BILL NUMBER: SB 458 AMENDED
BILL TEXT
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
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 age.
age, except as specified. 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) (1) For purposes of this
section, "shared gang database" shall mean any database that
allows satisfies all of the following:
(A) Allows access for any local
law enforcement agency and contains agency.
(B) 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.
(C) Is subject to Part 23 of Title 28
of the Code of Federal Regulations. If federal funding is no longer
available to a database thr ough 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."
(2) 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.
(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
designation. designation, unless providing that
notification would compromise an active criminal investigation or
compromise the health or safety of the minor.
(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 shared gang 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. 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.
(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 as follows: consistent with the
provisions contained in Section 23.20(h) of Title 28 of the Code of
Federal Regulations.
(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 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.
(g) Except as expressly allowed by this section, nothing
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.