52-8.6 - Criminal street gang reporting. - Virginia Statutes

§ 52-8.6. Criminal street gang reporting.

When it is determined, by a state or local law-enforcement agency, regionaljail, the Department of Corrections, the Department of Juvenile Justice, or aregional multijurisdictional law-enforcement task force, that a person is amember of a criminal street gang, as defined in § 18.2-46.1 by means of (i)an admission of membership in a gang; (ii) an observation by alaw-enforcement officer that a person frequents a known gang area, associateswith known gang members and demonstrates gang style of dress, tattoos, handsignals, or symbols; or (iii) being arrested on more than one occasion withknown gang members for offenses consistent with gang activities, the agencyshall enter the person's name and other appropriate gang-related informationrequired by the Department of State Police into the information system knownas the Organized Criminal Gang File of the Virginia Criminal InformationNetwork (VCIN), established and maintained by the Department pursuant toChapter 2 (§ 52-12 et seq.) of this title, and the Violent Criminal Gang Fileof the National Crime Information Center (NCIC), maintained by the FederalBureau of Investigation. The entry shall be made as soon as practicable afterdetermining that a person is a member of an organized criminal gang. Allrecords contained in these information systems shall be entered, retained,and validated in accordance with established VCIN and NCIC policies.

(2005, c. 843; 2010, cc. 367, 472.)