S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4578

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, EDDINGTON, SCARBOROUGH, BENEDETTO,
  REILLY,  BROOK-KRASNY,  WEISENBERG,  GREENE,  HOYT,  LUPARDO,  FIELDS,
  GABRYSZAK, TITONE, LANCMAN, MAISEL, JAFFEE, ALESSI, BENJAMIN, SEMINER-
  IO, GUNTHER, HEVESI, TOBACCO -- Multi-Sponsored by -- M. of A. ABBATE,
  ALFANO,  ARROYO,  BACALLES, BARRA, BOYLAND, BRENNAN, BURLING, CALHOUN,
  CHRISTENSEN, CLARK, COLTON, CONTE, DelMONTE, DESTITO, ERRIGO,  ESPAIL-
  LAT,  FARRELL,  FINCH,  GALEF,  GIGLIO,  HIKIND, HOOPER, HYER-SPENCER,
  JOHN, KOLB, KOON, LATIMER, V. LOPEZ, MAGEE, MAGNARELLI, MARKEY, MAYER-
  SOHN, McDONOUGH, McKEVITT, MILLMAN, NOLAN,  ORTIZ,  PERALTA,  PHEFFER,
  RAMOS,  J. RIVERA,  N. RIVERA, SCHROEDER, SCOZZAFAVA, STIRPE, SWEENEY,
  THIELE, TITUS, TOWNS,  TOWNSEND,  WALKER,  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:

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01452-01-9

              

A. 4578                             2

  (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;
  (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.