Cal. Penal Code - PEN § 186.20. Section 186.20.
This chapter shall be known and may be cited as the “California Street Terrorism Enforcement and Prevention Act.”
CHAPTER 11. Street Terrorism Enforcement and Prevention Act [186.20. - 186.36.]
Cal. Penal Code - PEN 11.
in effectCal. Penal Code - PEN § 186.21. Section 186.21.
The Legislature hereby finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, gender identity, gender expression, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the
constitutionally protected rights of freedom of expression and association. The Legislature hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
The Legislature, however, further finds that the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. The Legislature finds that there are nearly 600 criminal street gangs operating in California, and that the number of gang-related murders is increasing. The
Legislature also finds that in Los Angeles County alone there were 328 gang-related murders in 1986, and that gang homicides in 1987 have increased 80 percent over 1986. It is the intent of the Legislature in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The Legislature further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.
Cal. Penal Code - PEN § 186.22. Section 186.22.
(a)
A person who actively participates 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 felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.
(b)
(1)
Except as provided in paragraphs (4) and (5), a person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that
felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the person has been convicted, be punished as follows:
(A)
Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion.
(B)
If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.
(C)
If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.
(2)
If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private
elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1).
(3)
The court shall order the imposition of the middle term of the sentence enhancement, unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentencing enhancements on the record at the time of the sentencing.
(4)
A person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life
imprisonment with a minimum term of the indeterminate sentence calculated as the greater of:
(A)
The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraph (B) or (C) of this paragraph.
(B)
Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55.
(C)
Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519;
or threats to victims and witnesses, as defined in Section 136.1.
(5)
Except as provided in paragraph (4), a person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.
(c)
If the court grants probation or suspends the execution of sentence imposed upon the defendant for a violation of subdivision (a), or in cases involving a true finding of the enhancement enumerated in subdivision (b), the court shall require that the defendant serve a minimum of 180 days in a county jail as a condition thereof.
(d)
A person who is convicted of a public offense, punishable as a felony or a misdemeanor, that is committed for the benefit of, at the direction of, or in association with, a criminal
street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in a state prison for one, two, or three years, provided that a person sentenced to imprisonment in the county jail shall be imprisoned for a period not to exceed one year, but not less than 180 days, and shall not be eligible for release upon completion of sentence, parole, or any other basis, until the person has served 180 days. If the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in a county jail.
(e)
(1)
As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of,
two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational:
(A)
Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245.
(B)
Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8.
(C)
Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8.
(D)
The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance as defined in Section 11007 of the Health and Safety Code.
(E)
Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246.
(F)
Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034 until January 1, 2012, and, on or after that date, subdivisions (a) and (b) of Section 26100.
(G)
Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13.
(H)
The intimidation of witnesses and victims, as defined in Section 136.1.
(I)
Grand theft, as defined in subdivision (a) or (c) of Section 487.
(J)
Grand theft of any firearm, vehicle, trailer, or vessel.
(K)
Burglary, as defined in Section 459.
(L)
Rape, as defined in Section 261.
(M)
Money laundering, as defined in Section 186.10.
(N)
Kidnapping, as defined in Section 207.
(O)
Mayhem, as defined in Section 203.
(P)
Aggravated mayhem, as defined in Section 205.
(Q)
Torture, as defined in Section 206.
(R)
Felony extortion, as defined in Sections 518 and 520.
(S)
Carjacking, as defined in Section 215.
(T)
The sale, delivery, or transfer of a firearm, as defined in Section 12072 until January 1, 2012, and, on or after that date, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(U)
Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101 until January 1, 2012, and, on or after that date, Section 29610.
(V)
Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422.
(W)
Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.
(X)
Prohibited possession of a firearm in violation of Section 12021 until January 1, 2012, and, on or after that date, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(Y)
Carrying a concealed firearm in violation of Section 12025 until January 1, 2012, and, on or after that date, Section 25400.
(Z)
Carrying a loaded firearm in violation of Section 12031 until January 1, 2012, and, on or after that date, Section 25850.
(2)
The currently charged offense shall not be used to establish the pattern of criminal gang activity.
(f)
As used in this
chapter, “criminal street gang” means an ongoing, organized 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 of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity.
(g)
As used in this chapter, to benefit, promote, further, or assist means to provide a common benefit to members of a gang where the common benefit is more than reputational. Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant.
(h)
Notwithstanding any other
law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(i)
Notwithstanding any other law, for each person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a conviction pursuant to subdivision (a) or (b) of this section, the offense shall be deemed one for which the state shall pay the rate of 100 percent of the per capita institutional cost of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, pursuant to former Section 912.5 of the Welfare and Institutions Code.
(j)
In order to secure a conviction or sustain a juvenile petition, pursuant to subdivision (a) it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of their time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required.
(k)
This section shall become operative on January 1, 2023.
Cal. Penal Code - PEN § 186.22a. Section 186.22a.
(a)
Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in subdivision (e) of Section 186.22 or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined,
abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
(b)
Any action for injunction or abatement filed pursuant to subdivision (a), including an action filed by the Attorney General, shall proceed according to the provisions of Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, except that all of the following shall apply:
(1)
The court shall not assess a civil penalty against any person unless that person knew or should have known of the unlawful acts.
(2)
No order of eviction or closure may be entered.
(3)
All injunctions issued shall be limited to those necessary to protect the health and safety of the residents or the public or those necessary to
prevent further criminal activity.
(4)
Suit may not be filed until 30-day notice of the unlawful use or criminal conduct has been provided to the owner by mail, return receipt requested, postage prepaid, to the last known address.
(c)
Whenever an injunction is issued pursuant to subdivision (a), or Section 3479 of the Civil Code, to abate gang activity constituting a nuisance, the Attorney General or any district attorney or any prosecuting city attorney may maintain an action for money damages on behalf of the community or neighborhood injured by that nuisance. Any money damages awarded shall be paid by or collected from assets of the criminal street gang or its members. Only members of the criminal street gang who created, maintained, or contributed to the creation or maintenance of the nuisance shall be personally liable for the payment of the damages awarded. In a civil action
for damages brought pursuant to this subdivision, the Attorney General, district attorney, or city attorney may use, but is not limited to the use of, the testimony of experts to establish damages suffered by the community or neighborhood injured by the nuisance. The damages recovered pursuant to this subdivision shall be deposited into a separate segregated fund for payment to the governing body of the city or county in whose political subdivision the community or neighborhood is located, and that governing body shall use those assets solely for the benefit of the community or neighborhood that has been injured by the nuisance.
(d)
No nonprofit or charitable organization which is conducting its affairs with ordinary care or skill, and no governmental entity, shall be abated pursuant to subdivisions (a) and (b).
(e)
Nothing in this chapter shall preclude any aggrieved person from
seeking any other remedy provided by law.
(f)
(1)
Any firearm, ammunition which may be used with the firearm, or any deadly or dangerous weapon which is owned or possessed by a member of a criminal street gang for the purpose of the commission of any of the offenses listed in subdivision (e) of Section 186.22, or the commission of any burglary or rape, may be confiscated by any law enforcement agency or peace officer.
(2)
In those cases where a law enforcement agency believes that the return of the firearm, ammunition, or deadly weapon confiscated pursuant to this subdivision, is or will be used in criminal street gang activity or that the return of the item would be likely to result in endangering the safety of others, the law enforcement agency shall initiate a petition in the superior court to determine if the item confiscated should be returned or
declared a nuisance.
(3)
No firearm, ammunition, or deadly weapon shall be sold or destroyed unless reasonable notice is given to its lawful owner if his or her identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner, at that person’s last known address by registered mail, that he or she has 30 days from the date of receipt of the notice to respond to the court clerk to confirm his or her desire for a hearing and that the failure to respond shall result in a default order forfeiting the confiscated firearm, ammunition, or deadly weapon as a nuisance.
(4)
If the person requests a hearing, the court clerk shall set a hearing no later than 30 days from receipt of that request. The court clerk shall notify the person, the law enforcement agency involved, and the district attorney of the date, time, and place of the hearing.
(5)
At the hearing, the burden of proof is upon the law enforcement agency or peace officer to show by a preponderance of the evidence that the seized item is or will be used in criminal street gang activity or that return of the item would be likely to result in endangering the safety of others. All returns of firearms shall be subject to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(6)
If the person does not request a hearing within 30 days of the notice or the lawful owner cannot be ascertained, the law enforcement agency may file a petition that the confiscated firearm, ammunition, or deadly weapon be declared a nuisance. If the items are declared to be a nuisance, the law enforcement agency shall dispose of the items as provided in Sections 18000 and 18005.
Cal. Penal Code - PEN § 186.23. Section 186.23.
This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection, or the activities of labor organizations or their members or agents.
Cal. Penal Code - PEN § 186.24. Section 186.24.
If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.
Cal. Penal Code - PEN § 186.25. Section 186.25.
Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to gangs and gang violence. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.
Cal. Penal Code - PEN § 186.26. Section 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, 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.
Cal. Penal Code - PEN § 186.28. Section 186.28.
(a)
Any person, corporation, or firm who shall knowingly supply, sell, or give possession or control of any firearm to another shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment if all of the
following apply:
(1)
The person, corporation, or firm has actual knowledge that the person will use the firearm to commit a felony described in subdivision (e) of Section 186.22, while actively participating in any criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal activity, as defined in subdivision (e) of Section 186.22.
(2)
The firearm is used to commit the felony.
(3)
A conviction for the felony violation under subdivision (e) of Section 186.22 has first been obtained of the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section.
(b)
This section shall only be applicable where the person is not convicted as a principal to the
felony offense committed by the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section.
Cal. Penal Code - PEN § 186.30. Section 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.
(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.
Cal. Penal Code - PEN § 186.31. Section 186.31.
At the time of sentencing in adult court, or at the time of the dispositional hearing in the juvenile court, the court shall inform any person subject to Section 186.30 of his or her duty to register pursuant to that section. This advisement shall be noted in the court minute order. The court clerk shall send a copy of the minute order to the law enforcement agency with jurisdiction for the last known address of the person subject to registration under Section
186.30. The parole officer or the probation officer assigned to that person shall verify that he or she has complied with the registration requirements of Section 186.30.
Cal. Penal Code - PEN § 186.32. Section 186.32.
(a)
The registration required by Section 186.30 shall consist of the following:
(1)
Juvenile registration shall include the following:
(A)
The juvenile shall appear at the law enforcement agency with a parent or guardian.
(B)
The law enforcement agency
shall serve the juvenile and the parent with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the juvenile belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22.
(C)
A written statement signed by the juvenile, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency.
(D)
The fingerprints and current photograph of the juvenile shall be submitted to the law enforcement agency.
(2)
Adult registration shall include the following:
(A)
The adult shall appear at the law enforcement agency.
(B)
The law enforcement agency shall serve the adult with a California Street Terrorism Enforcement and Prevention Act notification which shall include, where applicable, that the adult belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in subdivision (e) of Section 186.22.
(C)
A written statement, signed by the adult, giving any information that may be required by the law enforcement agency, shall be submitted to the law enforcement agency.
(D)
The fingerprints and current photograph of the adult shall be submitted to the law enforcement agency.
(b)
Within 10 days of changing his or her residence address, any person subject to Section 186.30 shall inform, in writing, the law enforcement agency with
whom he or she last registered of his or her new address. If his or her new residence address is located within the jurisdiction of a law enforcement agency other than the agency where he or she last registered, he or she shall register with the new law enforcement agency, in writing, within 10 days of the change of residence.
(c)
All registration requirements set forth in this article shall terminate five years after the last imposition of a registration requirement pursuant to Section 186.30.
(d)
The statements, photographs and fingerprints required under this section shall not be open to inspection by any person other than a regularly employed peace or other law enforcement officer.
(e)
Nothing in this section or Section 186.30 or 186.31 shall preclude a court in its discretion from imposing the registration
requirements as set forth in those sections in a gang-related crime.
Cal. Penal Code - PEN § 186.33. Section 186.33.
(a)
Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.
(b)
(1)
Any person who knowingly fails to register pursuant to Section 186.30 and is subsequently convicted of, or any person for whom a petition is subsequently sustained for a violation of, any of the offenses specified in Section 186.30, shall be punished by an additional term of imprisonment in the state prison for 16 months, or two or three years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for the enhancement choice on
the record at the time of sentencing.
(2)
The existence of any fact bringing a person under this subdivision shall be alleged in the information, indictment, or petition, and be either admitted by the defendant or minor in open court, or found to be true or not true by the trier of fact.
(c)
This section shall become operative on January 1, 2022.
Cal. Penal Code - PEN § 186.34. Section 186.34.
(a)
For purposes of this section and Sections 186.35 and 186.36, the following definitions apply:
(1)
“Criminal street gang” means an ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of crimes enumerated in paragraphs (1) to (25), inclusive, and paragraphs (31) to (33), inclusive, of subdivision (e) of Section 186.22 who have a common identifying sign, symbol, or name, and whose members individually or collectively engage in or have engaged in a pattern of definable criminal activity.
(2)
“Gang database” means any database
accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate.
(3)
“Law enforcement agency” means a governmental agency or a subunit of a governmental agency, and its authorized support staff and contractors, whose primary function is detection, investigation, or apprehension of criminal offenders, or whose primary duties include detention, pretrial release, posttrial release, correctional supervision, or the collection, storage, or dissemination of criminal history record information.
(4)
“Shared gang database” means a gang database that is accessed by an agency
or person outside of the agency that created the records that populate the database.
(b)
Notwithstanding subdivision (a), the following are not subject to this section, or Sections 186.35 and 186.36:
(1)
Databases that designate persons as gang members or associates using only criminal offender record information, as defined in Section 13102, or information collected pursuant to Section 186.30.
(2)
Databases accessed solely by jail or custodial facility staff for classification or operational decisions in the administration of the facility.
(c)
(1)
To the extent a local law enforcement agency elects to utilize a shared gang database 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 provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and the person’s 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.
(2)
The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for
the person’s parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for the person’s designation in the database.
(d)
(1)
(A)
A person, or, if the person is under 18 years of age, the person’s parent or guardian, or an attorney working on behalf of the person, may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and the name of the law enforcement agency that made the designation. A request pursuant to this paragraph shall be in writing.
(B)
If a person about
whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (e).
(2)
The law enforcement agency shall provide information requested under paragraph (1), 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.
(3)
The 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.
(e)
Subsequent to the notice described in subdivision (c) or the law enforcement agency’s response to an information request described in subdivision (d), the person designated or to be designated as a suspected gang member, associate, or affiliate, or the person’s parent or guardian if the person is under 18 years of age, 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, if the person is under 18 years of age, the person’s parent or guardian, with written verification of the agency’s decision within
30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. If the law enforcement agency does not provide a verification of the agency’s decision within the required 30-day period, the request to remove the person from the gang database shall be deemed denied. The person or, if the person is under 18 years of age, the person’s parent or guardian may petition the court to review the law enforcement agency’s denial of the request for removal and order the law enforcement agency to remove the person from the shared gang
database pursuant to Section 186.35.
(f)
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 any provision listed in Section 7920.505 of the Government Code.
Cal. Penal Code - PEN § 186.35. Section 186.35.
(a)
A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (e) of Section 186.34, may petition the court to review the law enforcement agency’s denial of the request for removal and to order the law enforcement agency to remove the person from the shared gang database. The petition may be brought by the person or the person’s attorney, or if the person is under 18 years of age, by his or her parent or guardian or an attorney on behalf of the parent or guardian.
(b)
The petition shall be filed and served within 90 calendar days of the agency’s mailing or personal service of the verification of
the decision to deny the request for removal from the shared gang database or the date that the request is deemed denied under subdivision (e) of Section 186.34. A proceeding under this subdivision is not a criminal case. The petition shall be filed in either the superior court of the county in which the local law enforcement agency is located or, if the person resides in California, in the county in which the person resides. A copy of the petition shall be served on the agency in person or by first-class mail. Proof of service of the petition on the agency shall be filed in the superior court. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(c)
The evidentiary record for the court’s determination of the petition shall be limited to the agency’s statement of the basis of its designation made pursuant to subdivision (c) or (d) of Section 186.34, and the documentation provided
to the agency by the person contesting the designation pursuant to subdivision (e) of Section 186.34.
(d)
If, upon de novo review of the record and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the person’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(e)
The fee for filing the petition is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the petition. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
Cal. Penal Code - PEN § 186.36. Section 186.36.
(a)
The Department of Justice is responsible for establishing regulations for shared gang databases. All shared gang databases shall comply with those regulations.
(b)
The department shall administer and oversee the CalGang database. Commencing January 1, 2018, the CalGang Executive Board shall not administer or oversee the CalGang database.
(c)
The department shall establish the Gang Database Technical Advisory Committee.
(d)
Each appointee to the committee, regardless of the appointing authority, shall have the following characteristics:
(1)
Substantial prior knowledge of issues related to gang intervention, suppression, or prevention efforts.
(2)
Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or organization he or she represents.
(3)
A willingness to serve on the committee and a commitment to contribute to the committee’s work.
(e)
The membership of the committee shall be as follows:
(1)
The Attorney General, or his or her designee.
(2)
The President of the California District Attorneys Association, or his or her designee.
(3)
The President of the California Public Defenders Association, or his or her designee.
(4)
A representative of organizations that specialize in gang violence intervention, appointed by the Senate Committee on Rules.
(5)
A representative of organizations that provide immigration services, appointed by the Senate Committee on Rules.
(6)
The President of the California Gang Investigators Association, or his or her designee.
(7)
A representative of community organizations that specialize in civil or human rights, appointed by the Speaker of the Assembly.
(8)
A person who has personal experience with a shared gang database as someone who is or was impacted by gang labeling, appointed by the Speaker of the Assembly.
(9)
The chairperson of the California Gang Node Advisory
Committee, or his or her designee.
(10)
The President of the California Police Chiefs Association, or his or her designee.
(11)
The President of the California State Sheriffs’ Association, or his or her designee.
(f)
The committee shall appoint a chairperson from among the members appointed pursuant to subdivision (e). The chairperson shall serve in that capacity at the pleasure of the committee.
(g)
Each member of the committee who is appointed pursuant to this section shall serve without compensation.
(h)
If a committee member is unable to adequately perform his or her duties, he or she is subject to removal from the board by a majority vote of the full committee.
(i)
A vacancy on the committee as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(j)
Committee meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(k)
The department, with the advice of the committee, shall promulgate regulations governing the use, operation, and oversight of shared gang databases. The regulations issued by the department shall, at minimum, ensure the following:
(1)
The system integrity of a shared gang database.
(2)
All law enforcement agency and criminal justice agency personnel who access a shared gang database undergo comprehensive and standardized training on the use of shared gang databases and related policies and procedures.
(3)
Proper criteria are established for supervisory reviews of all database entries and regular reviews of records entered into a shared gang database.
(4)
Reasonable measures are taken to locate equipment related to the operation of a shared gang database in a secure area in order to preclude access by unauthorized personnel.
(5)
Law enforcement agencies and criminal justice agencies notify the department of any missing equipment that could potentially compromise a shared gang database.
(6)
Personnel authorized to access a shared gang database are limited to sworn law enforcement personnel, nonsworn law enforcement support personnel, or noncriminal justice technical or maintenance personnel, including information technology and information security staff and contract employees, who have been subject to character or security clearance and who have received approved training.
(7)
Any records contained in a shared gang database are not disclosed for employment or military screening purposes.
(8)
Any records contained in a shared gang database are not disclosed for purposes of enforcing federal immigration law, unless required by state or federal statute or regulation.
(9)
The committee does not discuss or access individual records contained in a shared gang database.
(l)
The regulations issued by the department shall include, but not be limited to, establishing the following:
(1)
Policies and procedures for entering, reviewing, and purging documentation.
(2)
Criteria for designating a person as a gang member or associate that are unambiguous, not overbroad, and consistent with empirical research on gangs and gang membership.
(3)
Retention periods for information about a person in a shared gang database that is consistent with empirical research on the duration of gang membership.
(4)
Criteria for designating an organization as a criminal street gang and retention periods for information about criminal street gangs.
(5)
Policies and procedures for notice to a person in a shared gang database. This includes policies and procedures for when notification would compromise an active criminal investigation or the health or safety of a minor.
(6)
Policies and procedures for responding to an information request, a request for removal, or a petition for removal under Sections 186.34 and 186.35, respectively. This includes policies and procedures for a request or petition that could compromise an active criminal investigation or the health or safety of a minor.
(7)
Policies and procedures for sharing information from a shared gang database with a federal agency, multistate agency, or agency of another state that is otherwise denied access. This includes sharing of information with a partner in a joint task force.
(8)
Implementation of supervisory review procedures and periodic record reviews by law enforcement agencies and criminal justice agencies, and reporting of the results of those reviews to the department.
(m)
Shared gang databases shall be used and operated in compliance with all applicable state and federal regulations, statutes, and guidelines. These include Part 23 of Title 28 of the Code of Federal Regulations and the department’s Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities.
(n)
The department, with the advice of the committee, no later than January 1, 2020, shall promulgate regulations to provide for periodic audits of each CalGang node and user agency to ensure the accuracy, reliability, and proper use of the CalGang database. The department shall mandate the purge of any information for which a user agency cannot establish adequate support.
(o)
The department, with the advice of the committee, shall develop and implement standardized periodic training for everyone with access to the CalGang database.
(p)
Commencing February 15, 2018, and annually on February 15 thereafter, the department shall publish an annual report on the CalGang database.
(1)
The report shall include, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and
age, the following information for each user agency:
(A)
The number of persons included in the CalGang database on the day of reporting.
(B)
The number of persons added to the CalGang database during the immediately preceding 12 months.
(C)
The number of requests for removal of information about a person from the CalGang database pursuant to Section 186.34 received during the immediately preceding 12 months.
(D)
The number of requests for removal of information about a person from the CalGang database pursuant to Section 186.34 that were granted during the immediately preceding 12 months.
(E)
The number of petitions for removal of information about a person from the CalGang database
pursuant to Section 186.35 adjudicated in the immediately preceding 12 months, including their dispositions.
(F)
The number of persons whose information was removed from the CalGang database due to the expiration of a retention period during the immediately preceding 12 months.
(G)
The number of times an agency did not provide notice or documentation described in Section 186.34 because providing that notice or documentation would compromise an active criminal investigation, in the immediately preceding 12 months.
(H)
The number of times an agency did not provide notice or documentation described in Section 186.34 because providing that notice or documentation would compromise the health or safety of the designated minor, in the immediately preceding 12 months.
(2)
The report shall include the results from each user agency’s periodic audit conducted pursuant to subdivision (n).
(3)
The department shall post the report on the department’s Internet Web site.
(4)
The department shall invite and assess public comments following the report’s release, and each report shall summarize public comments received on prior reports and the actions taken in response to comments.
(q)
The department shall instruct all user agencies to review the records of criminal street gang members entered into a shared gang database to ensure the existence of proper support for each criterion for entry in the shared gang database.
(r)
(1)
The department shall instruct each CalGang node agency to purge from a shared gang database any record of a person entered into the database designated as a suspected gang member, associate, or affiliate that does not meet criteria for entry or whose entry was based upon the following criteria: jail classification, frequenting gang neighborhoods, or on the basis of an untested informant. Unsupported criteria shall be purged and the records of a person shall be purged if the remaining criteria are not sufficient
to support the person’s designation.
(2)
After the purge is completed, the shared gang database shall be examined using a statistically valid sample, pursuant to professional auditing standards to ensure that all fields in the database are accurate.
(s)
(1)
Commencing January 1, 2018, any shared gang database operated by law enforcement in California including, but not limited to, the CalGang database, shall be under a moratorium. During the moratorium, data shall not be added to the database. Data in the database shall not be accessed by participating agencies or shared with other entities. The moratorium on a shared gang database shall not be
lifted until the Attorney General certifies that the purge required in subdivision (r) has been completed. After the purge has been completed and before the department adopts the regulations required by this section, new data may be entered, provided the new data meets the criteria established by the conditions of the purge.
(2)
The department shall not use regulations developed pursuant to this section to invalidate data entries entered prior to the adoption of those regulations.
(t)
The department shall be responsible for overseeing shared gang database system discipline and conformity with all applicable state and federal regulations, statutes, and guidelines.
(u)
The department may enforce a violation of a state or federal law or regulation with respect to a shared gang database, or a violation of regulation,
policy, or procedure established by the department pursuant to this title by any of the following methods:
(1)
Letter of censure.
(2)
Temporary suspension of access privileges to the shared gang database system.
(3)
Revocation of access privileges to the shared gang database system.
(v)
The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for any individual who shares information from a shared gang database for employment or military screening purposes.
(w)
The department shall temporarily suspend access to a shared gang database system or revoke access to a shared gang database system for an individual who
shares information from a shared gang database for federal immigration law purposes, unless required by state or federal statute or regulation.
(x)
The department shall ensure that the shared gang database user account of an individual is disabled if the individual no longer has a need or right to access a shared gang database because he or she has separated from his or her employment with a user agency or for another reason.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026