NY S00479

Creates Article 486 of the Penal Law establishing the "Criminal Street Gang Related Crimes Act" with enhanced penalties for violent crimes committed in furtherance of gang activity or by gang members.

Defines "criminal street gang" as an organization of three or more persons with an identifiable name or symbol whose primary activity includes commission of criminal acts, and "criminal street gang member" based on eight criteria including admissions, informant identification, tattoos, arrests with gang members, or family identification.

Designates 47 specified violent and property offenses (assault, manslaughter, murder, rape, robbery, burglary, arson, larceny, harassment, and attempts/conspiracies thereof) as eligible for gang-related crime enhancement.

Increases sentences one category for misdemeanors and Class C, D, or E felonies; for Class B felonies imposes minimum sentences of 6-12 years depending on sentencing section; for Class A-1 felonies requires minimum of 20 years, with judicial discretion to waive enhancements if unduly harsh.

Allows local jurisdictions to enact supplementary laws on gang activity and violence on school grounds; takes effect November 1 following enactment.