AB 829: Gangs: shared gang databases.

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. Existing law requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney Generals 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. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting the designation and requires the local law enforcement agency to provide written verification of its decision within 60 days.

This bill would instead require a local law enforcement agency to provide written notice to a person, or if the person is under 18 years of age, his or her parent or guardian, prior to making the designation described above. This bill would authorize a person or his or her parent or guardian, as applicable, to request information regarding the status of the person in a shared gang database, and would require the law enforcement agency to provide that information, subject to specified exceptions. This bill would authorize that person, or his or her parent or guardian, as applicable, to contest the designation and request removal of information from the database in writing, on the ground that the person is not and has never been a gang member, associate, or affiliate. This bill would authorize a person whose written request for removal is denied to appeal the decision at an administrative hearing conducted by a hearing officer, as specified. This bill would authorize that person to request a review of an unfavorable decision of the hearing officer, and would authorize that person to commence an action to seek review of an unfavorable decision after review by a court of competent jurisdiction, as specified. This bill would require a local law enforcement agency to remove or cause to be removed a person designated in a shared gang database based on specified criteria, or if the designation is successfully contested, and to notify the person and his or her parent or guardian, as applicable, upon removal. This bill would require the Department of Justice to annually report specified information relating to requests for removal and removal of persons from the CalGang shared gang database system.

Existing law authorizes the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award.

This bill would prohibit the board from denying an application for compensation on the basis of the applicants membership in, association with, or affiliation with, a gang, or on the basis of the applicants designation as a suspected gang member, associate, or affiliate in a shared gang database, as defined.