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2006 SESSION

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SB 561 Gang information; juvenile records.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Gang information; juvenile records.  Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as criminal gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also provides that the information may be provided to a criminal justice agency that is conducting research. This bill is identical to HB 847.  This bill incorporates SB 151 and SB 351.

SUMMARY AS PASSED SENATE:

Gang information; juvenile records.  Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. An attorney for the Commonwealth may request an affidavit signed by the custodian of the records that a person on the list has been identified as a member of a criminal gang and the affidavit can be admitted into evidence in any court proceeding as prima facie evidence of the individual's gang membership. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also says that the court order may be granted if the person, agency, or institution has a legitimate interest in the juvenile. Under current law the interest is limited to the case or in the work of the court. The bill also allows the Department of Juvenile Justice to release the social reports and records of a child to certain law enforcement employees for the purpose of investigating criminal street gang activity. This bill incorporates SB 151 and SB 351.

SUMMARY AS INTRODUCED:

Gang information; juvenile records.  Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. An attorney for the Commonwealth may request an affidavit signed by the custodian of the records that a person on the list has been identified as a member of a criminal gang and the affidavit can be admitted into evidence in any court proceeding as prima facie evidence of the individual's gang membership. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also says that the court order may be granted if the person, agency, or institution has a legitimate interest in the juvenile. Under current law the interest is limited to the case or in the work of the court.