SB 458, as amended, Wright. Gangs: statewide database.
Existing law, 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, prior to a local law enforcement agency designatingbegin insert, or submitting a document to the Attorney General’s office for the purpose of designating,end insert a person as a gang member, associate, or affiliate in a shared gang database,begin delete or as otherwise specified,end deletebegin insert
as defined,end insert 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.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 186.34 is added to the Penal Code, to
2read:
(a) For purposes of this section, “shared gang
4database” shall mean any database that allows access for any local
5law enforcement agency and contains personal, identifying
6information in which a person may be designated as a suspected
7gang member, associate, or affiliate, or for which entry of a person
8in the database reflects a designation of that person as a suspected
9gang member, associate, or affiliate.
10(b) Prior to a local law enforcement agency designating a person
11as a gang member, associate, or affiliate in a shared gang database,
12or submitting a document to the Attorney General’s office for the
13purpose of designating a person in a shared gang database, or
14otherwise
identifying the person in a shared gang database, the
15local law enforcement agency shall, if the person is under 18 years
16of age, notify the person and his or her parent or guardian of the
17designation and the basis for the designation.
18(c) If the Attorney General’s office houses a statewide gang
19database, the Attorney General’s office shall update policies and
20procedures regarding that database every five years.
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