BILL NUMBER: SB 458	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 21, 2013

   An act to amend Section 13825.2 of the Penal Code, relating to
gangs.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 458, as introduced, Wright. Gangs: statewide database.
   Existing law establishes the California Gang, Crime, and Violence
Prevention Partnership Program to be administered by the Department
of Justice for the purposes of reducing gang, criminal activity, and
youth violence in communities with a high incidence of gang violence,
as specified.
   This bill would require, whenever a local law enforcement entity
submits a document to the Attorney General's office for the purpose
of enrolling, or whenever a local law enforcement agency enrolls, a
person who is under 18 years of age into a statewide gang database
that is overseen by the Attorney General's office, the local law
enforcement entity to simultaneously send a notification to the
parents or guardians of the person regarding that enrollment. By
imposing new duties on local law enforcement agencies, the bill would
impose a state-mandated local program.
   The bill would also require, if the Attorney General's office
houses a statewide gang database, the Attorney General's office to
update policies and procedures regarding that database every 5 years.

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13825.2 of the Penal Code is amended to read:
   13825.2.  (a) The California Gang, Crime, and Violence Prevention
Partnership Program shall be administered by the Department of
Justice for the purposes of reducing gang, criminal activity, and
youth violence to the extent authorized pursuant to this chapter in
communities with a high incidence of gang violence, including, but
not limited to, the communities of Fresno, Glendale, Long Beach, Los
Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino,
San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and
Venice. The department shall also consider communities that meet any
one of the following criteria:
   (1) An at-risk youth population, as defined in subdivision (c) of
Section 13825.4, that is significantly disproportionate to the
general youth population of that community.
   (2) A juvenile arrest rate that is significantly disproportionate
to the general youth population of that community.
   (3) Significant juvenile gang problems or a high number of
juvenile gang-affiliated acts of violence.
   (b) All state and local juvenile detention facilities, including,
but not limited to, facilities, juvenile halls, youth ranches, and
youth camps of the  Department of the Youth Authority
  Division of Juvenile Facilities  , shall also be
considered eligible to receive services through community-based
organizations or nonprofit agencies that are operating programs
funded under this chapter. 
   (c) (1) Whenever a local law enforcement entity submits a document
to the Attorney General's office for the purpose of enrolling, or
whenever a local law enforcement agency enrolls, a person who is
under 18 years of age into a statewide gang database that is overseen
by the Attorney General's office, the local law enforcement entity
shall simultaneously send a notification to the parents or guardians
of the person regarding that enrollment.  
   (2) If the Attorney General's office houses a statewide gang
database, the Attorney General's office shall update policies and
procedures regarding that database every five years. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.