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 tobegin delete notifyend deletebegin insert
provide written notice toend insert 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.begin insert
The bill would authorize the person or his or her parent or guardian to submit written documentation contesting the designation and would require the local law enforcement agency to provide written verification of its decision within 60 days.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. 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) To the extent a local law enforcement agency elects to utilize
11a shared gang database, as defined in subdivision (a),
prior to a
12local law enforcement agency designating a person as abegin insert suspectedend insert
13 gang member, associate, or affiliate in a shared gang database, or
14submitting a document to the Attorney General’s office for the
15purpose of designating a person in a shared gang database, or
16otherwise identifying the person in a shared gang database, the
17local law enforcement agency shall, if the person is under 18 years
18of age,begin delete notifyend deletebegin insert provide written notice toend insert the person and his or her
19parent or guardian of the designation and the basis for the
20designation.
21(c) Subsequent to the notice described in subdivision (b), the
22person to be designated as a suspected gang member, associate,
23or affiliate, or his or her parent or guardian, may submit written
24documentation to the local law enforcement agency contesting the
25designation. The local law enforcement agency shall review the
26documentation, and if the agency determines that the person is not
27a suspected gang member, associate, or affiliate, the agency shall
28remove the person from the database. The local law enforcement
29agency shall provide the person and his or her parent or guardian
30with written verification of the agency’s decision within 60 days
P3 1of submission of the written documentation contesting the
2designation.
3(d) The person to be designated as a suspected gang member,
4associate,
or affiliate, or his or her parent or guardian, shall be
5able to request information as to whether the person has been
6designated as a suspected gang member, associate, or affiliate.
7(e) The local law enforcement agency shall not disclose the
8location of the person to be designated as a suspected gang
9member, associate, or affiliate to his or her parent or guardian if
10the agency determines there is credible evidence that the
11information would endanger the health or safety of the minor.
12(f) A shared gang database maintained pursuant to this section
13shall retain records related to the gang activity of the individuals
14in the database as follows:
15(1) A record that has not been modified by the addition of new
16criteria to determine gang profile for a five-year period shall be
17purged. Individuals who are in custody shall be subject to the same
18purge policy under this paragraph.
19(2) A record created by an agency shall not be purged pursuant
20to paragraph (1) if that record has been substantially modified by
21another end user agency. For the purpose of this subdivision,
22substantially modified means that gang member criteria is renewed
23or added to the subject’s record or the subject has a new arrest
24record in his or her record.
25(g) Nothing in this section shall require a local law enforcement
26
agency to disclose any information protected under Section 1040
27or 1041 of the Evidence Code or Section 6254 of the Government
28Code.
O
94