CA AB333

Requires that crimes forming a "pattern of criminal gang activity" must commonly benefit a criminal street gang with benefit beyond mere reputation, removing looting, felony vandalism, and certain identity fraud crimes from qualifying offenses.

Prohibits use of the currently charged crime to establish the pattern of criminal gang activity for gang enhancement purposes.

Requires bifurcated trials when gang enhancements are charged under subdivisions (b) or (d) of Penal Code Section 186.22 upon defense request, with guilt on underlying offense determined first, followed by separate proceedings on the enhancement.

Redefines "criminal street gang" to require members to "collectively" engage in criminal gang activity, and clarifies that "benefit, promote, further, or assist" means providing common benefit more than reputational, with examples including financial gain, retaliation, or witness intimidation.

Extends until January 1, 2023 the requirement that courts select sentences that best serve the interests of justice, rather than defaulting to the middle term of enhancements.