California 2017-2018 Regular Session Status: Enacted

AB 90 — Criminal gangs.

Last action — Chaptered by Secretary of State - Chapter 695, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Street Terrorism Enforcement and Prevention Act (act) , provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. There is established within the Department of Justice the CalGang Executive Board, which is responsible for the administration, policy, and sustainability of the CalGang system, a shared gang database of statewide gang-related information. The act defines a "shared gang database" as having various attributes, including, among others, that the database 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. Existing law establishes a review and appeal process for a person to challenge his or her inclusion in a gang database. This bill would revise the definition of "shared gang database" for its purposes to mean any gang database that is accessed by an agency or person outside of the agency that created the database. The bill would also define "gang database" for its purposes as any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate. The bill would make the Department of Justice responsible for administering and overseeing any shared gang database in which California law enforcement agencies participate, and would provide that commencing January 1, 2018, the CalGang Executive Board would no longer administer or oversee the CalGang database. The bill would require the department to promulgate regulations governing the use, operation, and oversight of any shared gang database, including, among other things, establishing the requirements for entering and reviewing gang designations, the retention period for listed gangs, and the criteria for identifying gang members. The bill would require the department to establish the Gang Database Technical Advisory Committee with specified members to advise the department in promulgating regulations governing the use, operation, and oversight of shared gang databases, as specified. The bill would require the department to develop and implement standardized periodic training for all persons with access to the CalGang database. The bill would require the department, by January 1, 2020, to promulgate regulations to provide for periodic audits by law enforcement agencies and department staff to ensure the accuracy, reliability, and proper use of any shared gang database, and to report the results of those audits to the public. The bill would require the department, commencing February 15, 2018, to publish and post on the department's Internet Web site an annual report regarding specified information about the CalGang database and the periodic audits. The bill would impose a moratorium on the use of the CalGang database commencing January 1, 2018, until the Attorney General certifies that specified information has been purged from the CalGang database. The bill would recast, as a petition process, the review and appeal process that authorizes challenges to the inclusion in a shared gang database, and would make additional conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 695, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 32. Page 3391.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 14. Page 2852.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

  12. In committee: Referred to APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 11).

  15. Referred to Com. on PUB. S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 36. Page 2070.)

  18. Read third time and amended. Ordered to third reading. (Page 1775.)

  19. Assembly Rule 69(b) suspended. (Page 1755.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 10. Noes 6.) (May 26).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 18). Re-referred to Com. on APPR.

  24. Re-referred to Com. on PUB. S.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  26. Re-referred to Com. on PUB. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. Referred to Com. on PUB. S.

  29. From printer. May be heard in committee February 9.

  30. Read first time. To print.

Sponsors

  • Mendoza · Cosponsor
  • Weber · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 17 voted No

Sponsors (1)

  • Weber

Co-sponsors (1)

  • Mendoza

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 90 Weber Concurrence in Senate Amendments

Passed 42 Yea · 32 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 322204
Democratic 10401
Republican 0600
Total 423205
% of votes cast 53%41%0%6%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Quirk — Yea
Ting — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Low — Yea
Medina — Yea
Chau — Yea
Chu — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Burke — Yea
Gray — Yea
Bocanegra — Yea
Rubio — Yea
Frazier — Not Voting
Fong — Nay
Salas — Nay
Friedman — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Mayes — Nay
Chiu — Yea
Chávez — Nay
Cooper — Not Voting
McCarty — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Not Voting
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Not Voting
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Cooley — Nay
Cunningham — Nay
Dababneh — Nay
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB90 Weber et al. By Mitchell

Passed 25 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211301
Democratic 4100
Total 251401
% of votes cast 63%35%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Bradford — Yea
Hertzberg — Yea
Moorlach — Nay
Roth — Not Voting
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Fuller — Nay
Cannella — Nay
Dodd — Yea
Glazer — Yea
Portantino — Yea
Hernandez — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Beall — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Newman — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Nielsen — Nay
Hill — Yea
Beall — Yea
Lara — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Bradford — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 90 WEBER Assembly Third Reading

Passed 42 Yea · 36 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 322601
Democratic 10500
Republican 0501
Total 423602
% of votes cast 53%45%0%3%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Mathis — Nay
Mullin — Yea
Rodriguez — Not Voting
Thurmond — Yea
Voepel — Nay
Wood — Yea
Eggman — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
Gray — Yea
Quirk — Yea
Bocanegra — Yea
Rubio — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Fong — Nay
Salas — Nay
Harper — Nay
Kiley — Nay
Maienschein — Nay
Mayes — Nay
Melendez — Nay
Chiu — Yea
Baker — Nay
Chávez — Nay
Cooley — Nay
Cooper — Nay
O'Donnell — Nay
Obernolte — Nay
Steinorth — Nay
Waldron — Nay
Cunningham — Nay
Dababneh — Nay
Daly — Nay
Frazier — Nay
Friedman — Yea
Gomez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 90 do?
Existing law, the California Street Terrorism Enforcement and Prevention Act (act) , provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. There is established within the Department of Justice the CalGang Executive Board, which is responsible for the administration, policy, and sustainability of the CalGang system, a shared gang database of statewide gang-related information. The act defines a "shared gang database" as having various attributes, including, among others, that the database 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. Existing law establishes a review and appeal process for a person to challenge his or her inclusion in a gang database. This bill would revise the definition of "shared gang database" for its purposes to mean any gang database that is accessed by an agency or person outside of the agency that created the database. The bill would also define "gang database" for its purposes as any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate. The bill would make the Department of Justice responsible for administering and overseeing any shared gang database in which California law enforcement agencies participate, and would provide that commencing January 1, 2018, the CalGang Executive Board would no longer administer or oversee the CalGang database. The bill would require the department to promulgate regulations governing the use, operation, and oversight of any shared gang database, including, among other things, establishing the requirements for entering and reviewing gang designations, the retention period for listed gangs, and the criteria for identifying gang members. The bill would require the department to establish the Gang Database Technical Advisory Committee with specified members to advise the department in promulgating regulations governing the use, operation, and oversight of shared gang databases, as specified. The bill would require the department to develop and implement standardized periodic training for all persons with access to the CalGang database. The bill would require the department, by January 1, 2020, to promulgate regulations to provide for periodic audits by law enforcement agencies and department staff to ensure the accuracy, reliability, and proper use of any shared gang database, and to report the results of those audits to the public. The bill would require the department, commencing February 15, 2018, to publish and post on the department's Internet Web site an annual report regarding specified information about the CalGang database and the periodic audits. The bill would impose a moratorium on the use of the CalGang database commencing January 1, 2018, until the Attorney General certifies that specified information has been purged from the CalGang database. The bill would recast, as a petition process, the review and appeal process that authorizes challenges to the inclusion in a shared gang database, and would make additional conforming changes.
Who sponsors AB 90?
AB 90 is sponsored by Mendoza and Weber.
What is the current status of AB 90?
This bill has been enacted into law. Introduced January 09, 2017. Enacted.
Where can I track AB 90?
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