BILL NUMBER: SB 458	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2013
	AMENDED IN SENATE  APRIL 16, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wright
   (Coauthor: Senator Yee)
   (Coauthors: Assembly Members Brown, Hall, Jones-Sawyer, V. Manuel
Pérez, Rendon, and Ting)

                        FEBRUARY 21, 2013

   An act to add Section 186.34 to the Penal Code, relating to gangs.


	LEGISLATIVE COUNSEL'S DIGEST


   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
designating  , or submitting a document to the Attorney General's
office for the purpose of designating,  a person as a gang
member, associate, or affiliate in a shared gang database, 
or as otherwise specified,   as defined,  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.

   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: 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 any 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.