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. LBD07413-02-9A. 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.