New York A 5326: Enacts the criminal street gang related crimes act

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A05326 Summary:

BILL NOA05326 

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SAME ASNo Same As

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SPONSORRamos

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COSPNSRStern

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MLTSPNSR

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Add Art 482 §§482.00 - 482.15, Pen L

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Enacts the criminal street gang related crimes act; provides for enhanced criminal sanctions where crimes are related to criminal street gangs.

Go to top A05326 Actions:

BILL NOA05326 

&nbsp

02/13/2025referred to codes

01/07/2026referred to codes

Go to topA05326 Committee&nbspVotes:

Go to topA05326 Floor&nbspVotes:

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

Go to topA05326 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5326

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. RAMOS, STERN -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to enacting the criminal
 street gang related crimes act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "criminal street gang related crimes act".
 3 § 2. The penal law is amended by adding a new article 482 to read as
 4 follows:
 5 ARTICLE 482
 6 CRIMINAL STREET GANG RELATED CRIMES
 7 Section 482.00 Legislative findings.
 8 482.05 Definitions.
 9 482.10 Criminal street gang related crime.
 10 482.15 Sentencing.
 11 § 482.00 Legislative findings.
 12 The legislature finds and determines as follows: gang related crime
 13 has continued to increase in American society. It is no longer uncommon
 14 for gangs to solicit youngsters in the elementary schools to join in
 15 their criminal activity. Tougher, new laws are required to break these
 16 gangs. It is time to start going after gangs as we did with organized
 17 crime.
 18 This article increases penalties for various violent crimes that are
 19 perpetrated in the furtherance of gang activity. The concept is similar
 20 to the law the state enacted to deal with bias related crimes. The
 21 penalty is not only given for the underlying assault, but also for the
 22 fact that it was bias related. In this case, for example, an E felony is
 23 raised to a D felony where the violent crime was committed in the furth-
 24 erance of gang activity. This article mirrors legislation that has been

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02448-01-5

 A. 5326 2

 1 enacted in many other states including the states of New Jersey, Cali-
 2 fornia and Florida.
 3 § 482.05 Definitions.
 4 For the purposes of this article:
 5 1. "Criminal street gang" means any ongoing organization, association
 6 or group of three or more persons, whether formal or informal, having as
 7 one of its primary activities the commission of one or more criminal
 8 acts, which has an identifiable name or identifying sign or symbol, and
 9 whose members individually or collectively engage in or have engaged in
 10 criminal street gang activity.
 11 2. "Criminal street gang member" means a person to whom two or more of
 12 the following criteria apply:
 13 (a) admits to criminal street gang membership;
 14 (b) is identified as a criminal street gang member by a documented
 15 reliable informant;
 16 (c) resides in or frequents a particular criminal street gang's area
 17 and adopts its style of dress, its use of hand signals or its tattoos
 18 and associates with known criminal street gang members;
 19 (d) has been arrested more than once in the company of known criminal
 20 street gang members for offenses which are consistent with usual crimi-
 21 nal street gang activity;
 22 (e) is identified as a criminal street gang member by physical
 23 evidence, such as photographs or other documentation;
 24 (f) has been stopped in the company of known criminal street gang
 25 members four or more times;
 26 (g) has been identified as a criminal street gang member by other law
 27 enforcement agencies; or
 28 (h) is identified as a criminal street gang member by a family member.
 29 3. "Criminal street gang activity" means the commission or attempted
 30 commission of, or solicitation or conspiracy to commit, two or more
 31 felony acts that:
 32 (a) were committed on separate oc