BILL NUMBER: AB 1842	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 12, 2010

   An act to amend Section 186.26 of the Penal Code, relating to
gangs.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1842, as introduced, Gilmore. Gangs: recruitment.
   Existing law makes it a felony for any person to solicit or
recruit another to actively participate in a criminal street gang, as
defined, with the intent that the person solicited or recruited
participate in a pattern of criminal street gang activity.
   This bill would instead make it a felony for any person to solicit
or recruit another to actively participate in a criminal street gang
with the intent that the person solicited or recruited actively
participate in the criminal street gang. Because this bill would
create a new crime, it would impose a state mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 186.26 of the Penal Code is amended to read:
   186.26.  (a) Any person who solicits or recruits another to
actively participate in a criminal street gang, as defined in
subdivision (f) of Section 186.22, with the intent that the person
solicited or recruited  participate in a pattern of criminal
street gang activity, as defined in subdivision (e) of Section
186.22,   actively participate i   n the
criminal street gang  or with the intent that the person
solicited or recruited promote, further, or assist in any felonious
conduct by members of the criminal street gang, shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
   (b) Any person who threatens another person with physical violence
on two or more separate occasions within any 30-day period with the
intent to coerce, induce, or solicit any person to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, shall be punished by imprisonment in the state
prison for two, three, or four years.
   (c) Any person who uses physical violence to coerce, induce, or
solicit another person to actively participate in any criminal street
gang, as defined in subdivision (f) of Section 186.22, or to prevent
the person from leaving a criminal street gang, shall be punished by
imprisonment in the state prison for three, four, or five years.
   (d) If the person solicited, recruited, coerced, or threatened
pursuant to subdivision (a), (b), or (c) is a minor, an additional
term of three years shall be imposed in addition and consecutive to
the penalty prescribed for a violation of any of these subdivisions.
   (e) Nothing in this section shall be construed to limit
prosecution under any other provision of law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.