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