2010

L.L. 2010/001

Enactment date: 3/2/2010

Int. No. 1

By Council Members Arroyo, Vallone, Recchia, the Speaker (Council Member Quinn), Foster, Gonzalez, Koppell, Koslowitz, Nelson, Palma, Rivera, Crowley, White, Gennaro, Reyna and Van Bramer

A Local Law to amend the administrative code of the city of New York, in relation to criminal street gang initiation activity.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds and declares that gang activity is capable of destroying lives and communities and should be deterred using all lawful means. The Council furthermore finds that initiation activities for gangs cause multiple harms. Such activities often cause the aspiring gang members to commit disruptive and potentially dangerous acts in the community. Additionally, when community members believe such activities are imminent, witness initiation activities, or experience random acts of disruption and violence through such activities, a sense of fear and foreboding permeates the community.

A recent federal study found that gang activity is prevalent in large urban centers and the Council finds that New York City, where gang activity is an on-going problem, is no exception. In recent years gang initiation has resulted in physical injury to innocent bystanders, the disruption of local businesses, and the spread of fear throughout local communities. The Council finds that the person being initiated is as culpable in these activities as the person leading the initiation. For all of these reasons, it is the finding and intent of the Council that such activity must be deterred in New York City by ensuring that such conduct be punishable as an A misdemeanor and that such penalty apply to all parties to unlawful initiation activity.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment into law.