March 3, 2007
To All Motorcyclists:
New York Freedom Riders R.A.C.E., Riders Against Constitutional Erosion, is an organization dedicated to protecting and restoring personal freedoms, liberties, and individual rights. Our members also monitor current legislation being introduced into the New York State Assembly and Senate to insure our rights are not being taken away. We have found a bill that we feel is discriminating and can jeopardize your right as an individual and is the reason why we are contacting you.
Assembly bill A04755 and Senate bill S01739 states: Authorizes the superintendent of state police to establish and maintain a statewide gang database consisting of information pertaining to criminal street gang members in order to assist state and local law enforcement agencies in the apprehension and prosecution of such criminal street gang members.
The reason given for these bills to be written are as follows: “Gang members are always looking to expand their gang's membership or turf. This
legislation would allow the State police to establish a database for all law enforcement agencies in New York State to use in fighting gangs.
Many gangs send members from one area to another to recruit members, sell/buy guns, drugs or other stolen property where their members are
not well known. This would create one source for law enforcement agencies to check when they arrest or suspect new individual(s) in their area
of committing gang-related crimes.”
In these bills it classifies “gang” as 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. It also states the database will contain information on individuals who affiliate with the person who has been arrested and the statewide database will be used for investigations, apprehensions, and prosecution of individuals. We feel New York State does not have the right to compile files and prosecute individuals on what others have done. “Guilt by association” should never be used as a legal excuse to prosecute.
We have enclosed the current bill for you to review. New York Freedom Riders will be monitoring this bill and we will inform you of any developments that may occur. If you have any questions pertaining to this bill or any bills that you feel take away your rights, please contact us at: nyfreedomriders@localnet.com or visit our website at: www.newyorkfreedomriders.com.
Thank you,
Bill Cox, President
New York Freedom Riders
2007-2008 Regular Sessions
I N A S S E M B L Y
February 6, 2007
___________
Introduced by M. of A. BARRA -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a statewide 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 S 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.
LBD06614-01-7
A. 4755 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 S 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 S 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.