BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 458 (Wright) - Gangs: statewide database.
Amended: April 29, 2013 Policy Vote: Public Safety 7-0
Urgency: No Mandate: No (See Staff Comments)
Hearing Date: May 6, 2013 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 458 would require a local law enforcement
agency to notify a minor and his or her parent or guardian prior
to designating that minor as a gang member, associate, or
affiliate in a shared gang database, as specified.
Fiscal Impact: Potentially state-reimbursable ongoing local law
enforcement costs in excess of $150,000 (General Fund) per year
to notify minors and parents prior to designation in a shared
gang database.
Background: The CalGang database, which is housed by the DOJ, is
accessed by law enforcement officers in 58 counties, and
contains personal, identifying information such as age, race,
photographs, tattoos, criminal associates, addresses, vehicles,
criminal histories, and activities. According to the Youth
Justice Coalition report, Tracked and Trapped: Youth of Color,
Gang Databases and Gang Injunctions (December 2012),
approximately 200,000 persons are listed on the CalGang
database, with approximately 12 percent of those listed aged 19
years or younger.
In addition to the CalGang database, the DOJ website indicates
11 regional databases maintained by local law enforcement
agencies in Los Angeles, San Bernardino, Riverside, Sonoma, San
Diego, Kern, Fresno, San Jose, Santa Barbara, and Orange County.
Under existing law, if a minor is convicted of a gang-related
offense and tried as an adult or has had a petition sustained in
juvenile court, the parent or guardian must be notified of a
requirement to register with a local sheriff's office upon
release from custody or moving to a new city or county. However,
designation in the shared gang databases does not require a
conviction or sustained petition, and the designated minor and
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minor's parent or guardian are not notified of the listing. As a
result, concerns have been expressed regarding transparency,
accountability, and the accuracy of records entered into these
shared gang databases.
This bill would require prior notification by local law
enforcement of a minor's designation in a shared gang database
and the basis for that designation, regardless of the conviction
status of the minor.
Proposed Law: This bill would require local law enforcement
agencies to notify any person under 18 years of age and his or
her parent or guardian prior to designating that minor in a
shared gang database and to provide the basis for that
designation. Specifically, this bill defines "shared gang
database" as 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.
Staff Comments: By requiring local law enforcement agencies to
notify minors and their parents/guardians prior to designation
in a shared gang database, this bill could result in a potential
state-reimbursable mandate. Local law enforcement agencies could
incur increased ongoing workload to identify and notify
designated minors and their parents/guardians, document the
notification process, and respond to subsequent inquiries
related to the notices and subsequent placement in shared gang
databases. The ongoing cost to local law enforcement agencies is
unknown, but could exceed $150,000 per year.
To the extent the mandated notification process leads to
numerous inquiries and challenges, the provisions of this bill
could necessitate that local law enforcement agencies develop a
process for appeal and removal from the shared gang databases,
resulting in additional costs.
Recommended Amendment: In order to address the potential
reimbursable state mandate on local law enforcement agencies,
staff recommends the following amendment:
Section 186.34 is added to the Penal Code, to read:
SB 458 (Wright)
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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),
p P rior 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.