BILL ANALYSIS Ó
AB 310
Page 1
Date of Hearing: April 2, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 310 (Alejo) - As Amended: March 20, 2013
SUMMARY : Adds South Monterey and Salinas Counties to the list
of specified counties that have high incidences of gang violence
and are included in the California Gang, Crime, and Violence
Prevention Partnership Program (CGCVPP). Specifically, this
bill :
1)Adds South Monterey and Salinas Counties to the list of
specified counties that have high incidences of gang violence
and are included in the CGCVPP administered by the Department
of Justice (DOJ)
2)Appropriates $3 million from the General Fund to the DOJ for
the purpose of implementing the CGCVPP Program.
EXISTING LAW :
1)Authorizes the DOJ to administer the CGCVPP Program for the
purpose of reducing gang, criminal activity, and youth
violence in communities with a high incidence of gang violence
or communities that meet specified additional criteria.
(Penal Code Section 13825.2.)
2)Defines the services to be provided by community-based
organizations and nonprofit agencies operating under the
CGCVPP Program including, but not limited to, conflict
resolution, self-esteem, recreational, educational and
cultural activities. Provides that no funds shall be used for
suppression, law enforcement, incarceration, or other purposes
not related to prevention and deterrence. (Penal Code Section
13825.4.)
3)States that to be eligible for funding by the CGCVPP Program,
community-based, and nonprofit agencies shall submit a request
for funding proposal in compliance with the program
requirements of the CGCVPP. The DOJ shall establish the
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minimum standards, funding schedules, and procedures for
awarding grants that shall take into account specified
criteria. (Penal Code Section 13825.5.)
4)Provides that up to 2% of the amounts appropriated in the
Budget Act shall be transferred each year, on approval of the
Director of Finance, to the DOJ to administer the CGCVPP
Program, and provides that up to 3% of the amounts
appropriated in the Budget Act shall be transferred to the DOJ
to provide technical assistance to community-based
organizations and nonprofit agencies providing services.
(Penal Code Section 13825.6.)
5)Provides that the Office of Gang and Youth Violence Policy
(OGYVP), located within the Emergency Management Agency (
EMA), is responsible for "identifying and evaluating state,
local, and federal gang and youth violence suppression,
intervention, and prevention programs and strategies, along
with funding for those efforts." [Penal Code Section
13827(b).]
6)States that the OGYVP is "responsible for monitoring,
assessing, and coordinating the state's programs, strategies,
and funding that address gang and youth violence in a manner
that maximizes the effectiveness and coordination of those
programs, strategies, and resources." [Penal Code Section
13827(b).] The OGYVP is also responsible for collaborating
with a wide range of state and local stakeholders to develop
comprehensive recommendations "to define its mission, role,
and responsibilities as a statewide entity dedicated to
reducing violence and the proliferation of gangs and gang
violence in California communities." [Penal Code Section
13827(b).]
7)States that the OGYVP must play a role in the collection and
analysis of data on gang membership statewide and the
effectiveness of various gang prevention efforts, the
development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang
problems, the development of a clearinghouse for research on
gangs, at-risk youth, and prevention and intervention programs
in order to identify best practices and evidence-based
programming, as well as unsuccessful practices, and in order
to promote effective strategies for reducing gang involvement
and gang violence. [Penal Code Section 13827(b).] In
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addition, the OGYVP must play a role in assisting state and
local governmental and nongovernmental entities in developing
violence and gang prevention strategies, including built-in
evaluation components, developing sustained coordination
mechanisms among state, local, and regional entities, and
identifying available or needed federal, state, regional,
local, and private funding resources. [Penal Code Section
13827(b).]
8)Defines "criminal street gang" as any ongoing organization,
association, or group of three or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more enumerated offenses, having a common
name or identifying sign or symbol, and whose members engage
in a pattern of gang activity. [Penal Code Section
186.22(f).]
9)Provides that a pattern of criminal gang activity can be
established by a single prior offense and the crime charged in
the current prosecution. [People v. Gardeley, supra, 14
Cal.4th 605, 625 (1996).]
10)Provides that it is not required that a person convicted of
active participation in a street gang, or whose sentence is
enhanced for committing a felony for the benefit of a gang
have been involved in the conduct establishing a pattern of
gang activity. [People v. Gardeley,14 Cal.4th 605, 621-622
(1996).]
11)Provides that any person who actively participates in a
criminal street gang with knowledge that its members engage in
or have engaged in a pattern of criminal gang activity and who
promotes, furthers, or assists in any felonious conduct by
members of the gang shall be punished by imprisonment in the
county jail for up to one year or by 16 months, 2 or 3 years
in state prison. [Penal Code Section 186.22(a).]
12)Provides that any person convicted of a felony committed for
the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote,
further, or assist in criminal conduct by gang members, shall
receive a sentence enhancement, as specified. [Penal Code
Section 186.22(b).]
13)Provides that the minimum enhancements (in addition to the
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prison term for the underlying felony) are: a felony (other
than specified) - two, three, or four years; a serious felony
- five years; a violent felony - 10 years; a home invasion
robbery - life with a minimum of 15 years before parole
eligibility; a carjacking - life with a minimum of 15 years; a
shooting from a vehicle - life with a minimum of 15 years; and
extortion or witness intimidation - life with a minimum of
seven years. [Penal Code Section 186.22(b).]
14)Provides that any person convicted of either a felony or
misdemeanor that is committed for the benefit of, at the
direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by
imprisonment in the county jail for up to one year or by one,
two, or three years in state prison. Any misdemeanor
sentence, or term imprisonment as a condition of probation,
must be at least 180 days in length. [Penal Code Section
186.22(d).]
15)Holds that Penal Code Section 186.22(d) is neither a
substantive offense nor an enhancement. Rather, Penal Code
Section 186.22(d) is an alternate penalty provision that may
be imposed where a defendant is convicted of either a
misdemeanor or a felony committed for the benefit of a gang.
Where the defendant, for the benefit of a gang, commits what
would otherwise be a misdemeanor, Penal Code Section 186.22(d)
allows prosecutors to charge the defendant with either a
felony or a misdemeanor. [Robert L. v. Superior Court, 30
Cal.4th 894 (2003).]
16)Defines "pattern of criminal gang activity" as the commission
of two or more of enumerated offenses, provided at least one
of the offenses occurred after the effective date of the
statute and the last of the offenses occurred within three
years after a prior offense, and the offenses were committed
on separate occasions, or by two or more persons. [Penal Code
Section 186.22(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Every year,
crime costs millions of dollars to our communities in the form
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of stolen or damaged property, loss of work time, costs to
operate the criminal justice system, and the pain and
suffering of crime victims. Over the past decade researchers
have identified intervention strategies and programs that
reduce delinquency and save lives. It is important to invest
in community-based programs that can divert first-time
offenders from further encounters with the justice system.
When law enforcement and communities come together to run
proven programs in cities with high rates of gang activity, we
have a better chance at being successful. That is why I
decided to introduce AB 310, to make sure our communities are
equipped with resources to stop violent crime.
"The city of Salinas had the highest per capita youth murder
rate in 2008 and 2009, comparative to that of Chicago. In
2008 and 2009, there were 55 homicides, more than three times
the national average. Only two of the 55 homicides were
unrelated to gang violence. During this same reporting
period, there were more than 200 reported shootings related to
gang violence. According to the Center for Disease Control and
Prevention, homicide is the second leading cause of death for
those between ages 15-24.
"There have been too many shootings, too much violence. This
funding can make a real difference in making our neighborhoods
safer."
2)Argument in Support : Greg Caputa, Santa Cruz County
Supervisor states, "Every year, crime costs millions of
dollars to our communities in the form of stolen or damaged
property, loss of work time, costs to operate the criminal
justice system, and the pain and suffering of crime victims.
I believe the resources should be invested in proven and
successful violence prevention and intervention programs in
order to prevent violence in our communities. By
appropriating $3 million to the California Gang, Crime and
Violence Prevention Partnership Program, we can give our
communities more opportunities to fight against violence."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California Police Chiefs Association
AB 310
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Greg Caput, Santa Cruz County Supervisor
Watsonville Police Department
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744