When it is determined, by a state or local law-enforcement agency, regional jail, the Department of Corrections, the Department of Juvenile Justice, or a regional multijurisdictional law-enforcement task force, that a person is a member 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 a law-enforcement officer that a person frequents a known gang area, associates with known gang members and demonstrates gang style of dress, tattoos, hand signals, or symbols; or (iii) being arrested on more than one occasion with known gang members for offenses consistent with gang activities, the agency shall enter the person's name and other appropriate gang-related information required by the Department of State Police into the information system known as the Organized Criminal Gang File of the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of this title, and the Violent Criminal Gang File of the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation. The entry shall be made as soon as practicable after determining that a person is a member of an organized criminal gang. All records 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.
Structure Code of Virginia
Chapter 1 - Department of State Police
§ 52-2. Appointment of Superintendent and term of office
§ 52-3. Oath, bond, and salary of Superintendent
§ 52-4. Functions of Department
§ 52-4.3. Drug Investigation Special Trust Account
§ 52-6. Appointment of additional police officers
§ 52-6.1. Appointment of supervisory officers
§ 52-7. Bonds of police officers; liability insurance policies
§ 52-8. Powers and duties to enforce criminal laws and investigate aircraft accidents
§ 52-8.1. Powers and duties of Bureau of Criminal Investigation
§ 52-8.1:1. Powers and duties of a drug law enforcement and investigation division
§ 52-8.2. Certain investigations of elected officials; immunity for witnesses
§ 52-8.3. Disclosure of criminal investigative records and reports; penalty
§ 52-8.4. Powers and duties to promulgate regulations; inspection of certain records
§ 52-8.4:1. Regulations for firearms shows
§ 52-8.4:2. Certain offenses to be considered traffic infractions
§ 52-8.5. Reporting hate crimes
§ 52-8.6. Criminal street gang reporting
§ 52-9.1. Distinctive uniform to be adopted for State police officers
§ 52-9.1:1. Retired and former law-enforcement officers; retention of badge
§ 52-9.2. Wearing of same or similar uniforms by other persons
§ 52-11. Defense of police officers
§ 52-11.1. State Health Commissioner to cooperate
§ 52-11.3. Acquisition of military property
§ 52-11.5. Disposal of unclaimed firearms or other weapons in possession of the State Police