BILL NUMBER: AB 1842INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gilmore FEBRUARY 12, 2010 An act to amend Section 186.26 of the Penal Code, relating to gangs. LEGISLATIVE COUNSEL'S DIGEST AB 1842, as introduced, Gilmore. Gangs: recruitment. Existing law makes it a felony for any person to solicit or recruit another to actively participate in a criminal street gang, as defined, with the intent that the person solicited or recruited participate in a pattern of criminal street gang activity. This bill would instead make it a felony for any person to solicit or recruit another to actively participate in a criminal street gang with the intent that the person solicited or recruited actively participate in the criminal street gang. Because this bill would create a new crime, it would impose a state mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 186.26 of the Penal Code is amended to read: 186.26. (a) Any person who solicits or recruits another to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, with the intent that the person solicited or recruitedparticipate in a pattern of criminal street gang activity, as defined in subdivision (e) of Section 186.22,actively participate i n the criminal street gang or with the intent that the person solicited or recruited promote, further, or assist in any felonious conduct by members of the criminal street gang, shall be punished by imprisonment in the state prison for 16 months, or two or three years. (b) Any person who threatens another person with physical violence on two or more separate occasions within any 30-day period with the intent to coerce, induce, or solicit any person to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, shall be punished by imprisonment in the state prison for two, three, or four years. (c) Any person who uses physical violence to coerce, induce, or solicit another person to actively participate in any criminal street gang, as defined in subdivision (f) of Section 186.22, or to prevent the person from leaving a criminal street gang, shall be punished by imprisonment in the state prison for three, four, or five years. (d) If the person solicited, recruited, coerced, or threatened pursuant to subdivision (a), (b), or (c) is a minor, an additional term of three years shall be imposed in addition and consecutive to the penalty prescribed for a violation of any of these subdivisions. (e) Nothing in this section shall be construed to limit prosecution under any other provision of law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.