California 2015-2016 Regular Session Status: Enacted

AB 2298 — Criminal gangs.

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

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  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 February 18, 2016. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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. 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 requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person's parent or guardian, if the person is a minor. This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department's Internet Web site. By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program. The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

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

  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 29. Page 6384.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 9. Page 5276.).

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

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

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

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 34. Page 5196.)

  14. Read second time. Ordered to third reading.

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

  16. From committee: Amend, and do pass as amended. (Ayes 13. Noes 7.) (May 27).

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

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.

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

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

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

  24. Referred to Com. on PUB. S.

  25. From printer. May be heard in committee March 20.

  26. Read first time. To print.

Sponsors

  • Mitchell · Cosponsor
  • Leno · Cosponsor
  • Weber · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 12 voted No

Sponsors (1)

  • Weber

Co-sponsors (2)

  • Mitchell
  • Leno

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 2298 WEBER Concurrence in Senate Amendments

Passed 42 Yea · 29 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 382408
Democratic 4100
Republican 0401
Total 422909
% of votes cast 53%36%0%11%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Linder — Nay
Low — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Nay
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Not Voting
Frazier — Nay
Campos — Yea
Gatto — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Dababneh — Yea
Medina — Yea
Nazarian — Yea
Gomez — Yea
Atkins — Yea
Gordon — Yea
Burke — Yea
Salas — Nay
Chang — Not Voting
Harper — Nay
Holden — Yea
Kim — Nay
Levine — Yea
Maienschein — Nay
Mayes — Not Voting
McCarty — Yea
Melendez — Nay
Alejo — Nay
Chau — Yea
Chiu — Not Voting
Chu — Yea
Chávez — Nay
Cooley — Yea
Daly — Not Voting
Dodd — Not Voting
Obernolte — Nay
Olsen — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Williams — Nay
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2298 Weber By Mitchell

Passed 24 Yea · 9 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 22806
Democratic 2100
Total 24906
% of votes cast 62%23%0%15%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hill — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Galgiani — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Not Voting
Fuller — Nay
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Beall — Yea
Hueso — Yea
Huff — Not Voting
Leno — Yea
Leyva — Yea
Monning — Yea
Moorlach — Not Voting
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Not Voting
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

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
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Hill — Yea
Beall — Yea
McGuire, Mike 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
Mendoza — Yea
Nielsen — Yea
Lara — Yea
Hill — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2298 WEBER Assembly Third Reading

Passed 42 Yea · 34 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 382804
Democratic 4100
Republican 0500
Total 423404
% of votes cast 53%43%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brown — Yea
Holden — Yea
Linder — Nay
Maienschein — Nay
Mathis — Nay
Mayes — Nay
Medina — Yea
O'Donnell — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Not Voting
Ting — Yea
Waldron — Nay
Williams — Nay
Eggman — Yea
Daly — Yea
Bonilla — Yea
Gatto — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Atkins — Yea
Jones-Sawyer — Yea
Levine — Yea
Salas — Nay
Burke — Yea
Low — Yea
McCarty — Yea
Melendez — Nay
Campos — Yea
Mullin — Yea
Bigelow — Nay
Chau — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Nay
Dababneh — Yea
Dodd — Nay
Nazarian — Yea
Obernolte — Nay
Olsen — Nay
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Chang — Nay
Chiu — Not Voting
Hadley — Not Voting
Kim — Nay
Alejo — Not Voting
Baker — Nay
Brough — Nay
Steinorth — Nay
Wilk — Nay
Frazier — Nay
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 2000
Republican 0200
Total 13700
% of votes cast 65%35%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Chang — Nay
Daly — Yea
Bonilla — Yea
Holden — Yea
Obernolte — Nay
Santiago — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety
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 2298 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. 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 requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person's parent or guardian, if the person is a minor. This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department's Internet Web site. By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program. The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 2298?
AB 2298 is sponsored by Mitchell, Leno, and Weber.
What is the current status of AB 2298?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track AB 2298?
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