The Real Cost of Prisons Weblog

Mon, Apr 2, 2007

Lawmakers and law enforcers alike teamed up last week to promote a new set of bills to stop gang activities in New York state schools, however, due to a 2005 U.S. Supreme Court ruling, language in the bills needs to be amended.

A state-commissioned report indicates there has been an increase in gang violence in New York schools, and so far, there has been no legislation enacted in response to the report.

Local, federal and state law enforcement agencies, former gang members, clergy and school officials were joined by Assemblymen Peter M. Rivera and José Peralta outside the New York City Department of Education headquarters to discuss the issue and announce legislation and other measures to deal with the growing problem of school-related gang recruitment and violence.

“We are here to say that if you are evil enough to threaten the life of a child, if you are evil enough to interfere with their education, and if you are evil enough to place in danger the future of our communities, you ought to be punished in a very special way,” said Rivera, D-Bronx, chairman of the Assembly’s Puerto Rican/ Hispanic Task Force.

“Gang Free School Zones,” as the plan has been designated, would amend New York State penal law and increase the penalties for engaging in gang activity on school grounds.

But the bills need to be amended to include a definition of what constitutes gang membership because the U.S. Supreme Court ruled that language in some anti-gang bills was too vague, according to Guillermo Martinez, legislative director for Rivera. The Supreme Court determined that under freedom of association, gang membership must be specifically defined in all legislation, said Martinez.

Under the new language that is to be added to the bill, gang membership will be defined as a group of three or more people forming a formal or informal alliance, network or arrangement who use common identifying signs, symbols, tattoos, physical markings or a common dress code, and who conduct in or engage in criminal activity.

For example, in one school district gang members wear Chicago Bulls jerseys to identify themselves.

However, critics of the bills say common identifying clothing is not always indicative of gang membership.

“If you like the Bulls, wear Bulls jerseys on the weekend,” said Martinez. “The needs of the many outweigh the needs of the few.”

The bills would make recruitment on school grounds punishable by three to seven years in prison and would require the posting of “gang free school zone” signs around more than 6,400 schools throughout New York state.

Peralta, D-Jackson Heights, said he is frustrated with the lack of action by the state Legislature, especially regarding the bills that have gained support among local law enforcement agencies and civic and religious leaders.

“The commission studied this problem for over a year and their recommendations released in May 2006 need to be taken serious and acted on with uninhibited diligence in order to provide New Yorkers with the mechanisms needed to protect them from gang violence,” Peralta said.

Peralta is sponsoring several bills, including A.1627, which would prohibit the wearing of gang-related apparel, markings or symbols; A.1682, which would establish criminal offenses for gang activity, such as making it a Class D felony to recruit minors; and A.1722, which would use a percentage of confiscated proceeds from gang members to pay for programs to deter youths from entering gangs.

Rivera, a former police officer, federal Drug Enforcement Administration agent and assistant district attorney, is also sponsoring legislation, such as bill A.1687, which would add an additional determinate sentence of imprisonment for the commission of a felony as part of gang activity. A determinate sentence between two and five years would be served in addition to any other sentence imposed for the conviction of an underlying felony and would be served consecutively with any other sentence of imprisonment. In a violent felony, or a Class A felony, the determinate sentence would be 10 years.

In addition, bill A.1688 would create the crime of engaging in criminal street gang activity and levy a $1,000 fine for such an offense.

Rivera also proposed bill A.3831, which would authorize public schools to enforce a uniform requirement for students in grades one through 12 in an effort to eliminate wealth distinctions, gang apparel and improve learning the environment for students.

http://www.legislativegazette.com/read_more.php?story=2228