S T A T E   O F   N E W   Y O R K
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                                  8308

                            I N  S E N A T E

                              June 22, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation to  establishing  a  gang
  assessment, intervention, prevention and suppression program

  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  837-s
to read as follows:
  S  837-S.  GANG  ASSESSMENT,  INTERVENTION, PREVENTION AND SUPPRESSION
PROGRAM. 1. THERE IS HEREBY CREATED WITHIN THE DIVISION A  GANG  ASSESS-
MENT,  INTERVENTION,  PREVENTION  AND SUPPRESSION PROGRAM TO BE ADMINIS-
TERED BY THE COMMISSIONER TO DISTRIBUTE FUNDS  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION FOR THE PURPOSE OF ELIMINATING THE SCOURGE OF
GANG RELATED CRIMINAL ACTIVITY IN NEW YORK STATE.
  2.  THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, IN COOPERATION
WITH ALL LOCAL, STATE AND FEDERAL LAW  ENFORCEMENT  PERSONNEL,  AND  THE
DISTRICT  ATTORNEYS  IN  NEW  YORK  STATE, SHALL DEVELOP AND IMPLEMENT A
STRATEGY FOR THE SUPPRESSION OF  GANG  RELATED  CRIMINAL  ACTIVITY.  THE
STRATEGY SHALL INCLUDE, BUT NOT BE LIMITED TO, IDENTIFYING AND PROSECUT-
ING  THE  CORE  LEADERSHIP OF CRIMINAL STREET GANGS WHO MAY BE VIOLATING
FEDERAL, STATE OR LOCAL LAWS,  AND  COOPERATING  WITH  ALL  FEDERAL  LAW
ENFORCEMENT  AGENCIES  AND  APPROPRIATE  PROSECUTORIAL  AGENCIES AND LAW
ENFORCEMENT AGENCIES IN OTHER STATES IN THE INVESTIGATION  AND  ENFORCE-
MENT  OF  OUR PENAL LAWS. DISTRICT ATTORNEYS ARE AUTHORIZED AND DIRECTED
TO ENTER INTO COLLABORATIVE  AGREEMENTS  WITH  PROSECUTORIAL  AND  OTHER
GOVERNMENTAL  AGENCIES  AND  ENTITIES IN SUPPLIER STATES IN AN EFFORT TO
STOP GANG RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE.
  3. THE  COMMISSIONER  SHALL  AWARD  GRANT  MONIES,  AS  AVAILABLE,  TO
DISTRICT  ATTORNEYS  FOR  PROGRAMS  WHICH  ARE  DESIGNATED  TO STOP GANG
RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE. TO QUALIFY FOR SUCH GRANT
MONIES, A DISTRICT ATTORNEY MUST SUBMIT AN APPLICATION  TO  THE  COMMIS-
SIONER  IN  ACCORDANCE  WITH  GUIDELINES PRESCRIBED BY THE DIVISION. THE
APPLICATION SHALL AT A MINIMUM:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17001-01-0
              

S. 8308                             2

  (A) INCLUDE AN ASSESSMENT OF GANG RELATED CRIMINAL ACTIVITIES  IN  THE
TARGETED AREA;
  (B)  OFFER A PLAN FOR STATE INTERVENTION AND PREVENTION OF SUCH ACTIV-
ITIES; AND
  (C) PREVIEW A COORDINATED LAW ENFORCEMENT STRATEGY FOR SUPPRESSION  OF
GANG  RELATED  ILLEGALITIES WITHIN THE AFFECTED COMMUNITY. FUNDS AWARDED
UNDER THIS SECTION MAY BE USED TO SUPPLEMENT  FEDERAL,  STATE  OR  LOCAL
FUNDS.
  4.  THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ESTABLISH
AND MAINTAIN WITHIN THE DIVISION  A  GANG  CLEARINGHOUSE  AS  A  CENTRAL
REPOSITORY  OF  INFORMATION,  COMING INTO THE POSSESSION OF ANY STATE OR
LOCAL LAW ENFORCEMENT ENTITY, REGARDING ALL CRIMINAL GANGS FOUND  TO  BE
OPERATING  WITHIN  NEW YORK STATE. THE SUPERINTENDENT OF THE DIVISION OF
STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING  REPORT-
ING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES, INCLUD-
ING THE FORM FOR REPORTING SUCH INFORMATION.
  S 2. This act shall take effect immediately.