. 5252 5 1 offenses), two hundred thirty-five (obscenity and related offenses), two 2 hundred sixty-five (firearms and other dangerous weapons), two hundred 3 seventy (other offenses relating to public safety), four hundred 4 (licensing and other provisions related to firearms), or four hundred 5 seventy (money laundering). 6 § 495.02 Participation in a criminal street gang. 7 A person is guilty of participation in a criminal street gang if such 8 person is a criminal street gang member and has knowledge that other 9 members engage in or have engaged in criminal street gang related 10 offenses. 11 Participation in a criminal street gang is a class A misdemeanor. 12 § 495.03 Participation in a criminal street gang related offense. 13 1. A person is guilty of participation in a criminal street gang 14 related offense when he or she willfully and knowingly promotes, 15 furthers, assists in, conducts, or participates in the affairs of a 16 criminal street gang by participating in a criminal street gang related 17 offense. 18 2. When a person is convicted of the crime of participation in a crim- 19 inal street gang related offense pursuant to this article and the speci- 20 fied offense is a misdemeanor, class C, D, or E felony, the crime of 21 participation in a criminal street gang related offense shall be deemed 22 to be one category higher than the specified offense the defendant 23 committed, or one category higher than the offense level applicable to 24 the defendant's conviction for an attempt or conspiracy to commit a 25 specified offense, whichever is applicable. 26 3. Notwithstanding any other provision of law, when a person is 27 convicted of the crime of participation in a criminal street gang 28 related offense pursuant to this article and the specified offense is a 29 class B felony: 30 a. The maximum term of the indeterminate sentence must be at least six 31 years of imprisonment if the defendant is sentenced pursuant to section 32 70.00 of this chapter; 33 b. The term of the determinate sentence must be at least eight years 34 of imprisonment if the defendant is sentenced pursuant to section 70.02 35 of this chapter; 36 c. The term of determinate sentence must be at least twelve years of 37 imprisonment if the defendant is sentenced pursuant to section 70.04 of 38 this chapter; 39 d. The maximum term of the indeterminate sentence must be at least 40 four years of imprisonment if the defendant is sentenced pursuant to 41 section 70.05 of this chapter; or 42 e. The maximum term of the indeterminate sentence or the term of the 43 determinate sentence must be at least ten years of imprisonment if the 44 defendant is sentenced pursuant to section 70.06 of this chapter. 45 4. Any other provision of any other law to the contrary notwithstand- 46 ing, when a person is convicted of the crime of participation in a crim- 47 inal street gang related offense pursuant to this article and the speci- 48 fied offense is a class A-1 felony, the minimum period of the 49 indeterminate sentence shall not be less than twenty years of imprison- 50 ment. Notwithstanding any other law, the court may strike the additional 51 punishment for the enhancements provided in subdivisions two through 52 five of this section or refuse to impose the minimum jail sentence for 53 misdemeanors in an unusual case where the interests of justice would 54 best be served, if the court specifies on the record and enters into the 55 minutes the circumstances indicating the manner in which the interests 56 of justice would be served by such disposition. Notwithstanding theA. 5252 6 1 foregoing, in the case of a minor found to be guilty of an offense 2 described in this article who is a first time offender, the court may 3 order that a parent or guardian retain custody of that minor, and may 4 order the parent or guardian to attend anti-gang violence parenting 5 classes established pursuant to standards of the division of criminal 6 justice services. The father, mother, spouse or other person liable for 7 the support of the minor, the estate of that person, and the estate of 8 the minor shall be liable for the cost of classes ordered pursuant to 9 this section, unless the court finds that the person or estate does not 10 have the financial ability to pay. In evaluating financial ability to 11 pay, the court shall take into consideration the combined household 12 income, the necessary obligations of the household, the number of 13 persons dependent on this income, and whether reduced monthly payments 14 would obviate the need to waive liability for the full costs. 15 5. When a person is convicted of the crime of participation in a crim- 16 inal street gang related offense pursuant to this section, and the spec- 17 ified crime is a violent felony offense, as defined in section 70.02 of 18 this chapter, the crime of participation in a criminal street gang 19 related offense shall be deemed a violent felony offense. 20 § 495.04 Solicitation for participation in a criminal street gang. 21 A person is guilty of solicitation for participation in a criminal 22 street gang if such person: 23 1. solicits or recruits another to actively participate in a criminal 24 street gang with the intent that the person solicited or recruited 25 participate in a pattern of criminal street gang related offenses, or 26 with the intent that such person promote, further, conduct, or assist in 27 any pattern of criminal street gang related offenses by members of the 28 criminal street gang; or 29 2. threatens a person with physical violence with the intent to 30 coerce, induce, or solicit such person or another to participate in a 31 criminal street gang; or 32 3. uses physical violence to coerce, induce, or solicit another person 33 to participate in a criminal street gang. 34 Solicitation for participation in a criminal street gang is a class E 35 felony. 36 § 495.05 Gang assault in the second degree. 37 A person is guilty of gang assault in the second degree when, with 38 intent to cause physical injury to another person and when aided by two 39 or more other persons actually present, he or she causes serious phys- 40 ical injury to such person or to a third person. 41 Gang assault in the second degree is a class C felony. 42 § 495.06 Gang assault in the first degree. 43 A person is guilty of gang assault in the first degree when, with 44 intent to cause serious physical injury to another person and when aided 45 by two or more other persons actually present, he or she causes serious 46 physical injury to such person or to a third person. 47 Gang assault in the first degree is a class B felony. 48 § 495.07 Abatement of premises used by a criminal street gang. 49 1. A building or place used by members of a criminal street gang for 50 the purpose of engaging in a pattern of criminal gang activity is a 51 nuisance which shall be enjoined, abated, and prevented, and for which 52 damages may be recovered, irrespective of whether it constitutes a 53 public or private nuisance. 54 2. Any action for an injunction or abatement filed pursuant to subdi- 55 vision one of this section shall proceed according to the provisions ofA. 5252 7 1 the civil practice law and rules, except that all of the following shall 2 apply: 3 (a) the court shall not assess a civil penalty against any person 4 unless that person knew or should have known of the unlawful acts 5 committed on or in the premises; 6 (b) no order of eviction or closure may be entered; 7 (c) all injunctions issued shall be limited to those necessary to 8 protect the health and safety of the residents or the public or those 9 necessary to prevent further criminal activity; and 10 (d) suit may not be filed until a thirty day notice period of the 11 unlawful use or criminal conduct has been provided to the owner by mail, 12 return receipt requested, postage prepaid, to the last known address. 13 3. No not-for-profit or charitable organization which is conducting 14 its affairs with ordinary care and skill, and no governmental entity, 15 shall be abated pursuant to the provisions of subdivisions one and two 16 of this section. 17 4. Nothing in this section shall preclude any aggrieved person from 18 seeking any other remedy provided by law. 19 5. When an injunction is issued pursuant to this section for the 20 abatement of premises used for criminal street gang activities, the 21 attorney general or any district attorney or any prosecuting city attor- 22 ney may maintain an action for money damages on behalf of the community 23 or neighborhood injured by the nuisance. Any money damages awarded shall 24 be paid by or collected from assets of the criminal street gang or its 25 members that were derived from the pattern of criminal street gang 26 activity being abated or enjoined. Only persons who knew or should have 27 known of the unlawful acts shall be personally liable for the payment of 28 the damages awarded. In a civil action for damages brought pursuant to 29 this subdivision, the attorney general, district attorney, or city 30 attorney may use, but is not limited to the use of, the testimony of 31 experts to establish damages suffered by the community or neighborhood 32 injured by the nuisance. Damages recovered pursuant to this subdivision 33 shall be deposited into a separate segregated fund for payment to the 34 governing body of the city or county in whose political subdivision the 35 community or neighborhood is located, and that governing body shall use 36 those assets for the benefit of the community or neighborhood injured by 37 the nuisance. 38 § 495.08 Preemption. 39 Nothing in this article shall preempt an appropriate alternative or 40 additional charge pursuant to this chapter. 41 § 7. The opening paragraph of paragraph (h) of subdivision 2 of 42 section 1349 of the civil practice law and rules, as added by chapter 43 655 of the laws of 1990, is amended to read as follows: 44 [All] Except with respect to a circumstance to which paragraph (i) of 45 this subdivision applies, all moneys remaining after distributions 46 pursuant to paragraphs (a) through (g) of this subdivision shall be 47 distributed as follows: 48 § 8. Subdivision 2 of section 1349 of the civil practice law and rules 49 is amended by adding a new paragraph (i) to read as follows: 50 (i) If the defendant against whom a forfeiture action is commenced is 51 convicted of an offense listed in article four hundred ninety-five of 52 the penal law, all moneys remaining after distributions pursuant to 53 paragraphs (a) through (g) of this subdivision shall be distributed to 54 the criminal street gang prevention fund, established pursuant to 55 section ninety-seven-yyyy of the state finance law.A. 5252 8 1 § 9. The state finance law is amended by adding a new section 97-yyyy 2 to read as follows: 3 § 97-yyyy. Criminal street gang prevention fund. 1. There is hereby 4 established in the joint custody of the state comptroller and the 5 commissioner of taxation and finance an account of the miscellaneous 6 special revenue fund to be known as the criminal street gang prevention 7 fund. 8 2. The comptroller is authorized and directed to receive for deposit 9 to the credit of the cultural education account revenues designated for 10 such deposit by law or appropriation. 11 3. Moneys of the fund, following appropriation by the legislature, 12 shall be available to support the criminal street gang and violence 13 prevention partnership program established pursuant to section twelve 14 hundred thirteen of the education law. 15 § 10. The opening paragraph of section 15-b of the correction law, is 16 designated subdivision 1 and a new subdivision 2 is added to read as 17 follows: 18 2. The commissioner of education shall be empowered to develop and 19 implement an educational program, to be known as the department of 20 corrections gang education and prevention program, whereby inmates can 21 receive instruction concerning the impact of, and risks associated with, 22 gang affiliation and receive support services in relation to the cessa- 23 tion of gang membership. The commissioner shall be empowered to promul- 24 gate rules and regulations necessary to effectuate this program. 25 § 11. The education law is amended by adding a new article 25 to read 26 as follows: 27 ARTICLE 25 28 GANG PREVENTION 29 Section 1210. Gang prevention. 30 1211. Model gang violence curriculum; prevention activities. 31 1212. Dress code concerning gang-related apparel. 32 1213. Criminal street gang and violence prevention partnership 33 program. 34 § 1210. Gang prevention. The department shall prepare and distribute 35 to schools guidelines for incorporating in-service training in gang 36 violence for teachers, counselors, athletic directors, school board 37 members, and other educational personnel into the staff development 38 plans, and shall, upon request, assist any school in developing compre- 39 hensive gang violence in-service training programs. Such information and 40 guidelines, to the maximum extent possible, shall encourage schools to 41 avoid duplication of effort by sharing resources; adapting or adopting 42 model in-service training programs; developing joint and collaborative 43 programs; and coordinating efforts with existing state and local gang 44 violence staff development programs, county and city law enforcement 45 agencies, and other public and private agencies providing gang violence 46 prevention, or other related services at the local level. 47 The department shall additionally assist schools in qualifying for the 48 receipt of federal and state funds to support their gang violence 49 prevention in-service training programs. The department shall consult 50 with the division of criminal justice services regarding gang violence. 51 The term "gang violence prevention in-service training" as used in 52 this section means the presentation of programs, instruction, and 53 curricula that will help educators develop competencies in interacting 54 in a positive manner with children and youth to assist them in develop- 55 ing the positive values, self-esteem, knowledge, and skills to lead 56 productive, gang-free, and drug-free lives, including the development ofA. 5252 9 1 knowledge of the causes of gang violence and training regarding avail- 2 able information and resources concerning gang violence. It shall also 3 include methods that will help educators interact with and educate 4 parents of at-risk youth concerning the risks associated with, and warn- 5 ing signs of, gang affiliation. 6 § 1211. Model gang violence curriculum; prevention activities. 1. The 7 department, in collaboration with the division of criminal justice 8 services, shall develop a model gang violence prevention curriculum for 9 use in schools, and shall provide for an independent biennial evaluation 10 of the curriculum and of pupil outcomes. 11 2. In developing the curriculum, the department, in conjunction with 12 the division of criminal justice services, shall assess the current 13 status of school crime committed on school campuses and at school-relat- 14 ed functions, and identify appropriate strategies and programs that will 15 provide or maintain a high level of school safety and address the 16 school's procedures for complying with existing laws related to school 17 safety. 18 3. Upon request, the department shall assist school districts in 19 developing comprehensive gang violence and drug and alcohol abuse 20 prevention in-service training programs. Such guidelines shall to the 21 maximum extent possible encourage school districts to share resources, 22 develop joint and collaborative programs, and coordinate efforts with 23 other existing state and local programs. 24 4. The department shall prepare and distribute to school districts 25 guidelines for incorporating in-service training in gang violence and 26 drug and alcohol abuse prevention for teachers, counselors, athletic 27 directors, school board members, and other educational personnel into 28 the staff development plans of all school districts and county offices 29 of education. Such training shall include instruction to teachers and 30 administrators on the subtleties of identifying constantly changing gang 31 regalia and gang affiliation. 32 § 1212. Dress code concerning gang-related apparel. Any other 33 provision of any other law to the contrary notwithstanding, the govern- 34 ing board of any school district may adopt or rescind a reasonable dress 35 code policy that requires pupils to wear a schoolwide uniform or prohib- 36 its pupils from wearing "gang-related apparel" if the governing board of 37 the school district approves a plan that may be initiated by an individ- 38 ual school's principal, staff, and parents and determines that the poli- 39 cy is necessary for the health and safety of the school environment. 40 Individual schools may include the reasonable dress code policy. The 41 governing board shall provide a method whereby parents may choose not to 42 have their children comply with an adopted school uniform policy. No 43 pupil shall be penalized academically or otherwise discriminated against 44 nor denied attendance to school if the pupil's parents chose not to have 45 the pupil comply with the school uniform policy. The governing board 46 shall continue to have responsibility for the appropriate education of 47 such pupils. The commissioner shall adopt rules and regulations to carry 48 out the intent and purposes of this section. 49 § 1213. Criminal street gang and violence prevention partnership 50 program. 1. The department, in collaboration with the division of crim- 51 inal justice services, shall evaluate requests for funding for programs 52 from the criminal street gang prevention fund, established pursuant to 53 section ninety-seven-yyyy of the state finance law. All such funds shall 54 be disbursed to non-profit agencies that comply with the program 55 requirements and who meet funding criteria.A. 5252 10 1 2. Grants disbursed pursuant to this section may enhance but shall not 2 supplant local, state, or federal funds that would otherwise be avail- 3 able for the prevention or intervention of youth involvement in gangs, 4 crime, or violence. Grants shall be awarded pursuant to a request for 5 proposals that informs applicants of the purposes and availability of 6 funds to be awarded and solicits proposals to provide services consist- 7 ent with this article. Agencies receiving funds pursuant to this section 8 shall utilize the funds to provide services and activities designed to 9 prevent or deter at-risk youth from participating in gangs, criminal 10 activity, or violent behavior. Such funds may not be used for services 11 or activities related to suppression, law enforcement, incarceration, or 12 other purposes not related to the prevention and deterrence of gangs, 13 crime, and violence. Nothing in this subdivision shall prevent funds 14 from being used for violence prevention and gang crime deterrence 15 services provided by nonprofit agencies to youths incarcerated in juve- 16 nile detention facilities. Services and activities provided with funds 17 under this section shall be used for at-risk youth who are defined as 18 persons from age five to twenty years of age and who are current or 19 former gang members, or who have one or more family members living at 20 home who are current or former members of a gang. 21 3. The department shall conduct an evaluation of the criminal street 22 gang and violence prevention partnership program after two years of 23 program operation and each year thereafter, to assess the effectiveness 24 and results of the program. The evaluation shall be conducted by staff 25 or an independent body that has experience in evaluating programs oper- 26 ated by community-based organizations or nonprofit agencies. After two 27 years of program operation, and each year thereafter, the department 28 shall prepare and submit an annual report to the legislature describing 29 in detail the operation of the program and the results obtained. 30 § 12. Subdivision (f) of section 10.03 of the mental hygiene law, as 31 amended by chapter 405 of the laws of 2010, is amended to read as 32 follows: 33 (f) "Designated felony" means any felony offense defined by any of the 34 following provisions of the penal law: assault in the second degree as 35 defined in section 120.05, assault in the first degree as defined in 36 section 120.10, gang assault in the second degree as defined in section 37 [120.06] 495.05, gang assault in the first degree as defined in section 38 [120.07] 495.06, stalking in the first degree as defined in section 39 120.60, strangulation in the second degree as defined in section 121.12, 40 strangulation in the first degree as defined in section 121.13, 41 manslaughter in the second degree as defined in subdivision one of 42 section 125.15, manslaughter in the first degree as defined in section 43 125.20, murder in the second degree as defined in section 125.25, aggra- 44 vated murder as defined in section 125.26, murder in the first degree as 45 defined in section 125.27, kidnapping in the second degree as defined in 46 section 135.20, kidnapping in the first degree as defined in section 47 135.25, burglary in the third degree as defined in section 140.20, 48 burglary in the second degree as defined in section 140.25, burglary in 49 the first degree as defined in section 140.30, arson in the second 50 degree as defined in section 150.15, arson in the first degree as 51 defined in section 150.20, robbery in the third degree as defined in 52 section 160.05, robbery in the second degree as defined in section 53 160.10, robbery in the first degree as defined in section 160.15, 54 promoting prostitution in the second degree as defined in section 55 230.30, promoting prostitution in the first degree as defined in section 56 230.32, compelling prostitution as defined in section 230.33, dissem-A. 5252 11 1 inating indecent material to minors in the first degree as defined in 2 section 235.22, use of a child in a sexual performance as defined in 3 section 263.05, promoting an obscene sexual performance by a child as 4 defined in section 263.10, promoting a sexual performance by a child as 5 defined in section 263.15, or any felony attempt or conspiracy to commit 6 any of the foregoing offenses. 7 § 13. This act shall take effect on the first of January next succeed- 8 ing the date on which it shall have become a law.
