BILL NUMBER: AB 829 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 26, 2015
An act to amend 13825.2 of Section 13956
of the Government Code, to add Sections 186.36, 186.38,
186.40, 186.42, 186.44, 186.460, 186.462, 186.464, 186.466, 186.4
68, 186.470, 186.472, 186.474, 186.476, and 186.478 to,
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, the Penal Code, relating to gangs.
LEGISLATIVE COUNSEL'S DIGEST
AB 829, as amended, Nazarian. Gangs.
Gangs: shared gang databases.
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.
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.
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.
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.
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.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13956 of the
Government Code is amended to read:
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).
(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.
SEC. 2. The heading of Article 1 (commencing with
Section 186.20) is added to Chapter 11 of Title 7 of Part 1 of the
Penal Code , to read:
Article 1. Title And Intent
SEC. 3. The heading of Article 2 (commencing with
Section 186.22) is added to Chapter 11 of Title 7 of Part 1 of the
Penal Code , to read:
Article 2. Violations Of The Act
SEC. 4. The heading of Article 3 (commencing with
Section 186.30) is added to Chapter 11 of Title 7 of Part 1 of the
Penal Code , to read:
Article 3. Registration With Local Law Enforcement Agency
SEC. 5. The heading of Article 4 (commencing with
Section 186.34) is added to Chapter 11 of Title 7 of the
Penal Code , to read:
Article 4. Shared Gang Databases
SEC. 6. Section 186.34 of the Penal
Code is repealed.
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.
SEC. 7. Section 186.34 is added to the
Penal Code , to read:
186.34. (a) (1) For purposes of this section,
"shared gang database" shall mean a 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.
(3) A "shared gang database" includes the CalGang system, operated
pursuant to Section 23 of Title 28 of the Code of Federal
Regulations.
(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.
SEC. 8. Section 186.36 is added to the
Penal Code , to read:
186.36. (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.
SEC. 9. Section 186.38 is added to the
Penal Code , to read:
186.38. (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.
SEC. 10. Section 186.40 is added to the
Penal Code , to read:
186.40. (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.
SEC. 11. Section 186.42 is added to the
Penal Code , to read:
186.42. (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.
SEC. 12. Section 186.44 is added to the
Penal Code , to read:
186.44. (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.
SEC. 13. Section 186.460 is added to the
Penal Code , to read:
186.460. 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.
SEC. 14. Section 186.462 is added to the
Penal Code , to read:
186.462. (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.
SEC. 15. Section 186.464 is added to the
Penal Code , to read:
186.464. (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.
SEC. 16. Section 186.466 is added to the
Penal Code , to read:
186.466. (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.
SEC. 17. Section 186.468 is added to the
Penal Code , to read:
186.468. (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.
SEC. 18. Section 186.470 is added to the
Penal Code , to read:
186.470. (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.
SEC. 19. Section 186.472 is added to the
Penal Code , to read:
186.472. (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.
SEC. 20. Section 186.474 is added to the
Penal Code , to read:
186.474. (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.
SEC. 21. Section 186.476 is added to the
Penal Code , to read:
186.476. 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.
SEC. 22. Section 186.478 is added to the
Penal Code , to read:
186.478. (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).
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.