BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2298 (Weber) - Criminal gangs
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|Version: May 31, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 2298 would extend the right provided to minors to
be notified of inclusion in a shared gang database to include
adults, as specified. This bill would provide for an
individualseeking removal from a shared gang database to
petition the court, as specified, and would impose data
collection, reporting, and retention requirements on local law
enforcement agencies and the Department of Justice (DOJ), as
specified.
AB 2298 (Weber) Page 1 of
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Fiscal
Impact: >
CalGang system enhancements : One-time automation costs to the
DOJ of $1 million (General Fund) for system enhancements.
DOJ data collection and reporting : Ongoing DOJ workload
increase of $200,000 (General Fund) to collect and post data
submitted by shared gang database users.
Local agency notices and data reporting : Potentially
significant non-reimbursable local agency costs (Local Funds)
for additional and more detailed written notifications, data
collection, reporting, and retention requirements. Utilization
of the CalGang system and other shared gang databases is
permissive, and any additional workload imposed for the
notification and data reporting provisions prospectively would
not appear to be reimbursable by the state.
Shared gang database inquiries : Potentially significant local
law enforcement agency costs, potentially state-reimbursable
(General Fund), to accept and respond to written requests for
information of possible designation in a shared gang database.
The bill provides that a person may request information of any
law enforcement agency, which could include agencies that no
longer utilize the database to designate gang members, yet is
technically accessible to the agency, and requires that agency
to respond to the request and provide written information of
possible gang designation by other law enforcement agencies.
The CHP and CDCR, which have access to CalGang, anticipate
minor costs to respond to any requests.
Court hearing process : Potentially significant future costs
for court hearings (General Fund*) to contest gang database
designations.
Author
Amendments:
Delete the potentially state-reimbursable requirement
for law enforcement agencies to establish an administrative
appeals process and replace with the authority for a person
to petition the court to contest a gang database
designation.
Add co-authors.
AB 2298 (Weber) Page 2 of
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Committee
Amendments: Delete the requirement that a person designated as
a suspected gang member, associate, or affiliate in a shared
gang database who has not been convicted of a violation of
gang-related crimes, as specified, within three years of the
initial designation be removed from the database.
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