BILL NUMBER: SB 458	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2013
	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  Bradford,  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  
provide written notice to  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 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. 
   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) 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  suspected
 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  provide written notice to 
the person and his or her parent or guardian of the designation and
the basis for the designation. 
   (c) Subsequent to the notice described in subdivision (b), the
person to be designated as a suspected gang member, associate, or
affiliate, or his or her parent or guardian, may submit written
documentation to the local law enforcement agency contesting the
designation. The local law enforcement agency shall review the
documentation, and if the agency determines that the person is not a
suspected gang member, associate, or affiliate, the agency shall
remove the person from the database. The local law enforcement agency
shall provide the person and his or her parent or guardian with
written verification of the agency's decision within 60 days of
submission of the written documentation contesting the designation.
 
   (d) The person to be designated as a suspected gang member,
associate, or affiliate, or his or her parent or guardian, shall be
able to request information as to whether the person has been
designated as a suspected gang member, associate, or affiliate. 

   (e) The local law enforcement agency shall not disclose the
location of the person to be designated as a suspected gang member,
associate, or affiliate to his or her parent or guardian if the
agency determines there is credible evidence that the information
would endanger the health or safety of the minor.  
   (f) A shared gang database maintained pursuant to this section
shall retain records related to the gang activity of the individuals
in the database as follows:  
   (1) A record that has not been modified by the addition of new
criteria to determine gang profile for a five-year period shall be
purged. Individuals who are in custody shall be subject to the same
purge policy under this paragraph.  
   (2) A record created by an agency shall not be purged pursuant to
paragraph (1) if that record has been substantially modified by
another end user agency. For the purpose of this subdivision,
substantially modified means that gang member criteria is renewed or
added to the subject's record or the subject has a new arrest record
in his or her record.  
   (g) Nothing in this section shall require a local law enforcement
agency to disclose any information protected under Section 1040 or
1041 of the Evidence Code or Section 6254 of the Government Code.