S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5693
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of  A. CURRAN, CASTORINA, FINCH, RAIA, GIGLIO, GRAF,
   HARRIS -- Multi-Sponsored by -- M. of  A.  HAWLEY  --  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 233 to
 read as follows:
   §  233. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08546-01-7
              

 A. 5693                             2
 
 GANGS, OR THE CHANGE OF A NAME OR OTHER IDENTIFYING INFORMATION, SIGN OR
 SYMBOL OF AN EXISTING ORGANIZED CRIMINAL STREET GANG;
   (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.
   §  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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.