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A06636 Text:

                STATE OF NEW YORK
                               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.

        A. 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.
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