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NY A03477
Bill
Status
1/25/2011
Primary Sponsor
Peter Rivera
Click for details
AI Summary
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Creates new Article 475 of Penal Law establishing street gang crime as a felony when a person commits any felony for the benefit of, at the direction of, or in association with a street gang
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Defines a street gang as two or more persons associated in fact who share a common name, identifying sign, symbol, tattoo, style of dress, hand signs, or common leadership, and have collectively committed, conspired, facilitated, or attempted two or more offenses including assault, homicide, sex offenses, kidnapping, burglary, arson, larceny, robbery, or drug offenses
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Imposes an additional determinate sentence of 2-5 years imprisonment for street gang crime convictions, to be served consecutively with any sentence for the underlying felony
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Increases the additional sentence to 10 years when the underlying felony is a violent felony offense or Class A felony offense
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Requires indictments in street gang crime cases to specify that the defendant, aided by two or more persons actually present, committed the felony for the benefit of or in association with a street gang; effective November 1 following enactment
Legislative Description
Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony for the benefit of, at the direction of or in association with a street gang; a determinate sentence of between 2 and 5 years shall be served in addition to any other sentence imposed for the conviction of the underlying felony and shall be served consecutively with any other sentence of imprisonment; however, when the underlying felony is a violent felony or a class A felony the determinate sentence shall be 10 years.
Last Action
enacting clause stricken
9/4/2012