Bill Text: NY A06685 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Introduced) 2019-03-15 - referred to codes [A06685 Detail]

Download: New_York-2019-A06685-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6685
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 15, 2019
                                       ___________
        Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. DAVILA,
          FINCH, FRIEND, GALEF, GIGLIO, GUNTHER, HEVESI, JAFFEE, KOLB,  LUPARDO,
          MAGNARELLI, McDONOUGH, NOLAN, ORTIZ, RAMOS, RIVERA, RODRIGUEZ, STIRPE,
          THIELE,  TITUS,  WRIGHT  -- read once and referred 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:
     1    Section  1.  Section 460.10 of the penal law is amended by adding four
     2  new subdivisions 5, 6, 7 and 8 to read as follows:
     3    5. "Criminal street gang" means any ongoing organization, association,
     4  or group of three or more persons, whether formal or informal, having as
     5  one of its primary activities the commission of  one  or  more  criminal
     6  acts,  which has an identifiable name or identifying sign or symbol, and
     7  whose members individually or collectively engage in or have engaged  in
     8  criminal street gang activity.
     9    6. "Criminal street gang member" means a person to whom two or more of
    10  the following criteria apply:
    11    (a) admits to criminal street gang membership;
    12    (b)  is  identified  as  a criminal street gang member by a documented
    13  reliable informant;
    14    (c) resides in or frequents a particular criminal street  gang's  area
    15  and  adopts  its  style of dress, its use of hand signals or its tattoos
    16  and associates with known criminal street gang members;
    17    (d) has been arrested more than once in the company of known  criminal
    18  street  gang members for offenses which are consistent with usual crimi-
    19  nal street gang activity;
    20    (e) is identified  as  a  criminal  street  gang  member  by  physical
    21  evidence, such as photographs or other documentation;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07413-02-9

        A. 6685                             2
     1    (f)  has  been  stopped  in  the company of known criminal street gang
     2  members four or more times;
     3    (g)  has been identified as a criminal street gang member by other law
     4  enforcement agencies; or
     5    (h) is identified as a criminal street gang member by a family member.
     6    7. "Criminal street gang activity" means the commission  or  attempted
     7  commission  of,  or  solicitation  or  conspiracy to commit, two or more
     8  criminal acts that:
     9    (a) were committed on separate occasions within a five year period;
    10    (b) are  neither  isolated  incidents,  nor  so  closely  related  and
    11  connected  in  point of time or circumstance of commission as to consti-
    12  tute a criminal offense or  criminal  transaction,  as  such  terms  are
    13  defined in section 40.10 of the criminal procedure law; and
    14    (c)  further  a  criminal  street  gang by:   (i) being related to one
    15  another through a common scheme or plan; or (ii) were committed,  solic-
    16  ited,  requested,  importuned  or  intentionally aided by persons acting
    17  with the mental culpability required for the commission of such criminal
    18  acts and such person is a member of such criminal street gang.
    19    8. "School grounds" means (a) in or on or within any building,  struc-
    20  ture,  athletic  playing  field, playground or land contained within the
    21  real property boundary line of a public or private elementary,  parochi-
    22  al,  intermediate,  junior  high, vocational, or high school, or (b) any
    23  area accessible to the public located within one thousand  feet  of  the
    24  real  property  boundary  line  comprising any such school or any parked
    25  automobile or other parked vehicle located within one thousand  feet  of
    26  the  real  property  boundary  line  comprising any such school. For the
    27  purpose of this subdivision, an "accessible area to  the  public"  shall
    28  mean  sidewalks,  streets,  parking lots, parks, playgrounds, stores and
    29  restaurants.
    30    § 2. The penal law is amended by adding a new section 460.65  to  read
    31  as follows:
    32  § 460.65 Criminal street gang recruitment on school grounds.
    33    A  person  is  guilty  of  criminal  street gang recruitment on school
    34  grounds when, on school grounds, he or she coerces,  solicits,  recruits
    35  or  induces  another  person  to  join  or remain a member of a criminal
    36  street gang, or conspires to do so.
    37    Criminal street gang recruitment on school grounds is a class D  felo-
    38  ny.
    39    § 3. The highway law is amended by adding a new section 318 to read as
    40  follows:
    41    §  318.  Gang free school zone signs. Any political subdivision of the
    42  state having jurisdiction over any highway  within  school  grounds,  as
    43  defined  in  subdivision  eight of section 460.10 of the penal law, may,
    44  upon the request of the appropriate school authority, place, cause to be
    45  placed or permit to be placed within the right-of-way  of  such  highway
    46  such signs indicating a gang free school zone.
    47    §  4.  This  act  shall take effect on the sixtieth day after it shall
    48  have become a law.
feedback