S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3940
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced by M. of A. TITONE, COLTON, FINCH -- Multi-Sponsored by -- M.
         of A. MOYA -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to establishing criminal
         street gang enterprise offenses and the abatement of premises used for
         criminal street gang enterprise activity; and to amend the civil prac-
         tice law and rules, in relation to disposition  of  forfeiture  moneys
         where  the  person  against whom a forfeiture action is commenced is a
         member of a criminal street gang enterprise
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law is amended by adding a new article 280 to
    2  read as follows:
    3                                  ARTICLE 280
    4                            CRIMINAL STREET GANG
    5                             ENTERPRISE OFFENSES
    6  SECTION 280.00 DEFINITIONS.
    7          280.05 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT
    8                   OR RETENTION.
    9          280.10 CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT
   10                   OR RETENTION OF MINORS.
   11          280.15 COERCION OF A MINOR INTO A CRIMINAL  STREET  GANG  ENTER-
   12                   PRISE CONSPIRACY.
   13          280.20 CRIMINAL STREET GANG ENTERPRISE LEADERSHIP.
   14          280.25 ABATEMENT  OF  PREMISES  USED  FOR  CRIMINAL  STREET GANG
   15                   ENTERPRISE ACTIVITY.
   16          280.30 PREEMPTION.
   17  S 280.00 DEFINITIONS.
   18    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   19    1. "CRIMINAL STREET GANG ENTERPRISE" MEANS A GROUP OF PERSONS  SHARING
   20  A  COMMON  PURPOSE  OF  ENGAGING  IN  CRIMINAL CONDUCT, ASSOCIATED IN AN
   21  ASCERTAINABLE STRUCTURE DISTINCT FROM A PATTERN OF STREET GANG  CRIMINAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03991-01-3
       A. 3940                             2
    1  ACTIVITY,  AND  WITH  A  CONTINUITY OF EXISTENCE, STRUCTURE AND CRIMINAL
    2  PURPOSE BEYOND THE SCOPE OF INDIVIDUAL CRIMINAL ACTS.
    3    2.  "GANG CRIME" MEANS CONDUCT CONSTITUTING ANY OF THE FOLLOWING FELO-
    4  NIES, OR CONSPIRACY OR ATTEMPT TO COMMIT ANY OF THE FOLLOWING  FELONIES:
    5  SECTIONS  120.05, 120.10 AND 120.11 RELATING TO ASSAULT; SECTIONS 125.10
    6  TO 125.27 RELATING TO  HOMICIDE;  SECTIONS  130.25,  130.30  AND  130.35
    7  RELATING  TO  RAPE;  SECTIONS  135.20 AND 135.25 RELATING TO KIDNAPPING;
    8  SECTION 135.35 RELATING TO LABOR TRAFFICKING; SECTION 135.65 RELATING TO
    9  COERCION; SECTIONS 140.20,  140.25  AND  140.30  RELATING  TO  BURGLARY;
   10  SECTIONS  145.05, 145.10 AND 145.12 RELATING TO CRIMINAL MISCHIEF; ARTI-
   11  CLE ONE HUNDRED FIFTY RELATING TO ARSON; SECTIONS 155.30, 155.35, 155.40
   12  AND 155.42 RELATING TO GRAND LARCENY; SECTIONS  177.10,  177.15,  177.20
   13  AND  177.25  RELATING  TO  HEALTH  CARE FRAUD; ARTICLE ONE HUNDRED SIXTY
   14  RELATING TO ROBBERY; SECTIONS 165.45, 165.50, 165.52 AND 165.54 RELATING
   15  TO CRIMINAL POSSESSION OF STOLEN PROPERTY; SECTIONS  165.72  AND  165.73
   16  RELATING  TO  TRADEMARK COUNTERFEITING; SECTIONS 170.10, 170.15, 170.25,
   17  170.30, 170.40, 170.65 AND 170.70 RELATING TO FORGERY; SECTIONS  175.10,
   18  175.25, 175.35, 175.40 AND 210.40 RELATING TO FALSE STATEMENTS; SECTIONS
   19  176.15,  176.20, 176.25 AND 176.30 RELATING TO INSURANCE FRAUD; SECTIONS
   20  178.20 AND 178.25 RELATING TO CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
   21  TIONS  AND  PRESCRIPTIONS;  SECTIONS  180.03,  180.08,  180.15,  180.25,
   22  180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
   23  200.22, 200.25, 200.27, 215.00, 215.05 AND 215.19 RELATING  TO  BRIBERY;
   24  SECTIONS 187.10, 187.15, 187.20 AND 187.25 RELATING TO RESIDENTIAL MORT-
   25  GAGE  FRAUD;  SECTIONS  190.40  AND  190.42  RELATING TO CRIMINAL USURY;
   26  SECTION 190.65 RELATING TO  SCHEMES  TO  DEFRAUD;  SECTIONS  205.60  AND
   27  205.65  RELATING  TO HINDERING PROSECUTION; SECTIONS 210.10, 210.15, AND
   28  215.51 RELATING TO PERJURY AND  CONTEMPT;  SECTION  215.40  RELATING  TO
   29  TAMPERING  WITH  PHYSICAL  EVIDENCE;  SECTIONS  220.06,  220.09, 220.16,
   30  220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,  220.55,
   31  220.60 AND 220.77 RELATING TO CONTROLLED SUBSTANCES; SECTIONS 225.10 AND
   32  225.20  RELATING TO GAMBLING; SECTIONS 230.25, 230.30, AND 230.32 RELAT-
   33  ING TO PROMOTING PROSTITUTION; SECTION 230.34 RELATING TO SEX  TRAFFICK-
   34  ING;  SECTIONS  235.06, 235.07, 235.21 AND 235.22 RELATING TO OBSCENITY;
   35  SECTIONS 263.10 AND 263.15 RELATING TO PROMOTING A SEXUAL PERFORMANCE BY
   36  A CHILD; SECTIONS 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 AND THE
   37  PROVISIONS OF SECTION 265.10  WHICH  CONSTITUTE  A  FELONY  RELATING  TO
   38  FIREARMS  AND  OTHER  DANGEROUS  WEAPONS; AND SECTIONS 265.14 AND 265.16
   39  RELATING TO CRIMINAL SALE OF A  FIREARM;  AND  SECTION  275.10,  275.20,
   40  275.30,  OR  275.40  RELATING  TO  UNAUTHORIZED RECORDINGS; AND SECTIONS
   41  470.05, 470.10, 470.15 AND 470.20 RELATING TO MONEY LAUNDERING, OF  THIS
   42  CHAPTER.
   43    3. "PATTERN OF STREET GANG CRIMINAL ACTIVITY" MEANS CONDUCT ENGAGED IN
   44  BY  PERSONS CHARGED IN A CRIMINAL STREET GANG ENTERPRISE OFFENSE DEFINED
   45  IN THIS ARTICLE CONSTITUTING THREE OR MORE GANG CRIMES THAT:
   46    (A) WERE COMMITTED WITHIN TEN YEARS OF THE COMMENCEMENT OF THE  CRIMI-
   47  NAL ACTION;
   48    (B)  ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED AND
   49  CONNECTED IN POINT OF TIME OR CIRCUMSTANCES OF COMMISSION AS TO  CONSTI-
   50  TUTE  A  CRIMINAL  OFFENSE  OR  CRIMINAL TRANSACTION, AS THOSE TERMS ARE
   51  DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
   52    (C) ARE EITHER:  (I) RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME OR
   53  PLAN OR (II) WERE COMMITTED, SOLICITED, REQUESTED, IMPORTUNED OR  INTEN-
   54  TIONALLY  AIDED  BY  PERSONS ACTING WITH THE MENTAL CULPABILITY REQUIRED
   55  FOR THE COMMISSION THEREOF AND ASSOCIATED WITH OR IN THE CRIMINAL STREET
   56  GANG ENTERPRISE.
       A. 3940                             3
    1  S 280.05 CRIMINAL STREET GANG ENTERPRISE  SOLICITATION,  RECRUITMENT  OR
    2             RETENTION.
    3    A  PERSON  IS  GUILTY OF CRIMINAL STREET GANG ENTERPRISE SOLICITATION,
    4  RECRUITMENT OR RETENTION WHEN HE OR SHE:
    5    1. INTENTIONALLY SOLICITS, RECRUITS, EMPLOYS, CAUSES,  ENCOURAGES,  OR
    6  CONSPIRES TO CAUSE ANOTHER PERSON TO BE OR REMAIN AS A MEMBER OF A CRIM-
    7  INAL  STREET  GANG ENTERPRISE THAT REQUIRES AS A CONDITION OF MEMBERSHIP
    8  OR CONTINUED MEMBERSHIP THE  COMMISSION  OF  OR  PARTICIPATION  IN  GANG
    9  CRIMES; OR
   10    2.  INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
   11  TUTING A THREAT TO PERSON OR PROPERTY OR TO ANY ASSOCIATE OR RELATIVE OF
   12  THE PERSON BEING SOLICITED, RECRUITED OR RETAINED AS A MEMBER OF A CRIM-
   13  INAL STREET GANG ENTERPRISE THAT REQUIRES AS A CONDITION  OF  MEMBERSHIP
   14  OR  CONTINUED  MEMBERSHIP  THE  COMMISSION  OF  OR PARTICIPATION IN GANG
   15  CRIMES.
   16    CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION
   17  IS A CLASS E FELONY.
   18  S 280.10 CRIMINAL STREET GANG ENTERPRISE  SOLICITATION,  RECRUITMENT  OR
   19             RETENTION OF MINORS.
   20    A  PERSON  IS  GUILTY OF CRIMINAL STREET GANG ENTERPRISE SOLICITATION,
   21  RECRUITMENT OR RETENTION OF MINORS WHEN HE OR SHE:
   22    1. INTENTIONALLY SOLICITS, RECRUITS, EMPLOYS, CAUSES,  ENCOURAGES,  OR
   23  CONSPIRES  TO  CAUSE ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE TO BE OR
   24  REMAIN AS A MEMBER OF A CRIMINAL STREET GANG ENTERPRISE THAT REQUIRES AS
   25  A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE COMMISSION  OF  OR
   26  PARTICIPATION IN GANG CRIMES; OR
   27    2.  INTENTIONALLY MAKES ANY COMMUNICATION, DIRECT OR INDIRECT, CONSTI-
   28  TUTING A THREAT TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO PROPERTY, OR
   29  TO ANY ASSOCIATE OR RELATIVE OF THE MINOR BEING SOLICITED, RECRUITED  OR
   30  RETAINED  AS A MEMBER OF A CRIMINAL STREET GANG ENTERPRISE THAT REQUIRES
   31  AS A CONDITION OF MEMBERSHIP OR CONTINUED MEMBERSHIP THE  COMMISSION  OF
   32  OR PARTICIPATION IN GANG CRIMES.
   33    CRIMINAL STREET GANG ENTERPRISE SOLICITATION, RECRUITMENT OR RETENTION
   34  OF MINORS IS A CLASS D FELONY.
   35  S 280.15 COERCION  OF  A  MINOR  INTO  A CRIMINAL STREET GANG ENTERPRISE
   36             CONSPIRACY.
   37    A PERSON IS GUILTY OF COERCION OF A MINOR INTO A CRIMINAL STREET  GANG
   38  ENTERPRISE  CONSPIRACY WHEN, WITH THE INTENT TO CAUSE PHYSICAL INJURY TO
   39  A PERSON UNDER EIGHTEEN YEARS OF AGE, HE OR  SHE  CAUSES  SUCH  PHYSICAL
   40  INJURY  TO SUCH PERSON OR ANOTHER PERSON UNDER EIGHTEEN YEARS OF AGE FOR
   41  THE PURPOSE OF CAUSING OR COERCING SUCH PERSON TO JOIN OR PARTICIPATE IN
   42  A CRIMINAL CONSPIRACY TO BENEFIT A CRIMINAL STREET  GANG  ENTERPRISE  OR
   43  OTHER  ORGANIZATION  OF  THREE  OR MORE PERSONS WHICH HAS A COMMON NAME,
   44  IDENTIFYING SIGN OR SYMBOL AND WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVE-
   45  LY ENGAGE IN GANG CRIMES.
   46    COERCION OF A MINOR INTO A CRIMINAL STREET GANG ENTERPRISE  CONSPIRACY
   47  IS A CLASS D FELONY.
   48  S 280.20 CRIMINAL STREET GANG ENTERPRISE LEADERSHIP.
   49    A PERSON IS GUILTY OF CRIMINAL STREET GANG ENTERPRISE LEADERSHIP WHEN,
   50  AS  A  MEMBER  OF A CRIMINAL STREET GANG ENTERPRISE, HE OR SHE COMMANDS,
   51  COUNSELS, PERSUADES, INDUCES,  ENTICES  OR  COERCES  ANY  INDIVIDUAL  TO
   52  COMMIT A CRIME WHERE THE PURPOSE OF SUCH CRIME IS THE FURTHERANCE OF THE
   53  CRIMINAL OBJECTIVES OF SUCH CRIMINAL STREET GANG ENTERPRISE.
   54    CRIMINAL STREET GANG ENTERPRISE LEADERSHIP IS A CLASS D FELONY.
   55  S 280.25 ABATEMENT  OF PREMISES USED FOR CRIMINAL STREET GANG ENTERPRISE
   56             ACTIVITY.
       A. 3940                             4
    1    1. ANY PLACE OR PREMISES THAT HAS BEEN USED ON  MORE  THAN  TWO  OCCA-
    2  SIONS,  WITHIN A SIX MONTH PERIOD OF TIME, FOR THE PURPOSE OF CONDUCTING
    3  A PATTERN OF STREET GANG CRIMINAL ACTIVITY, OR ANY REAL PROPERTY THAT IS
    4  ERECTED, ESTABLISHED, MAINTAINED, OWNED, LEASED, OR USED BY ANY CRIMINAL
    5  STREET  GANG  ENTERPRISE  FOR  THE PURPOSE OF CONDUCTING CRIMINAL STREET
    6  GANG ENTERPRISE ACTIVITY CONSTITUTES A NUISANCE, THAT SHALL BE ENJOINED,
    7  ABATED, AND PREVENTED, AND FOR WHICH DAMAGES MAY BE RECOVERED,   WHETHER
    8  IT IS A PUBLIC OR PRIVATE NUISANCE.
    9    2.  ANY ACTION FOR AN INJUNCTION OR ABATEMENT FILED PURSUANT TO SUBDI-
   10  VISION ONE OF THIS SECTION SHALL PROCEED ACCORDING TO THE PROVISIONS  OF
   11  THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT ALL OF THE FOLLOWING SHALL
   12  APPLY:
   13    (A)  THE  COURT  SHALL  NOT  ASSESS A CIVIL PENALTY AGAINST ANY PERSON
   14  UNLESS THAT PERSON KNEW OR  SHOULD  HAVE  KNOWN  OF  THE  UNLAWFUL  ACTS
   15  COMMITTED ON OR IN THE PREMISES;
   16    (B) NO ORDER OF EVICTION OR CLOSURE MAY BE ENTERED;
   17    (C)  ALL  INJUNCTIONS  ISSUED  SHALL  BE LIMITED TO THOSE NECESSARY TO
   18  PROTECT THE HEALTH AND SAFETY OF THE RESIDENTS OR THE  PUBLIC  OR  THOSE
   19  NECESSARY TO PREVENT FURTHER CRIMINAL ACTIVITY; AND
   20    (D)  SUIT  MAY  NOT  BE  FILED UNTIL A THIRTY-DAY NOTICE PERIOD OF THE
   21  UNLAWFUL USE OR CRIMINAL CONDUCT HAS BEEN PROVIDED TO THE OWNER BY MAIL,
   22  RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS.
   23    3. NO NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION  WHICH  IS  CONDUCTING
   24  ITS  AFFAIRS  WITH  ORDINARY CARE AND SKILL, AND NO GOVERNMENTAL ENTITY,
   25  SHALL BE ABATED PURSUANT TO THE PROVISIONS OF SUBDIVISIONS ONE  AND  TWO
   26  OF THIS SECTION.
   27    4.  NOTHING  IN  THIS SECTION SHALL PRECLUDE ANY AGGRIEVED PERSON FROM
   28  SEEKING ANY OTHER REMEDY PROVIDED BY LAW.
   29  S 280.30 PREEMPTION.
   30    NOTHING IN THIS ARTICLE SHALL PREEMPT AN  APPROPRIATE  ALTERNATIVE  OR
   31  ADDITIONAL  CHARGE  PURSUANT  TO THIS CHAPTER, INCLUDING BUT NOT LIMITED
   32  TO, A CHARGE PURSUANT TO SECTION 120.06  (GANG  ASSAULT  IN  THE  SECOND
   33  DEGREE),  OR  SECTION  120.07  (GANG  ASSAULT  IN  THE FIRST DEGREE); OR
   34  PREVENT A LOCAL GOVERNMENT FROM ADOPTING AND ENFORCING  LAWS  CONSISTENT
   35  WITH  THIS  ARTICLE RELATING TO CRIMINAL STREET GANG ENTERPRISE ACTIVITY
   36  AND CRIMINAL STREET GANG ENTERPRISE VIOLENCE. WHERE LOCAL LAWS DUPLICATE
   37  OR SUPPLEMENT THIS ARTICLE, THE PROVISIONS  OF  THIS  ARTICLE  SHALL  BE
   38  CONSTRUED  AS  PROVIDING ALTERNATIVE REMEDIES AND NOT AS PREEMPTING SUCH
   39  LOCAL LAWS.
   40    S 2. Section 1310 of the civil practice law and rules  is  amended  by
   41  adding three new subdivisions 15, 16 and 17 to read as follows:
   42    15. "CRIMINAL STREET GANG ENTERPRISE" MEANS A GROUP OF PERSONS SHARING
   43  A  COMMON  PURPOSE  OF  ENGAGING  IN  CRIMINAL CONDUCT, ASSOCIATED IN AN
   44  ASCERTAINABLE STRUCTURE DISTINCT FROM A PATTERN OF STREET GANG  CRIMINAL
   45  ACTIVITY,  AND  WITH  A  CONTINUITY OF EXISTENCE, STRUCTURE AND CRIMINAL
   46  PURPOSE BEYOND THE SCOPE OF INDIVIDUAL CRIMINAL ACTS.
   47    16. "PATTERN OF STREET GANG CRIMINAL ACTIVITY" MEANS  CONDUCT  ENGAGED
   48  IN  BY PERSONS CHARGED IN A CRIMINAL STREET GANG ENTERPRISE CONSTITUTING
   49  THREE OR MORE CRIMINAL ACTS THAT:
   50    (A) WERE COMMITTED WITHIN TEN YEARS OF THE COMMENCEMENT OF THE  CRIMI-
   51  NAL ACTION;
   52    (B)  ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED AND
   53  CONNECTED IN POINT OF TIME OR CIRCUMSTANCES OF COMMISSION AS TO  CONSTI-
   54  TUTE  A  CRIMINAL  OFFENSE  OR  CRIMINAL TRANSACTION, AS THOSE TERMS ARE
   55  DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
       A. 3940                             5
    1    (C) ARE EITHER: (I) RELATED TO ONE ANOTHER THROUGH A COMMON SCHEME  OR
    2  PLAN  OR (II) WERE COMMITTED, SOLICITED, REQUESTED, IMPORTUNED OR INTEN-
    3  TIONALLY AIDED BY PERSONS ACTING WITH THE  MENTAL  CULPABILITY  REQUIRED
    4  FOR THE COMMISSION THEREOF AND ASSOCIATED WITH OR IN THE CRIMINAL STREET
    5  GANG ENTERPRISE.
    6    17.  "CRIMINAL STREET GANG ACTIVITY" MEANS THE COMMISSION OR ATTEMPTED
    7  COMMISSION OF, OR SOLICITATION OR CONSPIRACY TO COMMIT,  THREE  OR  MORE
    8  CRIMINAL ACTS THAT:
    9    (A) WERE COMMITTED ON SEPARATE OCCASIONS WITHIN A FIVE YEAR PERIOD;
   10    (B)  ARE  NEITHER  ISOLATED  INCIDENTS,  NOR  SO  CLOSELY  RELATED AND
   11  CONNECTED IN POINT OF TIME OR CIRCUMSTANCE OF COMMISSION AS  TO  CONSTI-
   12  TUTE  A  CRIMINAL  OFFENSE  OR  CRIMINAL  TRANSACTION, AS SUCH TERMS ARE
   13  DEFINED IN SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW; AND
   14    (C) FURTHER A CRIMINAL STREET GANG ENTERPRISE BY: (I) BEING RELATED TO
   15  ONE ANOTHER THROUGH A COMMON SCHEME OR PLAN; OR (II) HAVING BEEN COMMIT-
   16  TED, SOLICITED, REQUESTED, IMPORTUNED OR INTENTIONALLY AIDED BY  PERSONS
   17  ACTING  WITH  THE MENTAL CULPABILITY REQUIRED FOR THE COMMISSION OF SUCH
   18  CRIMINAL ACTS AND SUCH PERSON IS A MEMBER OF SUCH CRIMINAL  STREET  GANG
   19  ENTERPRISE.
   20    S 3. Paragraph (h) of subdivision 2 of section 1349 of the civil prac-
   21  tice  law  and  rules,  as  added by chapter 655 of the laws of 1990, is
   22  amended to read as follows:
   23    (h) [All] EXCEPT WITH RESPECT TO A CIRCUMSTANCE TO WHICH PARAGRAPH (I)
   24  OF THIS SUBDIVISION APPLIES, ALL moneys  remaining  after  distributions
   25  pursuant  to  paragraphs  (a)  through  (g) of this subdivision shall be
   26  distributed as follows:
   27    (i) seventy-five percent of such moneys shall be deposited  to  a  law
   28  enforcement  purposes  subaccount of the general fund of the state where
   29  the claiming agent is an agency of the state or the  political  subdivi-
   30  sion  or  public  authority of which the claiming agent is a part, to be
   31  used for law enforcement use in the investigation of penal law offenses;
   32    (ii) the remaining twenty-five percent of such moneys shall be  depos-
   33  ited  to  a  prosecution  services subaccount of the general fund of the
   34  state where the claiming authority is the attorney general or the  poli-
   35  tical  subdivision of which the claiming authority is a part, to be used
   36  for the prosecution of penal law offenses.
   37    Where multiple claiming agents participated in the forfeiture  action,
   38  funds  available pursuant to subparagraph (i) of this paragraph shall be
   39  disbursed to the appropriate law  enforcement  purposes  subaccounts  in
   40  accordance  with the terms of a written agreement reflecting the partic-
   41  ipation of each claiming agent entered into by the participating  claim-
   42  ing agents.
   43    S 4. Subdivision 2 of section 1349 of the civil practice law and rules
   44  is amended by adding a new paragraph (i) to read as follows:
   45    (I)  IF THE DEFENDANT AGAINST WHOM A FORFEITURE ACTION IS COMMENCED IS
   46  CONVICTED OF A CRIMINAL STREET GANG ENTERPRISE OFFENSE DEFINED IN  ARTI-
   47  CLE  TWO  HUNDRED  EIGHTY  OF  THE PENAL LAW, ALL MONEYS REMAINING AFTER
   48  DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION
   49  SHALL BE DISTRIBUTED AS FOLLOWS:
   50    (1) SEVENTY-FIVE PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A  SEPA-
   51  RATE  ACCOUNT  OF  THE  SCHOOL  DISTRICT WHEREIN SUCH DEFENDANT RESIDES,
   52  WHICH THE SUPERINTENDENT  OF  SUCH  DISTRICT  SHALL  ESTABLISH  FOR  THE
   53  RECEIPT  OF  ALL  SUCH  MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY THE
   54  SUPERINTENDENT  EXCLUSIVELY  TO  DEVELOP,  IMPLEMENT   AND/OR   MAINTAIN
   55  INSTRUCTIONAL  PROGRAMS DESIGNED TO DETER OR PREVENT YOUTHS FROM ASSOCI-
   56  ATING WITH OR BECOMING MEMBERS  OF  CRIMINAL  STREET  GANG  ENTERPRISES,
       A. 3940                             6
    1  INCLUDING  BUT  NOT  LIMITED TO, (A) AFTER-SCHOOL SPORTS OR RECREATIONAL
    2  PROGRAMS, AND/OR (B) AFTER-SCHOOL SCHOLASTIC OR ACADEMIC PROGRAMS;
    3    (2)  FIFTEEN  PERCENT  OF  SUCH  MONEYS  SHALL  BE  DEPOSITED TO A LAW
    4  ENFORCEMENT PURPOSES SUBACCOUNT OF THE GENERAL FUND OF THE  STATE  WHERE
    5  THE  CLAIMING  AGENT IS AN AGENCY OF THE STATE OR THE POLITICAL SUBDIVI-
    6  SION OR PUBLIC AUTHORITY OF WHICH THE CLAIMING AGENT IS A  PART,  TO  BE
    7  USED FOR LAW ENFORCEMENT USE IN THE INVESTIGATION OF PENAL LAW OFFENSES;
    8  AND
    9    (3)  THE  REMAINING TEN PERCENT OF SUCH MONEYS SHALL BE DEPOSITED TO A
   10  PROSECUTION SERVICES SUBACCOUNT OF THE GENERAL FUND OF THE  STATE  WHERE
   11  THE CLAIMING AUTHORITY IS THE ATTORNEY GENERAL OR THE POLITICAL SUBDIVI-
   12  SION OF WHICH THE CLAIMING AUTHORITY IS A PART, TO BE USED FOR THE PROS-
   13  ECUTION OF PENAL LAW OFFENSES.
   14    WHERE  MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE FORFEITURE ACTION,
   15  FUNDS AVAILABLE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL  BE
   16  DISBURSED  TO  THE  APPROPRIATE  LAW ENFORCEMENT PURPOSES SUBACCOUNTS IN
   17  ACCORDANCE WITH THE TERMS OF A WRITTEN AGREEMENT REFLECTING THE  PARTIC-
   18  IPATION  OF EACH CLAIMING AGENT ENTERED INTO BY THE PARTICIPATING CLAIM-
   19  ING AGENTS.
   20    S 5. Severability. If any provision of this act,  or  the  application
   21  thereof to any person or circumstance, shall be adjudged by any court of
   22  competent  jurisdiction to be invalid or unconstitutional, such judgment
   23  shall not affect, impair or invalidate the remainder thereof, but  shall
   24  be  confined  in  its  operation to the provision of this act, or in its
   25  application to the person or  circumstance,  directly  involved  in  the
   26  controversy in which such judgment shall have been rendered.
   27    S 6. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.