S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2410--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN,  AKSHAR, BOYLE, CROCI, GALLIVAN, HELMING,
   JACOBS, MARCHIONE, MURPHY, O'MARA,  ORTT,  PHILLIPS,  ROBACH,  SERINO,
   TEDISCO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Codes -- recommitted to the Committee on
   Codes  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, the penal law, the
   state finance law and the  education  law,  in  relation  to  defining
   offenses involving criminal street gangs, creating the criminal street
   gang  prevention  fund,  and providing for gang prevention services in
   schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 State criminal street gang act".
   § 2. Legislative findings and purpose. The  legislature  hereby  finds
 that  preservation  of public order and improvement of individual safety
 and security can be improved by a comprehensive, targeted, and  systemic
 enhancement  of state laws applicable to criminal street gangs and their
 activities in order to prevent the  growth  of  such  gangs,  facilitate
 prosecution  and  punishment  of  their  members  for unlawful acts, and
 punish those who solicit others to participate in such gangs and in acts
 of gang-related violence and unlawfulness  or  who  provide  support  or
 resources to those who commit or encourage the commission of such acts.
   The  legislature  therefore  declares  it  to be in every sense in the
 public  interest  to  establish  the  comprehensive  approach   to   the
 protection  of  public  order  and individual safety enacted by this act
 that will enhance prosecution and punishment of the unlawful  activities
 of  criminal  street  gangs, prevent their growth and ability to recruit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03824-02-8
              

 S. 2410--A                          2
 
 members, and  expand  effective  anti-gang  education  and  intervention
 activities by the state and its localities.
   § 3. Paragraph (g) of subdivision 2 of section 1349 of the civil prac-
 tice  law  and  rules, as amended by chapter 398 of the laws of 2004, is
 amended to read as follows:
   (g) Forty percent of all moneys realized through forfeiture which  are
 remaining  after distributions pursuant to paragraphs (a) through (f) of
 this subdivision, to the chemical dependence  service  fund  established
 pursuant to section ninety-seven-w of the state finance law, EXCEPT THAT
 IN  THE  CASE  OF  ANY SUCH MONIES REALIZED THROUGH FORFEITURE RESULTING
 FROM CONVICTIONS OBTAINED UNDER ARTICLE FOUR HUNDRED NINETY-FIVE OF  THE
 PENAL  LAW,  SUCH  FORTY  PERCENT SHALL BE PAID INTO THE CRIMINAL STREET
 GANG PREVENTION FUND ESTABLISHED BY  SECTION  NINETY-SEVEN-RRRR  OF  THE
 STATE FINANCE LAW;
   §  4.  The penal law is amended by adding a new title Y-1-A to read as
 follows:
                                TITLE Y-1-A
                 OFFENSES INVOLVING CRIMINAL STREET GANGS
                                ARTICLE 495
           CRIMINAL STREET GANGS ENFORCEMENT AND PREVENTION ACT
 SECTION 495.05 DEFINITIONS.
         495.10 ACCEPTING THE BENEFITS OR  PROCEEDS  OF  CRIMINAL  STREET
                  GANG ACTIVITY.
         495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
         495.20 SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG
                  IN THE THIRD DEGREE.
         495.25 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET  GANG
                  IN THE SECOND DEGREE.
         495.30 SOLICITATION  OF  MINORS  FOR PARTICIPATION IN A CRIMINAL
                  STREET GANG.
         495.35 SOLICITATION OF MINORS FOR PARTICIPATION  IN  A  CRIMINAL
                  STREET GANG ON SCHOOL GROUNDS.
         495.40 SENTENCING.
 § 495.05 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
            MEAN AND INCLUDE:
   1.  "CRIMINAL  STREET  GANG"  MEANS  A  STREET  GANG THAT ENGAGES IN A
 PATTERN OF CRIMINAL STREET GANG ACTIVITY FOR  ITS  BENEFIT  OR  FOR  THE
 BENEFIT  OF  ONE  OR  MORE  MEMBERS.  AS  USED IN THIS ARTICLE, THE TERM
 "STREET GANG" MEANS AND INCLUDES ANY FORMAL OR INFORMAL  ASSOCIATION  IN
 FACT  OF  TWO  OR  MORE  INDIVIDUALS  IDENTIFIED BY A COMMON NAME, SIGN,
 DRESS, SYMBOLS, TATTOOS, OR OTHER MARK OR MARKINGS.
   2. "PARTICIPATION IN A CRIMINAL STREET GANG" MEANS (A) THE  COMMISSION
 OF  ANY ACT OF CRIMINAL STREET GANG ACTIVITY BY A PERSON FOR THE PURPOSE
 OF OBTAINING, MAINTAINING OR INCREASING  SUCH  PERSON'S  POSITION  IN  A
 CRIMINAL  STREET  GANG,  OR  (B)  THE  COMMISSION OF ANY ACT OF CRIMINAL
 STREET GANG ACTIVITY AT THE DIRECTION OF OR WITH THE KNOWLEDGE OF TWO OR
 MORE MEMBERS OF A CRIMINAL STREET  GANG,  OR  (C)  KNOWINGLY  USING  THE
 ASSETS  OF A CRIMINAL STREET GANG IN THE COMMISSION OF ANY ACT OF CRIMI-
 NAL STREET GANG ACTIVITY, OR (D) THE KNOWING RECEIPT OF ANY PROCEEDS  OR
 BENEFITS,  DIRECTLY  OR  INDIRECTLY,  FROM  THE COMMISSION OF ANY ACT OF
 CRIMINAL STREET GANG ACTIVITY, INCLUDING THE RECEIPT OF ANY  SUBSTITUTED
 ASSET OBTAINED OR CONVERTED FROM PROCEEDS OF SUCH ACT.
   3.  "PATTERN OF CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OF
 TWO OR MORE DISCREET ACTS OF CRIMINAL STREET GANG ACTIVITY, ONE OF WHICH
 OCCURRED AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND THE LAST OF  WHICH
 OCCURRED WITHIN THREE YEARS (EXCLUDING ANY PERIOD OF IMPRISONMENT) AFTER

 S. 2410--A                          3
 
 THE  COMMISSION OF A PRIOR ACT OF CRIMINAL STREET GANG ACTIVITY. AS USED
 IN THIS ARTICLE, "PATTERN OF CRIMINAL STREET GANG ACTIVITY"  ALSO  MEANS
 AND  INCLUDES  THE  CONSPIRACY TO COMMIT, SOLICIT, ATTEMPT, AID AND ABET
 THE COMMISSION OF ANY ACT OF CRIMINAL STREET GANG ACTIVITY;
   4.  "CRIMINAL STREET GANG ACTIVITY" MEANS ANY CRIMINAL OFFENSE DEFINED
 BY ANY OF THE FOLLOWING  PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00
 (ASSAULT  IN  THE  THIRD  DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND
 DEGREE); SECTION 120.06 (GANG ASSAULT IN  THE  SECOND  DEGREE);  SECTION
 120.07  (GANG  ASSAULT  IN THE FIRST DEGREE); SECTION 120.10 (ASSAULT IN
 THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS
 THAN ELEVEN YEARS OLD); SECTION 120.13 (MENACING IN THE  FIRST  DEGREE);
 SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION 120.15 (MENACING
 IN  THE  THIRD  DEGREE);  SECTION  120.20  (RECKLESS ENDANGERMENT IN THE
 SECOND DEGREE); SECTION  120.25  (RECKLESS  ENDANGERMENT  IN  THE  FIRST
 DEGREE);  SECTION  121.12  (STRANGULATION IN THE SECOND DEGREE); SECTION
 121.13 (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE  OF  SECTION
 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO OR FOUR
 OF  SECTION  125.20  (MANSLAUGHTER  IN THE FIRST DEGREE); SECTION 125.27
 (MURDER IN THE FIRST DEGREE);  SECTION  125.25  (MURDER  IN  THE  SECOND
 DEGREE);  SECTION 120.45 (STALKING IN THE FOURTH DEGREE); SECTION 120.50
 (STALKING IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN  THE  SECOND
 DEGREE);  SECTION 120.60 (STALKING IN THE FIRST DEGREE); SUBDIVISION ONE
 OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION
 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  130.65  (SEXUAL  ABUSE  IN  THE FIRST DEGREE); PARAGRAPH (A) OF
 SUBDIVISION ONE OF SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND
 DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.70  (AGGRAVATED
 SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT
 IN  THE  SECOND  DEGREE);  SECTION  135.10 (UNLAWFUL IMPRISONMENT IN THE
 FIRST DEGREE); SECTION 135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION
 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE
 SECOND DEGREE); SECTION 135.65 (COERCION IN THE FIRST  DEGREE);  SECTION
 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION 140.15 (CRIMINAL
 TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMINAL TRESPASS IN THE
 FIRST  DEGREE);  SECTION  140.20 (BURGLARY IN THE THIRD DEGREE); SECTION
 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN  THE
 FIRST  DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE);
 SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);  SECTION  145.10
 (CRIMINAL  MISCHIEF  IN  THE  SECOND  DEGREE);  SECTION 145.12 (CRIMINAL
 MISCHIEF IN THE FIRST DEGREE);  SECTION  150.05  (ARSON  IN  THE  FOURTH
 DEGREE);  SECTION  150.10  (ARSON  IN  THE THIRD DEGREE); SECTION 150.15
 (ARSON IN THE  SECOND  DEGREE);  SECTION  150.20  (ARSON  IN  THE  FIRST
 DEGREE);  SECTION  155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
 IN THE FOURTH DEGREE);  SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD
 DEGREE);  SECTION  155.40  (GRAND LARCENY IN THE SECOND DEGREE); SECTION
 155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05  (ROBBERY  IN
 THE  THIRD  DEGREE);  SECTION  160.10  (ROBBERY  IN  THE SECOND DEGREE);
 SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTIONS 210.10 AND 210.15
 (PERJURY); SECTIONS 215.00,  215.05,  215.11,  215.12,  215.13,  215.15,
 215.16,  215.17,  215.19  (BRIBERY,  TAMPERING  WITH  A JUROR); SECTIONS
 220.06, 220.09, 220.16, 220.18, 220.21, 220.28, 220.31, 220.34,  220.39,
 220.41,  220.43,  220.44  (CONTROLLED  SUBSTANCE  SALE  AND POSSESSION);
 SECTIONS 240.06, 240.15, 240.31, 240.32, 240.46, 240.55, 240.60, 240.61,
 240.62, 240.63,  240.71,  240.72,  240.73,  240.75  (RIOT  AND  OFFENSES
 AGAINST  PUBLIC ORDER); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE);
 SUBDIVISION ONE, TWO, OR FOUR OF SECTION 240.30  (AGGRAVATED  HARASSMENT

 S. 2410--A                          4
 
 IN  THE  SECOND DEGREE); SECTION 242.15 (HARMING A SERVICE ANIMAL IN THE
 FIRST DEGREE); SECTIONS 250.05,  250.45,  250.50,  250.60  (WIRETAPPING,
 UNLAWFUL  SURVEILLANCE,  AND  OFFENSES  AGAINST  THE  RIGHT TO PRIVACY);
 SECTION  270.20  (UNLAWFUL  WEARING OF A BODY VEST); AND SECTIONS 270.30
 AND 270.35 (UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE);  DRUG
 TRAFFICKING  FELONY  AS  DEFINED  IN  SUBDIVISION  TWENTY-ONE OF SECTION
 10.00; OR ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING PROVISIONS OF THIS
 CHAPTER: SECTION  120.03,  120.04,  120.04-A,  120.05,  120.08,  120.09,
 120.10,  120.11, 120.13, 120.18, 120.55, 120.60, 125.12, 125.13, 125.14,
 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 135.65,  140.17,
 140.20,  140.25, 140.30, 145.00, 145.05, 145.10, 145.12, 145.60, 145.65,
 190.25,  190.26,  190.78,  190.79,  190.80,  190.80-A,  200.00,  200.03,
 205.60,  205.65,  230.19,  230.20,  230.25,  230.32,  230.33, OR 230.34;
 265.11, 265.12, OR 235.13, AS SUCH PROVISIONS WERE IN  EFFECT  PRIOR  TO
 THE ENACTMENT OF CHAPTER ONE OF THE LAWS OF TWO THOUSAND THIRTEEN; ARTI-
 CLE  ONE  HUNDRED  FIFTY-FIVE,  ONE HUNDRED SIXTY, TWO HUNDRED TEN, FOUR
 HUNDRED SEVENTY, FOUR HUNDRED EIGHTY-FIVE OR FOUR HUNDRED NINETY; OR ANY
 FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, ONE HUNDRED  THIR-
 TY-FIVE, ONE HUNDRED FIFTY, ONE HUNDRED SIXTY-FIVE, TWO HUNDRED FIFTEEN,
 TWO  HUNDRED FORTY, TWO HUNDRED FIFTY OR TWO HUNDRED SIXTY-THREE; OR ANY
 ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
 § 495.10 ACCEPTING THE BENEFITS OR  PROCEEDS  OF  CRIMINAL  STREET  GANG
            ACTIVITY.
   A  PERSON  IS GUILTY OF ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL
 STREET GANG ACTIVITY WHEN SUCH PERSON KNOWINGLY ACCEPTS FROM A  CRIMINAL
 STREET  GANG  THE  BENEFITS  OR  PROCEEDS DERIVED FROM THE COMMISSION OF
 CRIMINAL STREET GANG ACTIVITY, OR OF ANY SUBSTITUTED ASSET  OBTAINED  OR
 CONVERTED FROM PROCEEDS OR BENEFITS DERIVED FROM SUCH ACT.
   ACCEPTING THE BENEFITS OR PROCEEDS OF CRIMINAL STREET GANG ACTIVITY IS
 A CLASS E FELONY.
 § 495.15 PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY.
   A  PERSON  IS GUILTY OF PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY
 WHEN, ACTING AS A MEMBER OF A CRIMINAL STREET GANG, SUCH PERSON KNOWING-
 LY PROMOTES, FURTHERS, ASSISTS IN,  CONDUCTS,  FACILITATES,  OR  PARTIC-
 IPATES  IN THE COMMISSION OF CRIMINAL STREET GANG ACTIVITY, OR KNOWINGLY
 RECEIVES THE BENEFITS FROM CRIMINAL STREET GANG  ACTIVITY,  OR  USES  OR
 INVESTS THE INCOME, ASSETS, PROCEEDS, OR SUBSTITUTE PROCEEDS, FROM CRIM-
 INAL STREET GANG ACTIVITY FOR THE BENEFIT OF THE CRIMINAL STREET GANG.
   PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY IS A CLASS E FELONY.
 § 495.20 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
            THIRD DEGREE.
   A  PERSON  IS  GUILTY  OF SOLICITATION FOR PARTICIPATION IN A CRIMINAL
 STREET GANG IN THE THIRD DEGREE IF  SUCH  PERSON  SOLICITS  OR  RECRUITS
 ANOTHER  TO PARTICIPATE IN A CRIMINAL STREET GANG, OR THREATENS A PERSON
 WITH PHYSICAL INJURY WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT  SUCH
 PERSON OR ANOTHER TO PARTICIPATE IN A CRIMINAL STREET GANG.
   SOLICITATION  FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE THIRD
 DEGREE IS A CLASS E FELONY.
 § 495.25 SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE
            SECOND DEGREE.
   A PERSON IS GUILTY OF SOLICITATION FOR  PARTICIPATION  IN  A  CRIMINAL
 STREET  GANG  IN  THE  SECOND DEGREE WHEN, WITH INTENT TO CAUSE PHYSICAL
 INJURY TO ANOTHER PERSON, SUCH PERSON CAUSES PHYSICAL INJURY TO  ANOTHER
 PERSON IN ORDER TO COERCE, INDUCE, OR SOLICIT SUCH PERSON TO PARTICIPATE
 IN A CRIMINAL STREET GANG.

 S. 2410--A                          5
 
   SOLICITATION FOR PARTICIPATION IN A CRIMINAL STREET GANG IN THE SECOND
 DEGREE IS A CLASS D FELONY.
 § 495.30 SOLICITATION  OF  MINORS FOR PARTICIPATION IN A CRIMINAL STREET
            GANG.
   A PERSON IS GUILTY OF SOLICITATION OF MINORS FOR  PARTICIPATION  IN  A
 CRIMINAL  STREET  GANG WHEN HE OR SHE COMMITS, FACILITATES, OR CONSPIRES
 TO COMMIT THE CRIME OF SOLICITATION  FOR  PARTICIPATION  IN  A  CRIMINAL
 STREET GANG AND THE PERSON SOLICITED IS LESS THAN EIGHTEEN YEARS OF AGE.
   SOLICITATION  OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG IS
 A CLASS D FELONY.
 § 495.35 SOLICITATION OF MINORS FOR PARTICIPATION IN A  CRIMINAL  STREET
            GANG ON SCHOOL GROUNDS.
   A  PERSON  IS  GUILTY OF SOLICITATION OF MINORS FOR PARTICIPATION IN A
 CRIMINAL STREET GANG ON SCHOOL GROUNDS WHEN HE OR SHE  COMMITS,  FACILI-
 TATES,  OR  CONSPIRES  TO COMMIT THE CRIME OF SOLICITATION OF MINORS FOR
 PARTICIPATION 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  OF MINORS FOR PARTICIPATION IN A CRIMINAL STREET GANG ON
 SCHOOL GROUNDS IS A CLASS C FELONY.
 § 495.40 SENTENCING.
   1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PARTICIPATION IN  CRIMI-
 NAL  STREET  GANG  ACTIVITY PURSUANT TO THIS ARTICLE, AND ONE OR MORE OF
 THE CRIMINAL STREET GANG ACTIVITIES CONSTITUTING SUCH PARTICIPATION 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  CRIMINAL
 STREET  GANG  ACTIVITY 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 CRIMINAL STREET GANG ACTIVITY THE
 DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
 APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
 COMMIT CRIMINAL STREET GANG ACTIVITY, 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 UNDERLYING CRIMINAL STREET GANG  ACTIV-
 ITY OR PATTERN OF CRIMINAL STREET GANG ACTIVITY 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.

 S. 2410--A                          6
 
   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  CRIMINAL
 STREET  GANG  ACTIVITY  IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE
 INDETERMINATE  SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS OF IMPRISON-
 MENT.
   § 5. The state finance law is amended by adding a new section  97-rrrr
 to read as follows:
   §  97-RRRR.  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  CRIMINAL  STREET GANG PREVENTION FUND SHALL CONSIST OF MONEYS
 APPROPRIATED THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR  SOURCES,
 AND  MONEYS  DEPOSITED  THEREIN  PURSUANT  TO SUBDIVISION TWO OF SECTION
 THIRTEEN HUNDRED FORTY-NINE OF THE CIVIL PRACTICE LAW AND RULES  OR  ANY
 OTHER SECTION OF LAW.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE  EXPENDED TO SUPPORT THE CRIMINAL STREET GANG AND VIOLENCE PREVENTION
 PARTNERSHIP PROGRAM ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED THIR-
 TEEN OF THE EDUCATION LAW. MONEYS SHALL BE PAID OUT OF  THE  ACCOUNT  ON
 THE  AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR
 APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, IN  COLLAB-
 ORATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  6.  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.
   §  1210.  GANG PREVENTION. 1.  THE DEPARTMENT, AFTER CONSULTATION WITH
 THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  REGARDING  GANG  VIOLENCE,
 SHALL:
   (A)  PREPARE  AND  DISTRIBUTE  TO SCHOOLS GUIDELINES FOR INCORPORATING
 IN-SERVICE TRAINING IN GANG VIOLENCE INTO STAFF  DEVELOPMENT  PLANS  FOR
 TEACHERS,  COUNSELORS,  ATHLETIC  DIRECTORS,  SCHOOL  BOARD MEMBERS, AND
 OTHER EDUCATIONAL PERSONNEL, AND SHALL, UPON REQUEST, ASSIST ANY  SCHOOL
 IN  DEVELOPING COMPREHENSIVE GANG VIOLENCE IN-SERVICE TRAINING PROGRAMS.
 TO THE MAXIMUM EXTENT POSSIBLE SUCH  INFORMATION  AND  GUIDELINES  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
 GANG  VIOLENCE  STAFF DEVELOPMENT PROGRAMS, COUNTY AND CITY LAW ENFORCE-
 MENT AGENCIES, AND OTHER PUBLIC  AND  PRIVATE  AGENCIES  PROVIDING  GANG
 VIOLENCE PREVENTION, OR OTHER RELATED SERVICES AT THE LOCAL LEVEL; AND
   (B) ASSIST SCHOOLS SEEKING TO QUALIFY FOR RECEIPT OF FEDERAL AND STATE
 FUNDS  TO  SUPPORT  GANG  VIOLENCE AND DRUG AND ALCOHOL ABUSE PREVENTION
 IN-SERVICE TRAINING PROGRAMS.
   2. THE TERM "GANG VIOLENCE  AND  DRUG  AND  ALCOHOL  ABUSE  PREVENTION
 IN-SERVICE  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

 S. 2410--A                          7
 
 AND  THEIR  PARENTS  TO  ASSIST  THEM IN DEVELOPING THE POSITIVE VALUES,
 SELF-ESTEEM, KNOWLEDGE, 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.
   § 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.
   §  1212.  DRESS  CODE  CONCERNING  GANG-RELATED  APPAREL.  ANY   OTHER
 PROVISION  OF  ANY  OTHER LAW TO THE CONTRARY NOTWITHSTANDING, FOLLOWING
 PROCEDURES ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  ONE  OF
 THIS  CHAPTER,  THE  BOARD  OF  EDUCATION OR THE TRUSTEES, AS DEFINED IN
 SECTION TWO OF THIS CHAPTER, OF EVERY SCHOOL DISTRICT WITHIN THE  STATE,
 HOWEVER CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
 COUNTY  VOCATIONAL  EXTENSION  BOARD  MAY  ADOPT OR RESCIND A DRESS CODE
 POLICY THAT REQUIRES PUPILS TO WEAR A SCHOOL-WIDE UNIFORM  OR  PROHIBITS
 PUPILS FROM WEARING "GANG-RELATED APPAREL".
   §  1213.  CRIMINAL  STREET  GANG  AND  VIOLENCE PREVENTION PARTNERSHIP
 PROGRAM. 1. THE DEPARTMENT, IN COLLABORATION WITH THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES, SHALL EVALUATE REQUESTS FOR FUNDING  FOR  PROGRAMS
 FROM  THE  CRIMINAL STREET GANG PREVENTION FUND, ESTABLISHED PURSUANT TO
 SECTION NINETY-SEVEN-RRRR 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-
 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

 S. 2410--A                          8
 
 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.
   4.  THE  COMMISSIONER  SHALL  ADDITIONALLY BE EMPOWERED TO DEVELOP AND
 IMPLEMENT AN  EDUCATIONAL  PROGRAM,  COORDINATED  WITH  THE  EDUCATIONAL
 PROGRAM  AUTHORIZED PURSUANT TO SECTION FIFTEEN-B OF THE CORRECTION LAW,
 WHICH SHALL BE KNOWN AS THE DEPARTMENT OF CORRECTIONS GANG EDUCATION AND
 PREVENTION PROGRAM, WHEREBY INMATES CAN RECEIVE  INSTRUCTION  CONCERNING
 THE  IMPACT  OF  AND RISKS ASSOCIATED WITH GANG AFFILIATION, AND RECEIVE
 SUPPORT SERVICES IN RELATION TO THE CESSATION OF  GANG  MEMBERSHIP.  THE
 COMMISSIONER  SHALL  BE  EMPOWERED  TO  PROMULGATE RULES AND REGULATIONS
 NECESSARY TO EFFECTUATE THIS PROGRAM. THE PROGRAM SHALL BE  FUNDED  FROM
 THE  CRIMINAL  STREET  GANG  PREVENTION FUND OR FROM ANY OTHER APPROPRI-
 ATIONS MADE OR FUNDS OTHERWISE MADE AVAILABLE TO SUCH PROGRAM.
   § 7. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment  shall not affect, impair or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.