Res. No. 1501
Resolution supporting New York State Assembly Bill A.01688, by Assembly Member Rivera, and A.02428, by Assembly Member Hoyt, which facilitate the prosecution of those engaged in recruitment or solicitation of others into criminal street gang activities.
By Council Members Vallone Jr., Comrie, Fidler, Gentile, Nelson and Palma.
Whereas, New York Police Department experience shows that young people are particularly vulnerable to gang recruitment attempts when gang members bar them from entering a particular store or prevent them from walking down a particular street, unless they join the gang; and
Whereas, One factor contributing to the difficulty of combating criminal street gang activity is the lack of a penal statute directed at the most common behaviors associated with gangs: recruiting new members, deterring those who want to leave a gang, concealing illicit criminal street gang activity, and attempting to control access to public areas; and
Whereas, Proposed Assembly bill A.01688 classifies these destructive and intimidating acts, designed to further a criminal street gang’s continued existence, as class A misdemeanors; and
Whereas, Furthermore, Assembly bill A. 01688 would amend the Criminal Procedure Law by making the new crime of engaging in criminal street gang activity a “designated offense” for the purpose of issuing of an eavesdropping or video surveillance warrant; and
Whereas, Criminal street gangs, assembled for the principal purpose of engaging in unlawful activity, are constantly seeking to recruit new members to participate in their criminal practices through threats, intimidation and actual physical violence; and
Whereas, Such recruitment is undertaken with the intent of requiring a person to commit a range of crimes to join or retain membership in a street gang; and
Whereas, Minors are particularly vulnerable to such incitement and intimidation in their high schools and local neighborhoods and are often forced into criminal activity as a means of gang initiation; and
Whereas, Proposed Assembly bill A.02428 classifies the new crime of solicitation or recruitment of persons in criminal street gang activity and the crime of solicitation or recruitment of minors in criminal street gang activity, as class E and D felonies respectively; and
Whereas, Just as recruitment helps to perpetuate a strong gang presence, deliberately targeting the activities of those who seek out new members will severely weaken criminal gang structure; and
Whereas, Holding accountable those who solicit or recruit gang members brings gang recruiters within the ambit of the law and protects minors from this form of exploitation; and
Whereas, Proposed Assembly bills A.01688 and A.02428 seek to effectively deter criminal street gangs and punish those who seek to employ others for their criminal ends; and
Whereas, The presence of criminal street gangs, especially those trafficking drugs or guns, can terrify the law-abiding citizens forced to coexist with them; now therefore, be it
Resolved, That the Council of the City of New York supports New York State Assembly Bill A.01688, by Assembly Member Rivera, and A.02428, by Assembly Member Hoyt, which facilitate the prosecution of those engaged in recruitment or solicitation of others into criminal street gang activities.
LS # 1927
IR
5/16/07