BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 282|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 282
Author: Wright (D)
Amended: 5/5/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 4/28/09
AYES: Leno, Hancock, Steinberg, Wright
NOES: Benoit, Huff
NO VOTE RECORDED: Cedillo
SUBJECT : Gangs: injunction: duration and renewal
SOURCE : Author
DIGEST : This bill (1) provides that a gang injunction,
unless renewed, shall expire five years after it is
imposed, (2) allows the prosecutor, within three months of
the expiration of the injunction, to apply for its renewal
through a certification that a person subject to the
injunction has violated the injunction or committed a new
crime, and (3) provides that the court, after hearing, may
extend the injunction for five years against the person who
is the subject of the extension proceeding, as specified.
ANALYSIS : Existing law provides for injunctive relief
from the unlawful activities of criminal street gangs, the
duration of which is within the court's
discretion. Existing law provides for injunctive relief
from a person who engages in harassment, as specified, of a
duration of not more than three years, and provides that,
CONTINUED
SB 282
Page
2
at any time within the three months before the expiration
of the injunction prohibiting harassment, the plaintiff may
apply for a renewal of that injunction by filing a new
petition.
Existing law provides that the facts establishing a gang
nuisance, and thus the facts authorizing a gang injunction,
must be proved by clear and convincing evidence. ( People
v. Englebrecht (2001) 88 Cal.App.4th 1236)
Existing law provides that damages for a gang nuisance
"shall be paid by or collected from assets of the criminal
street gang or its members." However, "only members of the
criminal street gang who created, maintained or contributed
to the creation or maintenance of the nuisance shall be
personally liable to payment of the damages awarded."
(Section 186.22a, subd. (c) of the Penal Code)
This bill provides that a gang nuisance injunction issued
pursuant to Section 186.22a of the Penal Code may last no
longer than five years.
This bill provides that at any time within three months
before the expiration of an injunction issued pursuant to
Section 186.22a of the Penal Code or Section 3799 or 3480
of the Civil Code enjoining criminal street gang activity
as a nuisance against an individual, the Attorney General
or prosecuting city attorney may apply for a renewal of the
injunction by filing a certification that a court has
determined that an individual subject to injunction has
violated that injunction or has been convicted of a new
felony or misdemeanor.
This bill includes the following findings and declarations:
1. Federal law, applicable to California, requires a (28
C.F.R. 23.20 (h)) a five-year limit on the retention of
names in a gang registry database.
2. California law requires gang offenders to register with
law enforcement for five years. (Section 186.30 of the
Penal Code) Existing law does not provide a time limit
on the duration of gang injunctions as applied to an
individual.
SB 282
Page
3
3. Existing law does not provide a time limit on the
duration of gang injunctions as applied to an
individual.
4. The Legislature intends to place a limit on the duration
of gang injunctions as applied to an individual that is
consistent with related state and federal laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/7/09)
--
OPPOSITION : (Verified 5/7/09)
California District Attorneys Association
City and County of San Francisco
Fresno County District Attorney
Los Angeles City Attorney
Peace Officers Research Association of California
San Bernardino County District Attorney
Ventura County District Attorney
ARGUMENTS IN SUPPORT : According to the author:
"Current law does not provide for any set term when it
comes to gang injunctions as applied to an individual.
Most individuals subject to these injunctions cannot
afford an attorney, so very few contest the initial court
proceeding in which the injunction is imposed. These
individuals can theoretically be subject to the
injunction until they die, regardless of whether they
still are, or even were, members of a gang.
"This practice goes beyond any reasonable law enforcement
rationale. Since the typical scope of a gang injunction
prohibits a number of legitimate activities, such as
visiting or being present in certain locations or
associating with particular individuals, such
restrictions may be very onerous. The terms of an
injunction may even prevent a person from visiting a
SB 282
Page
4
relative. There is no uniform way for a person, at
reasonable cost, to get out from under an injunction.
The onus should not be on an individual to incur the
costs necessary to avoid being permanently covered by a
gang injunction."
ARGUMENTS IN OPPOSITION : The Peace Officers Research
Association of California states that "SB 282 would limit
the lifespan of gang injunctions to five years. There is
currently no maximum time for these injunctions to stay in
place; rather, they stay in place until the nuisance
is abated. We believe the system is adequate as it
currently exists and therefore this bill is not necessary."
RJG:mw 5/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****