S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6262

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by  M.  of A. BARRA, ERRIGO -- 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:

  Section 1. The executive law is amended by adding a new section 231 to
read as follows:
  S 231. STATEWIDE GANG DATABASE. 1. THE SUPERINTENDENT OF THE  DIVISION
OF STATE POLICE IS HEREBY AUTHORIZED TO DEVELOP AND MAINTAIN A STATEWIDE
GANG  DATABASE  CONSISTING  OF  IDENTIFICATION INFORMATION PERTAINING TO
GANG MEMBERS. FOR THE PURPOSE OF THIS SECTION, "GANG MEMBER" OR  "CRIMI-
NAL  STREET  GANG  MEMBER" SHALL MEAN AN INDIVIDUAL WHO IS A MEMBER OF A
FORMAL OR INFORMAL GROUP, CLUB, ORGANIZATION, OR ASSOCIATION OF THREE OR
MORE INDIVIDUALS WHO PARTICIPATE, OR AGREE TO PARTICIPATE,  IN  CRIMINAL
ACTIVITY.
  2.  IN  DEVELOPING  AND MAINTAINING THE STATEWIDE GANG DATABASE ESTAB-
LISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THE  SUPERINTENDENT
OF THE DIVISION OF STATE POLICE SHALL:
  (A)  CREATE  A  UNIFORM  REPORTING  FORMAT  FOR THE ENTRY OF PERTINENT
INFORMATION REGARDING THE REPORT OF AN  ARRESTED  CRIMINAL  STREET  GANG
MEMBER OR ORGANIZED GANG AFFILIATES INTO THE STATEWIDE GANG DATABASE;
  (B)  NOTIFY  ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT REPORTS
OF ARRESTED CRIMINAL STREET GANG MEMBERS OR  ORGANIZED  GANG  AFFILIATES
SHALL BE ENTERED INTO THE STATEWIDE GANG DATABASE AS SOON AS THE MINIMUM
LEVEL  OF  DATA, TO BE SPECIFIED BY SUCH SUPERINTENDENT, IS AVAILABLE TO
THE REPORTING AGENCY;
  (C) DEVELOP AND IMPLEMENT A POLICY FOR NOTIFYING STATE AND  LOCAL  LAW
ENFORCEMENT  AGENCIES  OF THE EMERGENCE OF NEW ORGANIZED CRIMINAL STREET
GANGS, OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION, SIGN OR
SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07269-01-9
              

A. 6262                             2

  (D) COMPILE AND RETAIN INFORMATION REGARDING ORGANIZED CRIMINAL STREET
GANGS AND THEIR MEMBERS AND AFFILIATES, IN  A  MANNER  THAT  ALLOWS  THE
INFORMATION  TO BE USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND
OTHER STATE AGENCIES, AS DEEMED APPROPRIATE BY THE SUPERINTENDENT OF THE
DIVISION OF STATE POLICE, FOR INVESTIGATIVE PURPOSES;
  (E)  COMPILE AND MAINTAIN A HISTORY DATA REPOSITORY RELATING TO ORGAN-
IZED CRIMINAL STREET GANGS AND THEIR MEMBERS AND AFFILIATES IN ORDER  TO
DEVELOP  AND IMPROVE TECHNIQUES UTILIZED BY LAW ENFORCEMENT AGENCIES AND
PROSECUTORS IN  THE  INVESTIGATION,  APPREHENSION,  AND  PROSECUTION  OF
MEMBERS AND AFFILIATES OF ORGANIZED GANGS;
  (F)  CREATE A QUALITY CONTROL PROGRAM REGARDING CONFIRMATION OF ORGAN-
IZED CRIMINAL STREET GANG  MEMBERSHIP  AND  ORGANIZED  GANG  AFFILIATION
DATA,  TIMELINESS AND ACCURACY OF INFORMATION ENTERED INTO THE STATEWIDE
GANG DATABASE AND PERFORMANCE AUDITS OF ALL AGENCIES  ENTERING  INFORMA-
TION;
  (G)  DETERMINE  WHICH LAW ENFORCEMENT AGENCIES MAY BENEFIT FROM ACCESS
TO THE STATEWIDE GANG DATABASE, AND NOTIFY THEM OF ITS EXISTENCE; AND
  (H) COOPERATE WITH ALL LAW ENFORCEMENT AGENCIES WISHING TO GAIN ACCESS
TO THE STATEWIDE GANG DATABASE, AND  FACILITATE  THEIR  ENTRY  INTO  AND
CONTINUED ACCESS TO THE DATABASE SYSTEM.
  S  2.  Severability.  If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such  judgment
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.