New York S 5416: Proposes a constitutional amendment to divide the state into three autonomous regions

Bill Text

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S05416 Summary:

BILL NOS05416 

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SAME ASNo Same As

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SPONSORLANZA

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COSPNSR

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MLTSPNSR

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Amd §460.10, add §460.65, Pen L

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Establishes the class D felony of criminal street gang recruitment on school grounds which occurs when an individual on school grounds coerces, solicits, recruits or induces another person to join or remain a member of a criminal street gang, or conspires to do so.

Go to top S05416 Actions:

BILL NOS05416 

&nbsp

02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05416 Committee&nbspVotes:

Go to topS05416 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05416 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5416

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

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

 AN ACT to amend the penal law, in relation to criminal street gang
 recruitment on school grounds

 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;
 22 (f) has been stopped in the company of known criminal street gang
 23 members four or more times;
 24 (g) has been identified as a criminal street gang member by other law
 25 enforcement agencies; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09504-01-5

 S. 5416 2

 1 (h) is identified as a criminal street gang member by a family member.
 2 7. "Criminal street gang activity" means the commission or attempted
 3 commission of, or solicitation or conspiracy to commit, two or more
 4 criminal acts that:
 5 (a) were committed on separate occasions within a five year period;
 6 (b) are neither isolated incidents, nor so closely related and
 7 connected in point of time or circumstance of commission as to consti-
 8 tute a criminal offense or criminal transaction, as such terms are
 9 defined in section 40.10 of the criminal procedure law; and
 10 (c) further a criminal street gang by: (i) being related to one
 11 another through a common scheme or plan; or (ii) were committed, solic-
 12 ited, requested, importuned or intentionally aided by persons acting
 13 with the mental culpability required for the commission of such criminal
 14 acts and such person is a member of such criminal street gang.
 15 8. "School grounds" means (a) in or on or within any building, struc-
 16 ture, athletic playing field, playground or land contained within the
 17 real property boundary line of a public or private elementary, parochi-
 18 al, intermediate, junior high, vocational, or high school, or (b) any
 19 area accessible to the public located within one thousand feet of the
 20 real property boundary line comprising any such school or any parked
 21 automobile or other parked vehicle located within one thousand feet of
 22 the real property boundary line compr