Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 829

Introduced by Assembly Member Nazarian

February 26, 2015

An act to amend begin delete 13825.2 of end delete begin insert Section 13956 of the Government Code, end insert begin insert to add Sections 186.36, 186.38, 186.40, 186.42, 186.44, 186.460, 186.462, 186.464, 186.466, 186.468, 186.470, 186.472, 186.474, 186.476, and 186.478 to, end insert begin insert to add the headings of Article 1 (commencing with Section 186.20), Article 2 (commencing with Section 186.22), Article 3 (commencing with Section 186.30), and Article 4 (commencing with Section 186.34) to Chapter 11 of Title 7 of Part 1 to, and to repeal and add Section 186.34 of, end insert the Penal Code, relating to gangs.

LEGISLATIVE COUNSEL’S DIGEST

AB 829, as amended, Nazarian. begin delete Gangs. end delete begin insert Gangs: shared gang databases. end insert

begin insert

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. Existing law requires, 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, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting the designation and requires the local law enforcement agency to provide written verification of its decision within 60 days.

end insert begin insert

This bill would instead require a local law enforcement agency to provide written notice to a person, or if the person is under 18 years of age, his or her parent or guardian, prior to making the designation described above. This bill would authorize a person or his or her parent or guardian, as applicable, to request information regarding the status of the person in a shared gang database, and would require the law enforcement agency to provide that information, subject to specified exceptions. This bill would authorize that person, or his or her parent or guardian, as applicable, to contest the designation and request removal of information from the database in writing, on the ground that the person is not and has never been a gang member, associate, or affiliate. This bill would authorize a person whose written request for removal is denied to appeal the decision at an administrative hearing conducted by a hearing officer, as specified. This bill would authorize that person to request a review of an unfavorable decision of the hearing officer, and would authorize that person to commence an action to seek review of an unfavorable decision after review by a court of competent jurisdiction, as specified. This bill would require a local law enforcement agency to remove or cause to be removed a person designated in a shared gang database based on specified criteria, or if the designation is successfully contested, and to notify the person and his or her parent or guardian, as applicable, upon removal. This bill would require the Department of Justice to annually report specified information relating to requests for removal and removal of persons from the CalGang shared gang database system.

end insert begin insert

Existing law authorizes the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award.

end insert begin insert

This bill would prohibit the board from denying an application for compensation on the basis of the applicant’s membership in, association with, or affiliation with, a gang, or on the basis of the applicant’s designation as a suspected gang member, associate, or affiliate in a shared gang database, as defined.

end insert begin delete

Existing law establishes the California Gang, Crime, and Violence Prevention Partnership Program to be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence in communities with a high incidence of gang violence, as specified.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 13956 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

13956.  

Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:

(a) An application shall be denied if the board finds that the
victim or, if compensation is sought by or on behalf of a derivative
victim, either the victim or derivative victim, knowingly and
willingly participated in the commission of the crime that resulted
in the pecuniary loss for which compensation is being sought
pursuant to this chapter. However, this subdivision shall not apply
if the injury or death occurred as a direct result of a crime
committed in violation of Section 261, 262, or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation
of subdivision (d) of Section 261.5 of, the Penal Code.

(b) (1) An application shall be denied if the board finds that
the victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable,
the board shall consider the victim’s or derivative victim’s age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim’s family or
the derivative victim or the derivative victim’s family, and giving
due consideration to the degree of cooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors.

(2) An application for a claim based on domestic violence shall
not be denied solely because no police report was made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occurred. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or the fact that the victim has obtained a temporary
or permanent restraining order, or all of these.

(3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code shall not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying
upon evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 of the Penal Code
has occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to,
the following:

(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.

(B) A human trafficking caseworker as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.

(4) (A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not
be denied solely because it was not reported to a superior officer
or law enforcement at the time of the crime.

(B) Factors that the board shall consider for purposes of
determining if a claim qualifies for compensation include, but are
not limited to, the evidence of the following:

(i) Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain, attorney,
or other military personnel.

(ii) Medical or physical evidence consistent with sexual assault.

(iii) A written or oral report from military law enforcement or
a civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.

(iv) A letter or other written statement from a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation of sexual assault.

(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.

(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.

(vii) Other behavior by the victim consistent with sexual assault.

(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military service, including deployment.

(D) For purposes of this subdivision, the sexual assault may
have been committed offbase.

(E) For purposes of this subdivision, a “perpetrator” means an
individual who is any of the following at the time of the sexual
assault:

(i) An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard.

(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.

(iii) A contractor or agent of a private military or private security
company.

(iv) A member of the California National Guard.

(F) For purposes of this subdivision, “sexual assault” means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
the Penal Code, as of the date the act that added this paragraph
was enacted.

(c) An application for compensation may be denied, in whole
or in part, if the board finds that denial is appropriate because of
the nature of the victim’s or other applicant’s involvement in the
events leading to the crime or the involvement of the persons whose
injury or death gives rise to the application. In the case of a minor,
the board shall consider the minor’s age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor’s application should
be denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
derivative victim of trafficking under 18 years of age may not be
denied on the basis of the denial of the victim’s application under
this subdivision.

(d) (1) Notwithstanding Section 13955, no person who is
convicted of a felony may be granted compensation until that
person has been discharged from probation or has been released
from a correctional institution and has been discharged from parole,
if any. In no case shall compensation be granted to an applicant
pursuant to this chapter during any period of time the applicant is
held in a correctional institution.

(2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(1).

(3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set
forth in paragraph (1).

begin insert

(e) The board shall not deny an application for compensation
on the basis of the applicant’s membership in, association with,
or affiliation with, a gang, or on the basis of the applicant’s
designation as a suspected gang member, associate, or affiliate
in a shared gang database as defined in Section 186.34 of the
Penal Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The heading of Article 1 (commencing with Section
186.20) is added to Chapter 11 of Title 7 of Part 1 of the end insert begin insert Penal
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 1. end insert   Title And Intent

 

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The heading of Article 2 (commencing with Section
186.22) is added to Chapter 11 of Title 7 of Part 1 of the end insert begin insert Penal
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 2. end insert   Violations Of The Act

 

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
186.30) is added to Chapter 11 of Title 7 of Part 1 of the end insert begin insert Penal
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3. end insert   Registration With Local Law Enforcement Agency

 

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert The heading of Article 4 (commencing with Section
186.34) is added to Chapter 11 of Title 7 of the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

 

Article begin insert 4. end insert   Shared Gang Databases

 

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 186.34 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

186.34.  

(a) (1) For purposes of this section, “shared gang
database” shall mean any database that satisfies all of the following:

(A) Allows access for any local law enforcement 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
through the federal Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. Sec. 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,
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, 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 consistent with the provisions contained in Section
23.20(h) of Title 28 of the Code of Federal Regulations.

(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.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 186.34 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.34. end insert   

end insert begin insert

(a) (1) For purposes of this section, “shared gang
database” shall mean a database that satisfies all of the following:

end insert begin insert

(A) Allows access for any local law enforcement agency.

end insert begin insert

(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.

end insert begin insert

(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
through the federal Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. Sec. 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) 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 begin insert

(3) A “shared gang database” includes the CalGang system,
operated pursuant to Section 23 of Title 28 of the Code of Federal
Regulations.

end insert begin insert

(b) A shared gang database, as defined in this section, shall
retain records related to the gang activity of the individuals in the
database consistent with the provisions contained in Section
23.20(h) of Title 28 of the Code of Federal Regulations.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 186.36 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.36. end insert   

(a) Beginning on December 1, 2016, and annually on
December 1 thereafter, the Department of Justice shall submit a
report to the CalGang Executive Board and to the Legislature that
contains, by ZIP Code, referring agency, race, gender, and age,
the following information:

(1) The number of persons added to the CalGang system during
the immediately preceding 12 months.

(2) The number of requests for removal of a person from the
CalGang system received during the immediately preceding 12
months.

(3) The number of requests for removal of a person from the
CalGang system that were granted during the immediately
preceding 12 months.

(4) The number of persons automatically removed from the
CalGang system during the immediately preceding 12 months.

(b) A report submitted to the Legislature pursuant to subdivision
(a) shall comply with Section 9795 of the Government Code.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 186.38 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.38. end insert   

(a) To the extent a local law enforcement agency elects
to utilize a shared gang database, as defined in Section 186.34,
prior to the 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 provide written
notice to the person, and, if the person is under 18 years of age,
his or her parent or guardian, of the designation and the basis for
the designation, unless providing that notification would
compromise an active criminal investigation or compromise the
health or safety of the person if the person is under 18 years of
age.

(b) The notice described in subdivision (a) shall describe the
process for the person, or, if the person is under 18 years of age,
his or her parent or guardian, to contest the designation or
identification of the person in the database, as applicable. The
notice shall also inform the person of the reason for his or her
designation in the database.

(c) (1) A person to be designated as a suspected gang member,
associate, or affiliate, or, if the person is under 18 years of age,
his or her parent or guardian, may request information of a local
law enforcement agency as to whether the person has been
designated as a suspected gang member, associate, or affiliate in
a shared gang database, 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 person if the person is under 18 years of age.

(2) A person requesting information pursuant to paragraph (1)
shall make the request in writing.

(3) The local law enforcement agency shall respond to a valid
request pursuant to paragraph (1) in writing to the person making
the request within 30 calendar days of receipt of the request.

(4) If the person about whom information is requested is under
18 years of age, the local law enforcement agency may not disclose
the location of the person to his or her parent or guardian if the
agency determines disclosure of that information would endanger
the health or safety of the person.

(d) Nothing in this section requires 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.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 186.40 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.40. end insert   

(a) A law enforcement agency that elects to utilize
and administer a shared gang database shall remove or cause to
be removed a person who is designated as a suspected gang
member, associate, or affiliate from a shared gang database under
one or more of the following circumstances:

(1) The person is designated in the shared gang database, but
has not been arrested, charged with, or convicted of a crime in
the five-year period after initial entry in the database.

(2) The person is designated in the database, and was
subsequently arrested for, but not charged with or convicted of, a
crime in the five-year period after the date of arrest.

(3) The person is designated in the database as the result of an
arrest, but was not charged with or convicted of a crime in the
five-year period after the date of the arrest.

(4) The person is designated in the database and is subsequently
arrested and charged with a crime, but is not convicted of a crime
within the five-year period after the date of the arrest.

(b) A law enforcement agency that elects to utilize and
administer a shared gang database shall remove or cause to be
removed a person who is designated as a suspected gang member,
associate, or affiliate, and who is subsequently arrested for,
charged with, and convicted of a crime, if the person successfully
completes his or her probation or parole and more than five years
have passed since the date of the last modification to his or her
entry in the database.

(c) Subdivision (b) does not apply to a person convicted of a
violent felony, as defined in subdivision (c) of Section 667.5.

(d) A law enforcement agency that removes a person from a
shared gang database pursuant to this section shall give written
notice of the removal to the person, and, if the person is under 18
years of age, his or her parent or guardian, within 30 calendar
days after removal. The notice shall be mailed to the last known
address of record for the person, and, if the person is under 18
years of age, his or her parent or guardian.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 186.42 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.42. end insert   

(a) A person designated as a suspected gang member,
associate, or affiliate in a shared gang database or who has
received a notice described in subdivision (a) of Section 186.38,
or, if the person is under 18 years of age, his or her parent or
guardian, may contest the designation in writing.

(b) A person, or, if the person is under 18 years of age, his or
her parent or guardian, may contest his or her designation as a
suspected gang member, associate, or affiliate in a shared gang
database on the ground that the person is not, and has never been,
a member, associate, or affiliate of a gang.

(c) The person contesting the designation bears the burden of
proving the grounds for contesting the designation.

(d) This section does not apply to a person designated in a
shared gang database who has been convicted of a violent felony,
as defined in subdivision (c) of Section 667.5.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 186.44 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.44. end insert   

(a) A person, or, if the person is under 18 years of
age, his or her parent or guardian, may contest in writing the
person’s designation as a suspected gang member, associate, or
affiliate in a shared gang database by mailing a written request
for removal from the database to the law enforcement agency that
created the designation. The written request shall set forth the
ground for contesting the designation and may include supporting
documentation.

(b) The law enforcement agency shall review the written request
and supporting documentation. If the agency determines that the
ground for removal is satisfied, the agency shall remove the person
from the shared gang database.

(c) The law enforcement agency shall give written notice of its
determination, and, if applicable, the removal of the person from
the shared gang database to the person, and, if the person is under
18 years of age, the person’s parent or guardian, within 60
calendar days after receipt of the written request contesting the
designation.

(d) If the law enforcement agency denies the request for removal,
the notice of its determination shall state the reason for the denial.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 186.460 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.460. end insert   

If a law enforcement agency that elects to utilize a
shared gang database denies a written request for removal of a
person from the database under Section 186.44, the person who
made the initial request, may make a demand on the law
enforcement agency for an administrative hearing to contest the
denial, and the law enforcement agency shall grant the request
for a hearing.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 186.462 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.462. end insert   

(a) When a law enforcement agency grants a hearing
under this article, the agency shall fix a time and place for the
hearing and shall give no less than 10 calendar days’ notice of
the hearing to the person who requested the hearing.

(b) The law enforcement agency shall, to the extent possible,
fix a place for the hearing at a location close to the address of
record for the person who requested the hearing. The law
enforcement agency is not required to fix a place for the hearing
outside of the geographic boundaries of its jurisdiction.

(c) The notice of the hearing shall be in English, or one of the
non-English languages described in paragraph (3) of subdivision
(a) of Section 1632 of the Civil Code, if requested.

(d) The notice of the hearing shall contain the following
information:

(1) A description of the hearing process.

(2) A statement of the discovery rights of the person requesting
the hearing pursuant to Section 11507.6 of the Government Code.

(e) The person who requested the hearing may request a
continuance of the hearing, which shall be granted. A request for
a continuance shall be in writing and may be served via first class
mail. The person who requested the continuance shall serve the
request no less than three calendar days before the date of the
hearing. The person who requested the hearing may make no more
than two requests for a continuance.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 186.464 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.464. end insert   

(a) Any hearing granted pursuant to Section 186.460
shall be conducted by an officer or employee of the agency selected
by the head of the law enforcement agency that granted the
hearing, who shall be the hearing officer for the purposes of this
article.

(b) The entire proceedings at any hearing may be recorded by
a phonographic recorder or any mechanical, electronic, or other
means capable of reproduction or transcription.

(c) The person who requested the hearing may be accompanied
by an advocate. The law enforcement agency shall permit the
advocate to be present during the hearing.

(d) The person who requested the hearing may request an
interpreter, which the agency shall provide, or may bring his or
her own interpreter to the hearing.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 186.466 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.466. end insert   

(a) Before a hearing granted pursuant to Section
186.460 has commenced, the hearing officer shall issue subpoenas
or subpoenas duces tecum, or both, at the request of any party,
for attendance by a person at or production of documents at the
hearing. After the hearing has commenced the hearing officer may
issue subpoenas or subpoenas duces tecum, or both.

(b) Notwithstanding Section 11450.20 of the Government Code,
subpoenas and subpoenas duces tecum issued in conjunction with
the hearing may be served by first-class mail.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 186.468 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.468. end insert   

(a) At a hearing granted pursuant to Section 186.460,
the hearing officer shall consider the official records of the law
enforcement agency that granted the hearing, and shall receive
sworn testimony and documentary evidence as applicable.

(b) The hearing officer shall permit the person who requested
the hearing to submit evidence in support of grounds for the
removal of a person from the shared gang database.

(c) Within 14 calendar days after the conclusion of the hearing,
the person who requested the hearing may submit additional
evidence in support of his or her grounds for removal of a person
from the database.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 186.470 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.470. end insert   

(a) Within 60 calendar days after the conclusion of
a hearing granted pursuant to Section 186.460, the hearing officer
shall make findings and render a written decision on behalf of the
law enforcement agency that granted the hearing.

(b) If the hearing officer determines that a ground for removal
specified in Section 186.42 is satisfied, the law enforcement agency
shall remove the person from the shared gang database.

(c) The law enforcement agency that granted the hearing shall
give written notice of the decision, and if applicable, the removal
of a person from a shared gang database pursuant to that decision,
by first-class mail to the parties to the hearing within 15 calendar
days after the decision is rendered.

(d) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 186.472 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.472. end insert   

(a) The person to whom a hearing was granted
pursuant to Section 186.460 may request a review of the decision
taken under Section 186.470 within 20 calendar days after the
decision is mailed to the person. A request for review shall be in
writing and submitted to the law enforcement agency that issued
the decision.

(b) On receipt of a request for review, the law enforcement
agency shall examine the decision, the hearing officer’s findings,
and the record of the hearing, including admitted documentary
evidence and testimony. The hearing officer who conducted the
original hearing may not participate in the review process.

(c) Following the review, the law enforcement agency shall mail
a written notice of its decision after review to the person who
requested the review.

(d) The decision after review may be modified at any time after
issuance to correct mistakes or clerical errors.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 186.474 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.474. end insert   

(a) All matters in a hearing granted pursuant to
Section 186.460 and not covered by this chapter shall be governed,
as far as applicable, by Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Subdivision (a) of Section 11425.30 of the Government Code
does not apply to a proceeding to contest the designation of a
person as a suspected gang member, associate, or affiliate pursuant
to this chapter.

end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 186.476 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.476. end insert   

Nothing in this chapter shall be deemed to prevent a
review or other action as may be permitted by the California
Constitution and law of this state by a court of competent
jurisdiction of any decision of a law enforcement agency with
respect to the designation of a person as a suspected gang member,
associate, or affiliate in a shared gang database.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 186.478 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 186.478. end insert   

(a) An action brought in a court of competent
jurisdiction to review a decision of a law enforcement agency with
respect to the designation of a person as a suspected gang member,
associate, or affiliate in a shared gang database shall be
commenced pursuant to Section 1094.6 of the Code of Civil
Procedure.

(b) Upon final completion of all administrative appeals, the
person who was granted a hearing pursuant to Section 186.460
shall be given written notice by the law enforcement agency that
granted the hearing of his or her right to a review by a court
pursuant to subdivision (a).

end insert

begin delete

SECTION 1.  

Section 13825.2 of the Penal Code is amended
to read:

13825.2.  

(a) The California Gang, Crime, and Violence
Prevention Partnership Program shall be administered by the
Department of Justice for the purposes of reducing gang, criminal
activity, and youth violence to the extent authorized pursuant to
this chapter in communities with a high incidence of gang violence,
including, but not limited to, the communities of Fresno, Glendale,
Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa
Cruz, San Bernardino, San Diego, San Jose, San Francisco, San
Mateo, Santa Monica, and Venice. The department shall also
consider communities that meet one or more of the following
criteria:

(1) An at-risk youth population, as defined in subdivision (c)
of Section 13825.4, that is significantly disproportionate to the
general youth population of that community.

(2) A juvenile arrest rate that is significantly disproportionate
to the general youth population of that community.

(3) Significant juvenile gang problems or a high number of
juvenile gang-affiliated acts of violence.

(b) All state and local juvenile detention facilities, including,
but not limited to, facilities, juvenile halls, youth ranches, and
youth camps of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, shall also be considered eligible to
receive services through community-based organizations or
nonprofit agencies that are operating programs funded under this
chapter.

end delete