S T A T E   O F   N E W   Y O R K
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                                  4444

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the civil practice  law  and  rules,  the
  state  finance  law, the education law, and the mental hygiene law, in
  relation to defining offenses involving criminal street gangs,  creat-
  ing  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:

  Section 1. Legislative findings and purpose.  The  legislature  hereby
finds  that New York laws are insufficiently targeted to the prosecution
of criminal street gangs and the protection of public order and individ-
ual safety against gang-related violence, because they lack programs and
activities specifically designed  to  prevent  the  growth  of  criminal
street gangs, facilitate prosecution and punishment of members of crimi-
nal  street gangs, and punish those who solicit others to participate in
criminal street gangs and  in  acts  of  gang-related  violence  or  who
provide  support  or  resources  to  those  who  commit or encourage the
commission of such acts.
  The legislature further finds that the  threat  of  violence  and  the
disruption of public order and safety presented by criminal street gangs
has reached a crisis point that threatens the right of residents of this
state  to  be secure and protected from fear, intimidation, and physical
harm.
  The legislature therefore finds and declares that it is in every sense
in the public interest to establish  a  comprehensive  approach  to  the
protection of public order and individual safety against criminal street
gangs  and  gang-related violence, by severely criminalizing such activ-
ities, by creating anti-crime programs that focus on patterns of  crimi-
nal  gang  activity  and  organization,  and  by expanding education and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01263-03-3
              

S. 4444                             2

intervention to prevent the growth of criminal street gangs as  provided
in this legislation.
  S 2. Paragraph (a) of subdivision 2 of section 60.07 of the penal law,
as  added  by  chapter  148  of  the laws of 2000, is amended to read as
follows:
  (a) the term "specified offense"  shall  mean  an  attempt  to  commit
murder  in  the second degree as defined in section 125.25 of this chap-
ter, gang assault in the first degree as  defined  in  section  [120.07]
495.08  of this chapter, gang assault in the second degree as defined in
section [120.06] 495.07 of this chapter, assault in the first degree  as
defined  in  section  120.10  of this chapter, manslaughter in the first
degree as defined in section 125.20 of this chapter, manslaughter in the
second degree as defined in section 125.15 of this chapter,  robbery  in
the  first  degree as defined in section 160.15 of this chapter, robbery
in the second degree as defined in section 160.10 of  this  chapter,  or
the  attempted commission of any of the following offenses: gang assault
in the first degree as defined in section [120.07]  495.08,  assault  in
the first degree as defined in section 120.10, manslaughter in the first
degree  as  defined  in section 125.20 or robbery in the first degree as
defined in section 160.15;
  S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree  as  defined in section [120.07] 495.08, intimidating a victim or
witness in the first degree as  defined  in  section  215.17,  hindering
prosecution  of  terrorism  in  the  first  degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal  use  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.47.
  S 4. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-

S. 4444                             3

vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section [120.06] 495.07, strangulation in the first degree as
defined  in  section 121.13, burglary in the second degree as defined in
section 140.25, robbery in the  second  degree  as  defined  in  section
160.10,  criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in  the  second  degree  as
defined  in  section  265.08,  criminal  sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
possession  of  a  weapon  as  defined  in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution  of  terrorism  in  the  second
degree as defined in section 490.30, and criminal possession of a chemi-
cal  weapon  or  biological  weapon  in  the  third degree as defined in
section 490.37.
  S 5. Sections 120.06 and 120.07 of the penal law are REPEALED.
  S 6. Subdivision 2 of section 130.91 of the penal law, as  amended  by
chapter 405 of the laws of 2010, is amended to read as follows:
  2.  A  "specified  offense"  is a felony offense defined by any of the
following provisions of this chapter: assault in the  second  degree  as
defined  in  section  120.05,  assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in  section
[120.06]  495.07, gang assault in the first degree as defined in section
[120.07] 495.08, stalking in the first  degree  as  defined  in  section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter in the second degree  as  defined  in  subdivision  one  of
section  125.15,  manslaughter in the first degree as defined in section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section 135.20, kidnapping in the first degree  as  defined  in  section
135.25,  burglary  in  the  third  degree  as defined in section 140.20,
burglary in the second degree as defined in section 140.25, burglary  in
the  first  degree  as  defined  in  section 140.30, arson in the second
degree as defined in section  150.15,  arson  in  the  first  degree  as
defined  in  section  150.20,  robbery in the third degree as defined in
section 160.05, robbery in the  second  degree  as  defined  in  section
160.10,  robbery  in  the  first  degree  as  defined in section 160.15,
promoting prostitution in  the  second  degree  as  defined  in  section
230.30, promoting prostitution in the first degree as defined in section
230.32,  compelling  prostitution  as defined in section 230.33, dissem-
inating indecent material to minors in the first degree  as  defined  in
section  235.22,  use  of  a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by  a  child  as
defined  in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 7. The penal law is amended by adding a new title  Y-2  to  read  as
follows:
                                 TITLE Y-2
                OFFENSES INVOLVING CRIMINAL STREET GANGS

S. 4444                             4

                               ARTICLE 495
          CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
SECTION 495.01 DEFINITIONS.
        495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
        495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
        495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
        495.05 SOLICITATION  OR  RECRUITMENT OF MINORS FOR PARTICIPATION
                 IN A CRIMINAL STREET GANG.
        495.06 SOLICITATION OR RECRUITMENT OF MINORS  FOR  PARTICIPATION
                 IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS.
        495.07 GANG ASSAULT IN THE SECOND DEGREE.
        495.08 GANG ASSAULT IN THE FIRST DEGREE.
        495.09 ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL  STREET GANG
                 ACTIVITY.
        495.10 PREEMPTION.
        495.11 SENTENCING.
S 495.01 DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
MEANINGS:
  1.  "CRIMINAL  STREET GANG" MEANS ANY FORMAL OR INFORMAL ORGANIZATION,
ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS HAVING A COMMON  NAME  OR
IDENTIFYING  SIGN  OR  SYMBOL WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY
ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY.
  2. "PATTERN OF  CRIMINAL  GANG  ACTIVITY"  MEANS  THE  COMMISSION  OF,
ATTEMPTED   COMMISSION   OF,  CONSPIRACY  TO  COMMIT,  SOLICITATION  OF,
SUSTAINED JUVENILE PETITION FOR, OR CONVICTION OF ANY TWO OR MORE OF ANY
SPECIFIED OFFENSES LISTED IN SUBDIVISION THREE  OF  THIS  SECTION  BY  A
PARTICIPANT OR PARTICIPANTS IN A CRIMINAL STREET GANG, PROVIDED THAT THE
OFFENSES SHALL HAVE OCCURRED ON SEPARATE OCCASIONS WITHIN THREE YEARS OF
EACH OTHER, OR BY TWO OR MORE PERSONS WHO ARE PARTICIPANTS IN A CRIMINAL
STREET  GANG,  AND  THAT  AT  LEAST ONE SUCH OFFENSE SHALL HAVE OCCURRED
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  3. "SPECIFIED OFFENSE" MEANS ANY OFFENSE DEFINED BY ANY OF THE FOLLOW-
ING PROVISIONS  OF  THIS  CHAPTER:  OFFENSES  CONSTITUTING  A  SPECIFIED
OFFENSE AS DEFINED IN SUBDIVISION THREE OF SECTION 485.05 (HATE CRIMES),
ARTICLE  ONE  HUNDRED FIFTEEN (CRIMINAL FACILITATION), ONE HUNDRED THIR-
TY-FIVE (KIDNAPPING, COERCION AND RELATED OFFENSE), ONE HUNDRED  SEVENTY
(FORGERY  AND  RELATED  OFFENSES),  ONE  HUNDRED SEVENTY-EIGHT (CRIMINAL
DIVERSION OF PRESCRIPTION MEDICATIONS AND  PRESCRIPTIONS),  TWO  HUNDRED
TWENTY   (CONTROLLED   SUBSTANCES   OFFENSES),  TWO  HUNDRED  TWENTY-ONE
(OFFENSES  INVOLVING  MARIHUANA),  TWO  HUNDRED  TWENTY-FIVE   (GAMBLING
OFFENSES), TWO HUNDRED THIRTY (PROSTITUTION OFFENSES), TWO HUNDRED THIR-
TY-FIVE   (OBSCENITY  AND  RELATED  OFFENSES),  TWO  HUNDRED  SIXTY-FIVE
(FIREARMS AND OTHER  DANGEROUS  WEAPONS),  TWO  HUNDRED  SEVENTY  (OTHER
OFFENSES  RELATING  TO PUBLIC SAFETY), FOUR HUNDRED (LICENSING AND OTHER
PROVISIONS RELATING TO FIREARMS) OR FOUR HUNDRED SEVENTY (MONEY LAUNDER-
ING).
S 495.02 PARTICIPATION IN A CRIMINAL STREET GANG.
  A PERSON IS GUILTY OF PARTICIPATION IN A CRIMINAL STREET GANG IF  SUCH
PERSON  PARTICIPATES  IN  A CRIMINAL STREET GANG WITH KNOWLEDGE THAT ITS
MEMBERS ENGAGE IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL  GANG  ACTIV-
ITY.
  PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS A MISDEMEANOR.
S 495.03 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
  A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
WHEN HE OR SHE WILLFULLY AND KNOWINGLY PROMOTES, FURTHERS,  ASSISTS  IN,

S. 4444                             5

CONDUCTS,  OR  PARTICIPATES  IN THE AFFAIRS OF A CRIMINAL STREET GANG BY
PARTICIPATING IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR KNOWING-
LY INVESTS PROCEEDS DERIVED  FROM  CRIMINAL  STREET  GANG  ACTIVITY,  OR
PROCEEDS  DERIVED  FROM  THE  INVESTMENT OR USE OF THOSE PROCEEDS, IN AN
ENTERPRISE. A PERSON MAY BE A PARTICIPANT  IN  A  CRIMINAL  STREET  GANG
IRRESPECTIVE  OF  THE  AMOUNT  OF TIME HE OR SHE DEVOTES TO THE CRIMINAL
STREET GANG, AS LONG AS SUCH PERSON SHALL HAVE PARTICIPATED  IN  COMMIT-
TING  ACTS  CONSTITUTING  CRIMINAL STREET GANG ACTIVITY WITH ONE OR MORE
MEMBERS OF A CRIMINAL STREET GANG.
  PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
S 495.04 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG.
  A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
STREET GANG IF SUCH PERSON:
  1.  SOLICITS OR RECRUITS ANOTHER TO ACTIVELY PARTICIPATE IN A CRIMINAL
STREET GANG WITH THE INTENT  THAT  THE  PERSON  SOLICITED  OR  RECRUITED
PARTICIPATE  IN  A PATTERN OF CRIMINAL STREET GANG ACTIVITY, OR WITH THE
INTENT THAT SUCH PERSON PROMOTE, FURTHER,  CONDUCT,  OR  ASSIST  IN  ANY
PATTERN  OF  CRIMINAL  STREET  GANG  ACTIVITY BY MEMBERS OF THE CRIMINAL
STREET GANG; OR
  2. THREATENS A PERSON  WITH  PHYSICAL  VIOLENCE  WITH  THE  INTENT  TO
COERCE,  INDUCE,  OR  SOLICIT SUCH PERSON OR ANOTHER TO PARTICIPATE IN A
CRIMINAL STREET GANG; OR
  3. USES PHYSICAL VIOLENCE TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON
TO PARTICIPATE IN A CRIMINAL STREET GANG.
  SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IS A CLASS  E
FELONY.
S 495.05 SOLICITATION  OR  RECRUITMENT  OF MINORS FOR PARTICIPATION IN A
           CRIMINAL STREET GANG.
  A PERSON IS GUILTY  OF  SOLICITATION  OR  RECRUITMENT  OF  MINORS  FOR
PARTICIPATION IN A CRIMINAL STREET GANG WHEN HE OR SHE COMMITS THE CRIME
OF  SOLICITATION  FOR  PARTICIPATION  IN  A CRIMINAL STREET GANG AND THE
PERSON SOLICITED OR RECRUITED IS LESS THAN EIGHTEEN YEARS OF AGE.
  SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A  CRIMINAL
STREET GANG IS A CLASS D FELONY.
S 495.06 SOLICITATION  OR  RECRUITMENT  OF MINORS FOR PARTICIPATION IN A
           CRIMINAL STREET GANG ON SCHOOL GROUNDS.
  A PERSON IS GUILTY  OF  SOLICITATION  OR  RECRUITMENT  OF  MINORS  FOR
PARTICIPATION IN A CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE
COMMITS  THE  CRIME OF SOLICITATION OR RECRUITMENT OF MINORS FOR PARTIC-
IPATION IN A CRIMINAL STREET GANG WHILE ON SCHOOL GROUNDS. FOR  PURPOSES
OF  THIS  SECTION,  THE  TERM "SCHOOL GROUNDS" MEANS "SCHOOL GROUNDS" AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER.
  SOLICITATION OR RECRUITMENT OF MINORS FOR PARTICIPATION IN A  CRIMINAL
STREET GANG ON SCHOOL GROUNDS IS A CLASS C FELONY.
S 495.07 GANG ASSAULT IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF GANG ASSAULT IN THE SECOND DEGREE WHEN, WITH
INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED BY  TWO
OR  MORE  OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS PHYS-
ICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 495.08 GANG ASSAULT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF GANG ASSAULT IN  THE  FIRST  DEGREE  WHEN,  WITH
INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND WHEN AIDED
BY  TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE OR SHE CAUSES SERIOUS
PHYSICAL INJURY TO SUCH PERSON OR TO A THIRD PERSON.
  GANG ASSAULT IN THE FIRST DEGREE IS A CLASS B FELONY.

S. 4444                             6

S 495.09 ABATEMENT OF PREMISES USED FOR CRIMINAL STREET GANG ACTIVITY.
  1.  A  BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL STREET GANG FOR
THE PURPOSE OF ENGAGING IN A PATTERN OF  CRIMINAL  GANG  ACTIVITY  IS  A
NUISANCE  WHICH  SHALL BE ENJOINED, ABATED, AND PREVENTED, AND FOR WHICH
DAMAGES MAY BE RECOVERED,  IRRESPECTIVE  OF  WHETHER  IT  CONSTITUTES  A
PUBLIC OR PRIVATE NUISANCE.
  2.  ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS  OF
THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL
APPLY:
  (A)  THE  COURT  SHALL  NOT  ASSESS A CIVIL PENALTY AGAINST ANY PERSON
UNLESS THAT PERSON KNEW OR  SHOULD  HAVE  KNOWN  OF  THE  UNLAWFUL  ACTS
COMMITTED ON OR IN THE PREMISES;
  (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED;
  (C)  ALL  INJUNCTIONS  ISSUED  SHALL  BE LIMITED TO THOSE NECESSARY TO
PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE  PUBLIC  OR  THOSE
NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND
  (D)  SUIT  MAY  NOT  BE  FILED UNTIL A THIRTY DAY NOTICE PERIOD OF THE
UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL,
RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS.
  3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION  WHICH  IS  CONDUCTING
ITS  AFFAIRS  WITH  ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY,
SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE  AND  TWO
OF THIS SECTION.
  4.  NOTHING  IN  THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM
SEEKING ANY OTHER REMEDY PROVIDED BY LAW.
  5. WHEN AN INJUNCTION IS ISSUED  PURSUANT  TO  THIS  SECTION  FOR  THE
ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL STREET GANG ACTIVITIES, THE
ATTORNEY GENERAL OR ANY DISTRICT ATTORNEY OR ANY PROSECUTING CITY ATTOR-
NEY MAY MAINTAIN AN ACTION FOR MONEY DAMAGES ON BEHALF OF THE  COMMUNITY
OR NEIGHBORHOOD INJURED BY THE NUISANCE. ANY MONEY DAMAGES AWARDED SHALL
BE  PAID  BY OR COLLECTED FROM ASSETS OF THE CRIMINAL STREET GANG OR ITS
MEMBERS THAT WERE DERIVED FROM  THE  PATTERN  OF  CRIMINAL  STREET  GANG
ACTIVITY  BEING ABATED OR ENJOINED. ONLY PERSONS WHO KNEW OR SHOULD HAVE
KNOWN OF THE UNLAWFUL ACTS SHALL BE PERSONALLY LIABLE FOR THE PAYMENT OF
THE DAMAGES AWARDED. IN A CIVIL ACTION FOR DAMAGES BROUGHT  PURSUANT  TO
THIS  SUBDIVISION,  THE  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, OR CITY
ATTORNEY MAY USE, BUT IS NOT LIMITED TO THE USE  OF,  THE  TESTIMONY  OF
EXPERTS  TO  ESTABLISH DAMAGES SUFFERED BY THE COMMUNITY OR NEIGHBORHOOD
INJURED BY THE NUISANCE. DAMAGES RECOVERED PURSUANT TO THIS  SUBDIVISION
SHALL  BE  DEPOSITED  INTO A SEPARATE SEGREGATED FUND FOR PAYMENT TO THE
GOVERNING BODY OF THE CITY OR COUNTY IN WHOSE POLITICAL SUBDIVISION  THE
COMMUNITY  OR NEIGHBORHOOD IS LOCATED, AND THAT GOVERNING BODY SHALL USE
THOSE ASSETS FOR THE BENEFIT OF THE COMMUNITY OR NEIGHBORHOOD INJURED BY
THE NUISANCE.
S 495.10 PREEMPTION.
  NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
ADDITIONAL CHARGE PURSUANT TO THIS CHAPTER.
S 495.11 SENTENCING.
  1.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO THIS ARTICLE, AND AT LEAST  ONE  OF
THE  SPECIFIED  OFFENSES  IS  A  VIOLENT  FELONY  OFFENSE, AS DEFINED IN
SECTION 70.02 OF THIS CHAPTER, THE CRIME OF  PARTICIPATION  IN  CRIMINAL
STREET GANG ACTIVITY SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2.  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO  THIS  ARTICLE  AND  THE  SPECIFIED

S. 4444                             7

OFFENSE  IS  A  MISDEMEANOR  OR  A  CLASS C, D OR E FELONY, THE CRIME OF
PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY SHALL BE DEEMED TO BE ONE
CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,  OR
ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S
CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
WHICHEVER IS APPLICABLE.
  3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS OF IMPRISONMENT IF THE  DEFENDANT  IS  SENTENCED  PURSUANT  TO
SECTION 70.00 OF THIS CHAPTER;
  (B)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
OF IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.02
OF THIS CHAPTER;
  (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
OF  IMPRISONMENT IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04
OF THIS CHAPTER;
  (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
FOUR  YEARS  OF  IMPRISONMENT  IF THE DEFENDANT IS SENTENCED PURSUANT TO
SECTION 70.05 OF THIS CHAPTER; AND
  (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
DETERMINATE  SENTENCE  MUST BE AT LEAST TEN YEARS OF IMPRISONMENT IF THE
DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
  4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING,  WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN CRIMI-
NAL STREET GANG ACTIVITY PURSUANT TO  THIS  ARTICLE  AND  THE  SPECIFIED
OFFENSE  IS  A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISONMENT.
  NOTWITHSTANDING ANY OTHER LAW, THE COURT  MAY  STRIKE  THE  ADDITIONAL
PUNISHMENT  FOR  THE  ENHANCEMENTS  PROVIDED IN SUBDIVISIONS ONE THROUGH
FOUR OF THIS SECTION OR REFUSE TO IMPOSE THE MINIMUM JAIL  SENTENCE  FOR
MISDEMEANORS  IN  AN  UNUSUAL  CASE WHERE THE INTERESTS OF JUSTICE WOULD
BEST BE SERVED, IF THE COURT SPECIFIES ON THE RECORD AND ENTERS INTO THE
MINUTES THE CIRCUMSTANCES INDICATING THE MANNER IN WHICH  THE  INTERESTS
OF JUSTICE WOULD BEST BE SERVED BY SUCH DISPOSITION.
  NOTWITHSTANDING  THE  FOREGOING,  IN  THE  CASE OF A MINOR FOUND TO BE
GUILTY OF AN OFFENSE DESCRIBED IN  THIS  ARTICLE  WHO  IS  A  FIRST-TIME
OFFENDER,  THE  COURT MAY ORDER THAT A PARENT OR GUARDIAN RETAIN CUSTODY
OF THAT MINOR, AND MAY ORDER THE PARENT OR GUARDIAN TO ATTEND  ANTI-GANG
VIOLENCE  PARENTING  CLASSES  ESTABLISHED  PURSUANT  TO STANDARDS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES. THE FATHER,  MOTHER,  SPOUSE,  OR
OTHER  PERSON  LIABLE  FOR  THE SUPPORT OF THE MINOR, THE ESTATE OF THAT
PERSON, AND THE ESTATE OF THE MINOR SHALL BE  LIABLE  FOR  THE  COST  OF
CLASSES  ORDERED  PURSUANT  TO THIS SECTION, UNLESS THE COURT FINDS THAT
THE PERSON OR ESTATE DOES NOT HAVE THE  FINANCIAL  ABILITY  TO  PAY.  IN
EVALUATING FINANCIAL ABILITY TO PAY, THE COURT SHALL TAKE INTO CONSIDER-
ATION  THE  COMBINED  HOUSEHOLD INCOME, THE NECESSARY OBLIGATIONS OF THE
HOUSEHOLD, THE NUMBER OF PERSONS DEPENDENT UPON THIS INCOME, AND WHETHER
REDUCED MONTHLY PAYMENTS WOULD OBVIATE THE NEED TO WAIVE  LIABILITY  FOR
THE FULL COSTS.
  S  8.  The  opening  paragraph  of  paragraph  (h) of subdivision 2 of
section 1349 of the civil practice law and rules, as  added  by  chapter
655 of the laws of 1990, is amended to read as follows:
  [All]  EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I) OF
THIS SUBDIVISION  APPLIES,  ALL  moneys  remaining  after  distributions

S. 4444                             8

pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
distributed as follows:
  S 9. Subdivision 2 of section 1349 of the civil practice law and rules
is amended by adding a new paragraph (i) to read as follows:
  (I)  IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS
CONVICTED OF AN OFFENSE LISTED IN ARTICLE FOUR  HUNDRED  NINETY-FIVE  OF
THE  PENAL  LAW,  ALL  MONEYS  REMAINING AFTER DISTRIBUTIONS PURSUANT TO
PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  TO
THE  CRIMINAL  STREET  GANG  PREVENTION  FUND,  ESTABLISHED  PURSUANT TO
SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  S 10. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. CRIMINAL STREET GANG PREVENTION FUND. 1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  OF  THE  MISCELLANEOUS
SPECIAL  REVENUE FUND TO BE KNOWN AS THE CRIMINAL STREET GANG PREVENTION
FUND.
  2. THE COMPTROLLER IS AUTHORIZED AND DIRECTED TO RECEIVE  FOR  DEPOSIT
TO  THE CREDIT OF THE CULTURAL EDUCATION ACCOUNT REVENUES DESIGNATED FOR
SUCH DEPOSIT BY LAW OR APPROPRIATION.
  3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  BE  AVAILABLE  TO  SUPPORT  THE CRIMINAL STREET GANG AND VIOLENCE
PREVENTION PARTNERSHIP PROGRAM ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED THIRTEEN OF THE EDUCATION LAW.
  S  11. The education law is amended by adding a new article 25 to read
as follows:
                                ARTICLE 25
                             GANG PREVENTION
SECTION 1210. GANG PREVENTION.
        1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES.
        1212. DRESS CODE CONCERNING GANG-RELATED APPAREL.
        1213. CRIMINAL STREET GANG AND VIOLENCE  PREVENTION  PARTNERSHIP
                PROGRAM.
  S  1210.  GANG PREVENTION. THE DEPARTMENT SHALL PREPARE AND DISTRIBUTE
TO SCHOOLS GUIDELINES FOR  INCORPORATING  IN-SERVICE  TRAINING  IN  GANG
VIOLENCE  FOR  TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS, SCHOOL BOARD
MEMBERS, AND OTHER EDUCATIONAL  PERSONNEL  INTO  THE  STAFF  DEVELOPMENT
PLANS,  AND SHALL, UPON REQUEST, ASSIST ANY SCHOOL IN DEVELOPING COMPRE-
HENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS. SUCH INFORMATION AND
GUIDELINES, TO THE MAXIMUM EXTENT POSSIBLE, SHALL ENCOURAGE  SCHOOLS  TO
AVOID  DUPLICATION  OF EFFORT BY SHARING RESOURCES; ADAPTING OR ADOPTING
MODEL IN-SERVICE TRAINING PROGRAMS; DEVELOPING JOINT  AND  COLLABORATIVE
PROGRAMS;  AND  COORDINATING  EFFORTS WITH EXISTING STATE AND LOCAL GANG
VIOLENCE STAFF DEVELOPMENT PROGRAMS, COUNTY  AND  CITY  LAW  ENFORCEMENT
AGENCIES,  AND OTHER PUBLIC AND PRIVATE AGENCIES PROVIDING GANG VIOLENCE
PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL.
  THE DEPARTMENT SHALL ADDITIONALLY ASSIST SCHOOLS IN QUALIFYING FOR THE
RECEIPT OF FEDERAL AND STATE FUNDS TO SUPPORT THEIR  GANG  VIOLENCE  AND
DRUG  AND  ALCOHOL  ABUSE  PREVENTION  IN-SERVICE TRAINING PROGRAMS. THE
DEPARTMENT SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
REGARDING GANG VIOLENCE.
  THE  TERM "GANG VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION IN-SER-
VICE TRAINING" AS  USED  IN  THIS  SECTION  MEANS  THE  PRESENTATION  OF
PROGRAMS,  INSTRUCTION,  AND  CURRICULA THAT WILL HELP EDUCATORS DEVELOP
COMPETENCIES IN INTERACTING IN A POSITIVE MANNER WITH CHILDREN AND YOUTH
TO ASSIST THEM IN DEVELOPING THE  POSITIVE  VALUES,  SELF-ESTEEM,  KNOW-

S. 4444                             9

LEDGE,  AND  SKILLS  TO LEAD PRODUCTIVE, GANG-FREE, AND DRUG-FREE LIVES,
INCLUDING THE DEVELOPMENT OF KNOWLEDGE OF THE CAUSES  OF  GANG  VIOLENCE
AND  SUBSTANCE  ABUSE,  AND TRAINING REGARDING AVAILABLE INFORMATION AND
RESOURCES CONCERNING GANG VIOLENCE.
  S  1211. MODEL GANG VIOLENCE CURRICULUM; PREVENTION ACTIVITIES. 1. THE
DEPARTMENT, IN COLLABORATION  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES,  SHALL DEVELOP A MODEL GANG VIOLENCE PREVENTION CURRICULUM FOR
USE IN SCHOOLS, AND SHALL PROVIDE FOR AN INDEPENDENT BIENNIAL EVALUATION
OF THE CURRICULUM AND OF PUPIL OUTCOMES.
  2. IN DEVELOPING THE CURRICULUM, THE DEPARTMENT, IN  CONJUNCTION  WITH
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SHALL ASSESS THE CURRENT
STATUS OF SCHOOL CRIME COMMITTED ON SCHOOL CAMPUSES AND AT SCHOOL-RELAT-
ED FUNCTIONS, AND IDENTIFY APPROPRIATE STRATEGIES AND PROGRAMS THAT WILL
PROVIDE OR MAINTAIN A HIGH  LEVEL  OF  SCHOOL  SAFETY  AND  ADDRESS  THE
SCHOOL'S  PROCEDURES  FOR COMPLYING WITH EXISTING LAWS RELATED TO SCHOOL
SAFETY.
  3. UPON REQUEST, THE  DEPARTMENT  SHALL  ASSIST  SCHOOL  DISTRICTS  IN
DEVELOPING  COMPREHENSIVE  GANG  VIOLENCE  AND  DRUG  AND  ALCOHOL ABUSE
PREVENTION IN-SERVICE TRAINING PROGRAMS. SUCH GUIDELINES  SHALL  TO  THE
MAXIMUM  EXTENT  POSSIBLE ENCOURAGE SCHOOL DISTRICTS TO SHARE RESOURCES,
DEVELOP JOINT AND COLLABORATIVE PROGRAMS, AND  COORDINATE  EFFORTS  WITH
OTHER EXISTING STATE AND LOCAL PROGRAMS.
  4.  THE  DEPARTMENT  SHALL  PREPARE AND DISTRIBUTE TO SCHOOL DISTRICTS
GUIDELINES FOR INCORPORATING IN-SERVICE TRAINING IN  GANG  VIOLENCE  AND
DRUG  AND  ALCOHOL  ABUSE  PREVENTION FOR TEACHERS, COUNSELORS, ATHLETIC
DIRECTORS, SCHOOL BOARD MEMBERS, AND OTHER  EDUCATIONAL  PERSONNEL  INTO
THE  STAFF  DEVELOPMENT PLANS OF ALL SCHOOL DISTRICTS AND COUNTY OFFICES
OF EDUCATION. SUCH TRAINING SHALL INCLUDE INSTRUCTION  TO  TEACHERS  AND
ADMINISTRATORS ON THE SUBTLETIES OF IDENTIFYING CONSTANTLY CHANGING GANG
REGALIA AND GANG AFFILIATION.
  S   1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY  OTHER
PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, THE  GOVERN-
ING BOARD OF ANY SCHOOL DISTRICT MAY ADOPT OR RESCIND A REASONABLE DRESS
CODE POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOLWIDE UNIFORM OR PROHIB-
ITS PUPILS FROM WEARING "GANG-RELATED APPAREL" IF THE GOVERNING BOARD OF
THE SCHOOL DISTRICT APPROVES A PLAN THAT MAY BE INITIATED BY AN INDIVID-
UAL SCHOOL'S PRINCIPAL, STAFF, AND PARENTS AND DETERMINES THAT THE POLI-
CY  IS  NECESSARY  FOR  THE HEALTH AND SAFETY OF THE SCHOOL ENVIRONMENT.
INDIVIDUAL SCHOOLS MAY INCLUDE THE REASONABLE  DRESS  CODE  POLICY.  THE
GOVERNING BOARD SHALL PROVIDE A METHOD WHEREBY PARENTS MAY CHOOSE NOT TO
HAVE  THEIR  CHILDREN  COMPLY  WITH AN ADOPTED SCHOOL UNIFORM POLICY. NO
PUPIL SHALL BE PENALIZED ACADEMICALLY OR OTHERWISE DISCRIMINATED AGAINST
NOR DENIED ATTENDANCE TO SCHOOL IF THE PUPIL'S PARENTS CHOSE NOT TO HAVE
THE PUPIL COMPLY WITH THE SCHOOL UNIFORM  POLICY.  THE  GOVERNING  BOARD
SHALL  CONTINUE  TO HAVE RESPONSIBILITY FOR THE APPROPRIATE EDUCATION OF
SUCH PUPILS. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY
OUT THE INTENT AND PURPOSES OF THIS SECTION.
  S 1213. CRIMINAL  STREET  GANG  AND  VIOLENCE  PREVENTION  PARTNERSHIP
PROGRAM. 1.  THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIM-
INAL  JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING FOR PROGRAMS
FROM THE CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED  PURSUANT  TO
SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. ALL SUCH FUNDS SHALL
BE  DISBURSED  TO  NON-PROFIT  AGENCIES  THAT  COMPLY  WITH  THE PROGRAM
REQUIREMENTS AND WHO MEET FUNDING CRITERIA.
  2. GRANTS DISBURSED PURSUANT TO THIS SECTION MAY ENHANCE BUT SHALL NOT
SUPPLANT LOCAL, STATE, OR FEDERAL FUNDS THAT WOULD OTHERWISE  BE  AVAIL-

S. 4444                            10

ABLE  FOR  THE PREVENTION OR INTERVENTION OF YOUTH INVOLVEMENT IN GANGS,
CRIME, OR VIOLENCE.  GRANTS SHALL BE AWARDED PURSUANT TO A  REQUEST  FOR
PROPOSALS  THAT  INFORMS  APPLICANTS OF THE PURPOSES AND AVAILABILITY OF
FUNDS  TO BE AWARDED AND SOLICITS PROPOSALS TO PROVIDE SERVICES CONSIST-
ENT WITH THIS ARTICLE. AGENCIES RECEIVING FUNDS PURSUANT TO THIS SECTION
SHALL UTILIZE THE FUNDS TO PROVIDE SERVICES AND ACTIVITIES  DESIGNED  TO
PREVENT  OR  DETER  AT-RISK  YOUTH FROM PARTICIPATING IN GANGS, CRIMINAL
ACTIVITY, OR VIOLENT BEHAVIOR. SUCH FUNDS MAY NOT BE USED  FOR  SERVICES
OR ACTIVITIES RELATED TO SUPPRESSION, LAW ENFORCEMENT, INCARCERATION, OR
OTHER  PURPOSES  NOT  RELATED TO THE PREVENTION AND DETERRENCE OF GANGS,
CRIME, AND VIOLENCE. NOTHING IN THIS  SUBDIVISION  SHALL  PREVENT  FUNDS
FROM  BEING  USED  FOR  VIOLENCE  PREVENTION  AND  GANG CRIME DETERRENCE
SERVICES PROVIDED BY NONPROFIT AGENCIES TO YOUTHS INCARCERATED IN  JUVE-
NILE  DETENTION  FACILITIES. SERVICES AND ACTIVITIES PROVIDED WITH FUNDS
UNDER THIS SECTION SHALL BE USED FOR AT-RISK YOUTH WHO  ARE  DEFINED  AS
PERSONS  FROM  AGE  FIVE  TO  TWENTY YEARS OF AGE AND WHO ARE CURRENT OR
FORMER GANG MEMBERS, OR WHO HAVE ONE OR MORE FAMILY  MEMBERS  LIVING  AT
HOME WHO ARE CURRENT OR FORMER MEMBERS OF A GANG.
  3.  THE  DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE CRIMINAL STREET
GANG AND VIOLENCE PREVENTION PARTNERSHIP  PROGRAM  AFTER  TWO  YEARS  OF
PROGRAM  OPERATION AND EACH YEAR THEREAFTER, TO ASSESS THE EFFECTIVENESS
AND RESULTS OF THE PROGRAM. THE EVALUATION SHALL BE CONDUCTED  BY  STAFF
OR  AN INDEPENDENT BODY THAT HAS EXPERIENCE IN EVALUATING PROGRAMS OPER-
ATED BY COMMUNITY-BASED ORGANIZATIONS OR NONPROFIT AGENCIES.  AFTER  TWO
YEARS  OF  PROGRAM  OPERATION,  AND EACH YEAR THEREAFTER, THE DEPARTMENT
SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE  DESCRIBING
IN DETAIL THE OPERATION OF THE PROGRAM AND THE RESULTS OBTAINED.
  S  12.  Subdivision (f) of section 10.03 of the mental hygiene law, as
amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
follows:
  (f) "Designated felony" means any felony offense defined by any of the
following  provisions  of the penal law: assault in the second degree as
defined in section 120.05, assault in the first  degree  as  defined  in
section  120.10, gang assault in the second degree as defined in section
[120.06] 495.07, gang assault in the first degree as defined in  section
[120.07]  495.08,  stalking  in  the  first degree as defined in section
120.60, strangulation in the second degree as defined in section 121.12,
strangulation  in  the  first  degree  as  defined  in  section  121.13,
manslaughter  in  the  second  degree  as  defined in subdivision one of
section 125.15, manslaughter in the first degree as defined  in  section
125.20, murder in the second degree as defined in section 125.25, aggra-
vated murder as defined in section 125.26, murder in the first degree as
defined in section 125.27, kidnapping in the second degree as defined in
section  135.20,  kidnapping  in  the first degree as defined in section
135.25, burglary in the third  degree  as  defined  in  section  140.20,
burglary  in the second degree as defined in section 140.25, burglary in
the first degree as defined in  section  140.30,  arson  in  the  second
degree  as  defined  in  section  150.15,  arson  in the first degree as
defined in section 150.20, robbery in the third  degree  as  defined  in
section  160.05,  robbery  in  the  second  degree as defined in section
160.10, robbery in the  first  degree  as  defined  in  section  160.15,
promoting  prostitution  in  the  second  degree  as  defined in section
230.30, promoting prostitution in the first degree as defined in section
230.32, compelling prostitution as defined in  section  230.33,  dissem-
inating  indecent  material  to minors in the first degree as defined in
section 235.22, use of a child in a sexual  performance  as  defined  in

S. 4444                            11

section  263.05,  promoting  an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child  as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
  S 13. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.