Bill Text: CA SB458 | 2013-2014 | Regular Session | Chaptered
Bill Title: Gangs: statewide database.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-10-13 - Chaptered by Secretary of State. Chapter 797, Statutes of 2013. [SB458 Detail]
Download: California-2013-SB458-Chaptered.html
BILL NUMBER: SB 458 CHAPTERED
BILL TEXT
CHAPTER 797
FILED WITH SECRETARY OF STATE OCTOBER 13, 2013
APPROVED BY GOVERNOR OCTOBER 13, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY JUNE 20, 2013
AMENDED IN ASSEMBLY JUNE 11, 2013
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE APRIL 29, 2013
AMENDED IN SENATE APRIL 16, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
(Coauthor: Senator Yee)
(Coauthors: Assembly Members Bradford, Brown, Hall, Jones-Sawyer,
V. Manuel Pérez, Rendon, and Ting)
FEBRUARY 21, 2013
An act to add Section 186.34 to the Penal Code, relating to gangs.
LEGISLATIVE COUNSEL'S DIGEST
SB 458, Wright. Gangs: statewide database.
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.
This bill would require, 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. The bill would authorize the person or his or her parent
or guardian to submit written documentation contesting the
designation and would require the local law enforcement agency to
provide written verification of its decision within 60 days.
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. (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.
