§ 24-33.5-415.3 — Information on gangs - legislative declaration

Colorado § 24-33.5-415.3

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) The
general assembly hereby finds and declares that:

(a) The proliferation of gangs and gang-related crimes is no longer merely a
matter facing urban communities, and has become a matter of statewide concern;

(b) Gang activity involves a multitude of crimes, and illegal drug use and
drug-trafficking constitute common factors associated with all gang-related
activities and in the continuing pattern of gang-related violence;

(c) While the primary responsibility for law enforcement rests with local
police and sheriffs' departments, drugs and drug-related crimes and gang-related
criminal activity resulting therefrom have placed an overwhelming burden on the
existing resources of all law enforcement agencies, especially rural departments.
Therefore, the state has an obligation to make additional support available to local
law enforcement through increased assistance in the investigation of narcotics and
dangerous drug law violations; expanded training of local officers to improve their
ability to interdict the sale and use of drugs in their communities; increased ability
to assist in seizing moneys and properties utilized in drug transactions; improved
forensic laboratory capability for the quantification and qualitative analysis of
narcotics and dangerous drugs; and enhanced capability to collect, analyze, and
disseminate information on drug and gang-related criminal activity.

(d) In order to contain the spread of gang violence, the development of a
computerized data base tracking system is necessary to improve the consistency of
data shared by the different law enforcement and judicial elements of the criminal
justice system, both within the state and among various states confronted with
similar gang violence.

(2) For the purposes of this section, unless the context otherwise requires,
gang means a group of three or more individuals with a common interest, bond, or
activity characterized by criminal or delinquent conduct.

(3) To aid in the identification and location of gangs and gang members and
to prevent recruitment of new gang members from both the population in general
and persons in the custody of the department of corrections and the department of
human services, the Colorado bureau of investigation shall develop and maintain a
computerized database system which tracks the whereabouts of identified gang
members. Such database shall be compiled from reports submitted to the bureau
pursuant to section 16-21-103, C.R.S. Such information shall include the following:

(a) The person's name, along with any aliases;

(b) The person's last-known address;

(c) The person's date of birth;

(d) The date of any arrest and the arrest numbers, the investigating agency's
case number, the final disposition of any criminal case filed with a court, and the
court number;

(e) Any information relevant to the person's association or affiliation with a
gang or with gang activities.

(4) The bureau shall make every reasonable effort to locate and cooperate
with other such databases in the United States in order to track gangs and gang
members involved in interstate activities.

Legislative History

Source: L. 89: Entire section added, p. 873, � 4, effective June 5. L. 94: IP(3) amended, p. 2695, � 236, effective July 1. L. 95: IP(3) amended, p. 949, � 7, effective July 1.