BILL NUMBER: SB 458 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
( Coauthors: Assembly Members
Hall, Jones-Sawyer, and Rendon
)
FEBRUARY 21, 2013
An act to amend add Section
13825.2 of 186.34 to the Penal Code, relating
to gangs.
LEGISLATIVE COUNSEL'S DIGEST
SB 458, as amended, 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 , the California Street
Terrorism Enforcement and Prevention Act, makes it unlawful to engage
in criminal gang activity, including actively participating in any
criminal street gang with knowledge that its members engage in or
have engaged in a pattern of criminal gang activity, and willfully
promoting, furthering, or assisting in any felonious criminal conduct
by members of the gang .
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. prior to a
local law enforcement agency designating a person as a gang member,
associate, or affiliate in a shared gang database, or as otherwise
specified, the local law enforcement agency to notify the person and
his or her parent or guardian of the designation and the
basis for the designation if the person is under 18 years of age.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 186.34 is added to the
Penal Code , to read:
186.34. (a) For purposes of this section, "shared gang database"
shall mean any database that allows access for more than one local
law enforcement agency and contains personal, identifying information
in which a person may be designated as a suspected gang member,
associate, or affiliate, or for which entry of a person in the
database reflects a designation of that person as a suspected gang
member, associate, or affiliate.
(b) Prior to a local law enforcement agency designating a person
as a gang member, associate, or affiliate in a shared gang database,
or submitting a document to the Attorney General's office for the
purpose of designating a person in a shared gang database, or
otherwise identifying the person in a shared gang database, the local
law enforcement agency shall, if the person is under 18 years of
age, notify the person and his or her parent or guardian of the
designation and the basis for the designation.
(c) 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.
SECTION 1. Section 13825.2 of the Penal Code is
amendedto 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 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.