AB 333 — Participation in a criminal street gang: enhanced sentence.

Summary

Existing law makes it a crime, punishable as either a misdemeanor or a felony, to actively participate in a criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity and to actively promote, further, or assist in felonious criminal conduct by members of that gang. Existing law provides for an enhanced sentence, as specified, for a person who is convicted of a crime committed for the benefit of, at the direction of, or in association with, a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by the gang members. Existing law defines "pattern of criminal gang activity" for this purpose as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of 2 or more of a list of specified offenses, provided at least one of these offenses occurred after the effective date of these provisions and the last of those offenses occurred within 3 years after a prior offense, and the offenses were committed on separate occasions, or by 2 or more persons. Under existing law, the specified offenses to form a pattern of criminal gang activity include, among others, burglary, looting, felony vandalism, and various personal identity fraud crimes. This bill would also require that the crimes committed to form a pattern of criminal gang activity have commonly benefited a criminal street gang and that the common benefit from the offenses be more than reputational, as specified. The bill would remove looting, felony vandalism, and specified personal identity fraud violations from the crimes that define a pattern of criminal gang activity. The bill would prohibit the use of the currently charged crime to prove the pattern of criminal gang activity. This bill would require, if requested by the defense in a case where a sentencing enhancement for participation in a criminal street gang is charged, that the defendant's guilt of the underlying offense first be proved and that a further proceeding on the sentencing enhancement occur after a finding of guilt. The bill would require that a charge for active participation in a criminal street gang be tried separately from all other counts that do not otherwise require gang evidence as an element of the crime. For purposes of the enhancement, existing law defines "criminal street gang" as an ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the enumerated criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in, or have engaged in, a pattern of criminal gang activity. This bill, instead, would define "criminal street gang" as an ongoing, organized organization or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the enumerated criminal acts, having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity. Existing law, until January 1, 2022, requires the court, when applying the enhancement, to select the sentence that best serves the interests of justice. Existing law, on and after January 1, 2022, requires the court to instead order the imposition of the middle term of the sentence enhancement, unless there are circumstances in aggravation or mitigation. This bill would extend to January 1, 2023, the requirement that the court select the sentence that best serves the interest of justice.

Bill Text

• Chaptered 10/08/21 - Chaptered Current pdf October 08, 2021
• Enrolled 09/10/21 - Enrolled pdf September 10, 2021
• Amended 07/13/21 - Amended Senate pdf July 13, 2021
• Amended 05/28/21 - Amended Assembly pdf May 28, 2021
• Amended 03/30/21 - Amended Assembly pdf March 30, 2021
• Amended 03/24/21 - Amended Assembly pdf March 24, 2021
• Introduced 01/27/21 - Introduced pdf January 27, 2021
• AB333 View text html

Action History

1. October 08, 2021

   Chaptered by Secretary of State - Chapter 699, Statutes of 2021.

2. October 08, 2021

   Approved by the Governor.

3. September 15, 2021

   Enrolled and presented to the Governor at 5 p.m.

4. September 08, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 41. Noes 30. Page 2927.).

5. September 02, 2021

   Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.)

6. September 01, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

7. September 01, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 2284.).

8. August 26, 2021

   Read second time. Ordered to third reading.

9. August 26, 2021

   From committee: Do pass. (Ayes 5. Noes 2.) (August 26).

10. August 16, 2021

    In committee: Referred to suspense file.

11. July 13, 2021

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

12. July 12, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 6).

13. June 16, 2021

    Referred to Coms. on PUB. S. and APPR.

14. June 07, 2021

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

15. June 03, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 27. Page 1905.)

16. May 28, 2021

    Read third time and amended. Ordered to third reading. (Page 1688.)

17. May 28, 2021

    Ordered to third reading.

18. May 28, 2021

    Reconsideration granted. (Page 1688.)

19. May 17, 2021

    Motion to reconsider made by Assembly Member Gray.

20. May 17, 2021

    Read third time. Refused passage. (Ayes 38. Noes 27. Page 1434.).

21. April 08, 2021

    Read second time. Ordered to third reading.

22. April 07, 2021

    From committee: Do pass. (Ayes 6. Noes 2.) (April 6).

23. April 05, 2021

    Re-referred to Com. on PUB. S.

24. March 30, 2021

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

25. March 25, 2021

    Re-referred to Com. on PUB. S.

26. March 24, 2021

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

27. February 12, 2021

    Referred to Com. on PUB. S.

28. January 28, 2021

    From printer. May be heard in committee February 27.

29. January 27, 2021

    Read first time. To print.

Sponsors

• Kamlager · Primary

Votes

Subjects