Amended in Assembly September 6, 2013

Amended in Assembly June 20, 2013

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

Senate Bill No. 458

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 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 begin delete age. end delete begin insert age, except as specified. end 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.

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)  begin insert (1) end insert begin insert   end insert For purposes of this section, “shared gang
database” shall mean any database that begin delete allows end delete begin insert satisfies all of the
following: end insert

begin insert (A) end insert begin insert   end insert begin insert Allows end insert access for any local law enforcement begin delete agency and
contains end delete begin insert agency. end insert

begin insert (B) end insert begin insert   end insert begin insert Contains end insert 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.

begin insert (C) end insert begin insert   end insert begin insert Is subject to Part 23 of Title 28 of the Code of Federal
Regulations. If federal funding is no longer available to a database
through the federal Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et. seq.), a database shall not have to
satisfy this subparagraph to meet the definition of a “shared gang
database.” end insert

begin insert (2) end insert begin insert   end insert begin insert A “shared gang database” does not include dispatch
operator reports, information used for the administration of jail
or custodial facilities, criminal investigative reports, probation
reports, or information required to be collected pursuant to Section
186.30. end insert

(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, provide written notice to the person and his or her parent
or guardian of the designation and the basis for the begin delete designation. end delete
begin insert designation, unless providing that notification would compromise
an active criminal investigation or compromise the health or safety
of the minor. end insert

(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 begin insert shared gang end insert 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 begin delete affiliate. end delete begin insert affiliate, and
the local law enforcement agency shall provide that information,
unless doing so would compromise an active criminal investigation
or compromise the health or safety of the minor. end insert

(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, as defined in this section, shall retain
records related to the gang activity of the individuals in the
database begin delete as follows: end delete begin insert consistent with the provisions contained in
Section 23.20(h) of Title 28 of the Code of Federal Regulations. end insert

begin delete

(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.

end delete begin delete

(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 the addition of new gang member
criteria to the subject’s record or the subject has a new arrest record
with a gang nexus in his or her record.

end delete

(g)  begin delete Except as expressly allowed by this section, nothing end delete begin insert Nothing end insert
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.