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STATE OF NEW YORK ________________________________________________________________________ 6636 2011-2012 Regular Sessions IN ASSEMBLY March 23, 2011 ___________ Introduced by M. of A. CURRAN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to establishing a state- wide gang database The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 231 to 2 read as follows: 3 § 231. Statewide gang database. 1. The superintendent of the division 4 of state police is hereby authorized to develop and maintain a statewide 5 gang database consisting of identification information pertaining to 6 gang members. For the purpose of this section, "gang member" or "crimi- 7 nal street gang member" shall mean an individual who is a member of a 8 formal or informal group, club, organization, or association of three or 9 more individuals who participate, or agree to participate, in criminal 10 activity. 11 2. In developing and maintaining the statewide gang database estab- 12 lished pursuant to subdivision one of this section, the superintendent 13 of the division of state police shall: 14 (a) create a uniform reporting format for the entry of pertinent 15 information regarding the report of an arrested criminal street gang 16 member or organized gang affiliates into the statewide gang database; 17 (b) notify all state and local law enforcement agencies that reports 18 of arrested criminal street gang members or organized gang affiliates 19 shall be entered into the statewide gang database as soon as the minimum 20 level of data, to be specified by such superintendent, is available to 21 the reporting agency; 22 (c) develop and implement a policy for notifying state and local law 23 enforcement agencies of the emergence of new organized criminal street 24 gangs, or the change of a name or other identifying information, sign or 25 symbol of an existing organized criminal street gang; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08515-01-1A. 6636 2 1 (d) compile and retain information regarding organized criminal street 2 gangs and their members and affiliates, in a manner that allows the 3 information to be used by state and local law enforcement agencies, and 4 other state agencies, as deemed appropriate by the superintendent of the 5 division of state police, for investigative purposes; 6 (e) compile and maintain a history data repository relating to organ- 7 ized criminal street gangs and their members and affiliates in order to 8 develop and improve techniques utilized by law enforcement agencies and 9 prosecutors in the investigation, apprehension, and prosecution of 10 members and affiliates of organized gangs; 11 (f) create a quality control program regarding confirmation of organ- 12 ized criminal street gang membership and organized gang affiliation 13 data, timeliness and accuracy of information entered into the statewide 14 gang database and performance audits of all agencies entering informa- 15 tion; 16 (g) determine which law enforcement agencies may benefit from access 17 to the statewide gang database, and notify them of its existence; and 18 (h) cooperate with all law enforcement agencies wishing to gain access 19 to the statewide gang database, and facilitate their entry into and 20 continued access to the database system. 21 § 2. Severability. If any provision of this act, or the application 22 thereof to any person or circumstance, shall be adjudged by any court of 23 competent jurisdiction to be invalid or unconstitutional, such judgment 24 shall not affect, impair or invalidate the remainder thereof, but shall 25 be confined in its operation to the provision of this act, or in its 26 application to the person or circumstance, directly involved in the 27 controversy in which such judgment shall have been rendered. 28 § 3. This act shall take effect on the first of November next succeed- 29 ing the date on which it shall have become a law.