(A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article.
(B) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database.
(C) The State Law Enforcement Division may determine if information relating to criminal gangs, gang-related incidents, patterns of gang activity, or members or associates of criminal gangs received from federal law enforcement agencies and law enforcement agencies of other states is to be included in the database.
(D) Criminal information relating to a criminal gang and collected pursuant to this article must be consistent with the criteria required on the effective date of this act by the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center. The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1:
(1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and affirmatively approved by the General Assembly;
(2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act, which are to be affirmatively approved by the General Assembly, and to amend those regulations to reflect changes made in the criteria; and
(3) to promulgate permanent regulations concerning the punishment associated with intentional misuse of the database.
(E) Information relating to a person who does not have a criminal arrest record and is not a member of a criminal gang must be used only for intelligence, investigative, and tracking purposes.
(F) The information contained in this database is not subject to the provisions of the Freedom of Information Act.
HISTORY: 2007 Act No. 82, Section 5, eff June 12, 2007.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Promoting Civil Disorder
Section 16-8-20. Teaching or demonstrating use of or making of destructive device; penalties.
Section 16-8-210. Citation of article.
Section 16-8-230. Definitions.
Section 16-8-240. Use of or threat of physical violence by criminal gang member; penalties.
Section 16-8-260. Seizure of firearms, ammunition, electronic records, or money; forfeiture actions.
Section 16-8-280. Identity of informant exempt from disclosure.
Section 16-8-290. Notification of police or sheriff of release of criminal gang member from prison.
Section 16-8-310. Local ordinances.
Section 16-8-320. Access to and maintenance of records of criminal gang activity.
Section 16-8-330. Development and management of statewide criminal gang database.
Section 16-8-340. Community anti-gang matching grants program.