BILL ANALYSIS
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|SENATE RULES COMMITTEE | AJR 40|
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THIRD READING
Bill No: AJR 40
Author: Huffman (D), et al
Amended: As introduced
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
ASSEMBLY FLOOR : 71-0, 5/10/10 (Consent) - See last page
for vote
SUBJECT : Gang violence prevention
SOURCE : Author
DIGEST : This resolution encourages the Congress and the
President of the United States to establish more effective
mechanisms by which the federal government may encourage
comprehensive local gang violence reduction plans.
ANALYSIS :
Existing law:
1. States that it is the right of every person to be secure
and protected from fear, intimidation, and physical harm
caused by the activities of violent groups and
individuals. Recognizes that all individuals have
constitutionally protected rights of freedom of
expression and association, but also recognizes that
California is in a state of crisis because of the
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actions of criminal street gangs. (Section 186.21 of
the Penal Code [PEN])
2. Prohibits active participation in a criminal street gang
with knowledge that its members engage in, or have
engaged in a pattern of criminal gang activity, and who
willfully promotes, furthers, or assists in any
felonious criminal conduct by members of that gang.
Violation is punishable by imprisonment in county jail
for up to one year, or in state prison for 16 months, or
two or three years. (PEN Section 186.22(a))
3. Provides that any person convicted of a felony committed
for the benefit of, at the direction of, or in
association with any criminal street gang, with the
specific intent to promote, further, or assist in
criminal conduct by gang members, shall receive a
sentence enhancement, as specified. (PEN Section
186.22(b))
4. Provides that the minimum enhancements (in addition to
the prison term for the underlying felony) are (a) a
felony (other than specified) - two, three, or four
years; (b) a serious felony - five years; (c) a violent
felony - 10 years; (d) a home invasion robbery - life
with a minimum of 15 years before parole eligibility;
(e) a carjacking - life with a minimum of 15 years; (f)
a shooting from a vehicle - life with a minimum of 15
years; and (g) extortion or witness intimidation - life
with a minimum of seven years. (PEN Section 186.22(b))
5. Defines "criminal street gang" as any ongoing
organization, association, or group of three or more
persons, whether formal or informal, having as one of
its primary activities the commission of one or more
enumerated offenses, having a common name or identifying
sign or symbol, and whose members engage in a pattern of
gang activity. (PEN Section 186.22(f))
6. Defines "pattern of criminal gang activity" as the
commission of two or more of enumerated offenses,
provided at least one of the offenses occurred after the
effective date of the statute and the last of the
offenses occurred within three years after a prior
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offense, and the offenses were committed on separate
occasions, or by two or more persons. (PEN Section
186.22(e))
7. Prohibits the recruitment or solicitation of another to
actively participate in a criminal street gang with the
intent that the person solicited or recruited
participate in the pattern of criminal street gang
activity, or with the intent that the person solicited
or recruited promote, further, or assist in any
felonious conduct by members of a criminal street gang.
Violation is punishable by imprisonment in state prison
for 16 months, or two or three years. (PEN Section
186.26)
8. Provides that the Office of Gang and Youth Violence
Policy (OGYVP), located within the Emergency Management
Agency, is responsible for "identifying and evaluating
state, local, and federal gang and youth violence
suppression, intervention, and prevention programs and
strategies, along with funding for those efforts. (PEN
Section 13827(b))
9. States that the OGYVP is "responsible for monitoring,
assessing, and coordinating the state's programs,
strategies, and funding that address gang and youth
violence in a manner that maximizes the effectiveness
and coordination of those programs, strategies, and
resources." (PEN Section 13827(b)) The OGYVP is also
responsible for collaborating with a wide range of state
and local stakeholders to develop comprehensive
recommendations "to define its mission, role, and
responsibilities as a statewide entity dedicated to
reducing violence and the proliferation of gangs and
gang violence in California communities." (PEN Section
13827(b))
10.States that the OGYVP must play a role in the collection
and analysis of data on gang membership statewide and
the effectiveness of various gang prevention efforts,
the development of reliable and accurate sources of data
to measure the scale and characteristics of California's
gang problems, the development of a clearinghouse for
research on gangs, at-risk youth, and prevention and
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intervention programs in order to identify best
practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote
effective strategies for reducing gang involvement and
gang violence. (PEN Section 13827(b)) In addition,
the OGYVP must play a role in assisting state and local
governmental and nongovernmental entities in developing
violence and gang prevention strategies, including
built-in evaluation components, developing sustained
coordination mechanisms among state, local, and regional
entities, and identifying available or needed federal,
state, regional, local, and private funding resources.
(PEN Section 13827(b))
This resolution:
1. States that safety is basic to personal and civil
health, and that gang violence has wounded and killed
community members, and made some segments of
California's communities dysfunctional.
2. States that gang violence is a plague that results in
the tragic loss of life, serious injury, undermines
families and neighborhoods, threatens the well-being of
cities, including the ability of community members to be
safe outside their homes, and affects an overall sense
of community connectedness and hope.
3. Recognizes that gang activity has resulted in 2,771
homicides in California between 2005 and 2007.
4. States that the Office of Juvenile Justice and
Delinquency Prevention has found that the growth and
proliferation of youth gangs into smaller cities and
rural areas has focused public attention on the problem
and made youth gang violence and increasingly
significant social policy issue.
5. Recognizes that addressing and preventing gang-related
violence requires the use of a three-pronged approach
based on stopping the violence and victimization,
intervening with those on the edge, and preventing gang
participation through the development of individual and
community based strategies.
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6. Recognizes that the adoption of comprehensive,
communitywide plans that define and harmonize clear
goals regarding enforcement, prevention, and
intervention that are in concert with regional efforts
has proven results.
7. States that gang violence prevention strategies are
furthered by using data-driven local tactics and
strategies, utilizing evidence-based programs and
approaches where available, and where evidence-based
programs do not exists, stressing clarity of outcomes
and performance measures.
8. Recognizes that reducing gang activity through
prevention results in positive outcomes, including a
decrease in homicides as well as vandalism, illicit
activities, and youth gang membership in target areas.
9. Recognizes that reduction in gang violence also reduces
pressure on hospitals, emergency rooms, and county jails
and increases school attendance.
10.States that gang activity prevention also allows cities
and counties to reinvest regional resources in the
community through services and programs to former gang
members, including job training, education, counseling,
and tattoo removal to keep them form returning to their
previous lifestyles, instead of diverting funds to
prosecution and incarceration.
11.Recognizes that local economic hardship has resulted in
deep cuts to public safety funding in cities and
counties, including law enforcement personnel layoffs,
closure of community facilities, and halts on
improvements to, or construction of, public safety
facilities.
12.Recognizes the importance of federal grant moneys to
city and county governments, schools, and community and
faith-based organization to fund programs related to
community-oriented policing, drug prevention and
enforcement, neighborhood stabilization, at-risk youth
mentoring, continuing education, youth employment, and
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job training.
13.Recognizes that cities and counties that have a proven
commitment to comprehensive planning, implementation and
data sharing involving key regional stakeholders could
better fund their gang violence prevention strategies if
given more flexibility with their existing resources.
14.Urges the Congress and the President of the United
States to establish more effective mechanisms by which
the federal government may encourage comprehensive local
gang violence reduction plans that reflect promising and
best practices, and that combine gang prevention,
intervention, and suppression strategies, by providing
greater flexibility in the use of federal funds for
multi-jurisdictional and cross-disciplinary approaches.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/23/10)
League of California Cities
ARGUMENTS IN SUPPORT : According to the author:
"Gangs are responsible for numerous crimes including
murder, witness intimidation, money laundering,
extortion, narcotic production and sales, prostitution,
human trafficking, theft and counterfeiting. In spite of
an overall decrease in crime in most California cities
since the 1990's, rates of gang-related violent crime
remain steady. According to the Governor's Office of
Gang and Youth Violence Policy, gang activity in
California resulted in 2,771 homicides between 2005 and
2007.
"The U.S. Attorney General recently announced a
recommendation for increased federal funding for cities
to develop comprehensive planning and action to confront
youth and gang violence prevention. Available federal
resources are and will continue to be limited, and
maximizing how far to stretch each dollar is pivotal to
local success.
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"The State of California needs to be on record that we
support comprehensive planning at the local level to
combat this part of illegal, criminal activity. Together
with our federal partners, California can focus its
efforts on strategies that actually work and support
community efforts to create peaceful neighborhoods.
"AJR 40 urges the Federal Government to provide greater
flexibility when appropriating federal funds to encourage
local governments to implement the most effective and
evidence-based plans that blend prevention of gang
participation, intervention of at-risk youth and
offenders, and suppression of crime activity. AJR 40
also demonstrates California's commitment to the
prevention of gang violence, which will make our state
more competitive for future federal funding."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Silva, Skinner, Smyth, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: De La Torre, DeVore, Harkey, Mendoza,
Nava, Norby, Saldana, Solorio, Vacancy
RJG:mw 6/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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