California Senate Bill SB458 Amended / Bill

 BILL NUMBER: SB 458AMENDED BILL TEXT 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 Prez, 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, as amended, 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. 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: 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. (a) For purposes of this section, "shared gang database" shall mean any database that allows access for any local law enforcement agency and 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. (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. (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 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. (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  maintained pursuant to   , as defined in  this  section   section,  shall retain records related to the gang activity of the individuals in the database as follows: (1) A record that has not been modified by the addition of new criteria to determine gang profile for a five-year period shall be purged. Individuals who are in custody shall be subject to the same purge policy under this paragraph. (2) A record created by an agency shall not be purged pursuant to paragraph (1) if that record has been substantially modified by another end user agency. For the purpose of this subdivision, substantially modified means  that gang member criteria is renewed or added   the addition of new gang member criteria  to the subject's record or the subject has a new arrest record  with a gang nexus  in his or her record. (g)  Nothing   Except   as expressly allowed by this section, 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.