Bill Text: CA SB1307 | 2011-2012 | Regular Session | Amended

California Senate Bill 1307 (Prior Session Legislation)

Bill Title: California Criminal Gang Register.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1307 Detail]

Download: California-2011-SB1307-Amended.html

BILL NUMBER: SB 1307	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2012

INTRODUCED BY    Senator   Runner 
 Senators   Cannella   and Runner 

                        FEBRUARY 23, 2012

   An act to  amend   add  Section 
186.30 of   186.34 to  the Penal Code, relating to
criminal street gangs.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1307, as amended,  Runner   Cannella 
.  Criminal street gangs: registration.  
California Criminal Gang Register.  
   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 the Department of Justice to maintain the California Law
Enforcement Telecommunications System (CLETS), a statewide
telecommunications system of communication for the use of law
enforcement agencies.  
   This bill would require the Department of Justice, no later than
July 30, 2013, to establish a California Criminal Gang Register. The
bill would require the register to include, among other things, the
name, date of birth, and if, applicable, prison identification number
of every person convicted of a violation of the California Street
Terrorism Enforcement and Prevention Act, and a breakdown of persons
convicted of violating the act by county of conviction. The bill
would require the register to be made available through CLETS to law
enforcement agencies and to personnel who are authorized to access
CLETS.  
   Existing law, as added by Proposition 21, approved by the voters
at the March 7, 2000, statewide primary election, requires persons
convicted of street gang crimes to register with the chief of police
or the sheriff, as applicable, regarding residence, within 10 days of
release from custody or within 10 days of arrival, as specified.
Existing law provides that these provisions may be amended by a 2/3
vote of each house of the Legislature.  
   This bill would also require the person to register annually, and
upon changing his or her residence. The bill would make a violation
of the provisions requiring registration a misdemeanor. 

   By creating a new crime, this bill 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:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 186.34 is added to the 
 Penal Code   , to read:  
   186.34.  The Department of Justice, no later than July 30, 2013,
shall establish and maintain a California Criminal Gang Register,
which shall be made available through the California Law Enforcement
Telecommunications System (CLETS) to law enforcement agencies and
personnel authorized to access CLETS. The California Criminal Gang
Register shall include the following information:
   (a) The name, date of birth, and, if applicable, prison
identification number of every person convicted of a violation of
this chapter, and each date of conviction.
   (b) A breakdown of persons convicted of violating this chapter by
county of conviction.  
  SECTION 1.    Section 186.30 of the Penal Code is
amended to read:
   186.30.  (a) Any person described in subdivision (b) shall
register with the chief of police of the city in which he or she
resides, or the sheriff of the county if he or she resides in an
unincorporated area, within 10 days of release from custody or within
10 days of his or her arrival in any city, county, or city and
county to reside there, whichever occurs first. The person shall
register each year thereafter, and shall also register upon changing
his or her residence.
   (b) Subdivision (a) shall apply to any person convicted in a
criminal court or who has had a petition sustained in a juvenile
court in this state for any of the following offenses:
   (1) Subdivision (a) of Section 186.22.
   (2) Any crime where the enhancement specified in subdivision (b)
of Section 186.22 is found to be true.
   (3) Any crime that the court finds is gang related at the time of
sentencing or disposition.
   (c) A violation of this section is a misdemeanor. 

  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.