BILL NUMBER: SB 458	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2013
	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, 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.
   Vote: majority. Appropriation: no. Fiscal committee: 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 the extent a local law
enforcement agency elects to utilize a shared gang database, as
defined in subdivision (a),   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.