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CA AB2298

Bill

Status

Passed

9/28/2016

Primary Sponsor

Shirley Weber

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Requires law enforcement agencies to provide written notice to a person (and parent/guardian if under 18) before designating them as a suspected gang member, associate, or affiliate in a shared gang database.

  • Mandates local law enforcement agencies to submit annual reports to the Department of Justice starting January 15, 2018, containing data on persons in gang databases broken down by ZIP code, referring agency, race, gender, and age.

  • Establishes a superior court appeal process for persons designated in a shared gang database who contested their designation and were denied removal, requiring law enforcement to prove gang membership status by clear and convincing evidence.

  • Requires shared gang databases to comply with federal privacy and accuracy requirements under Part 23 of Title 28 of the Code of Federal Regulations.

  • Sets the filing fee for appeals to superior court regarding gang database designations at $25, with the fee reimbursed to the person if the court rules in their favor.

Legislative Description

Criminal gangs.

Last Action

Chaptered by Secretary of State - Chapter 752, Statutes of 2016.

9/28/2016

Committee Referrals

Appropriations6/22/2016
Public Safety6/9/2016
Rules6/6/2016
Appropriations4/13/2016
Public Safety3/17/2016

Full Bill Text

No bill text available