California 2015-2016 Regular Session Status: In Committee

AB 829 — Gangs: shared gang databases.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Street Terrorism Enforcement and Prevention Act, makes it unlawful to engage in criminal gang activity, including actively participating in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and willfully promoting, furthering, or assisting in any felonious criminal conduct by members of the gang. Existing law requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General's office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting the designation and requires the local law enforcement agency to provide written verification of its decision within 60 days. This bill would instead require a local law enforcement agency to provide written notice to a person, or if the person is under 18 years of age, his or her parent or guardian, prior to making the designation described above. This bill would authorize a person or his or her parent or guardian, as applicable, to request information regarding the status of the person in a shared gang database, and would require the law enforcement agency to provide that information, subject to specified exceptions. This bill would authorize that person, or his or her parent or guardian, as applicable, to contest the designation and request removal of information from the database in writing, on the ground that the person is not and has never been a gang member, associate, or affiliate. This bill would authorize a person whose written request for removal is denied to appeal the decision at an administrative hearing conducted by a hearing officer, as specified. This bill would authorize that person to request a review of an unfavorable decision of the hearing officer, and would authorize that person to commence an action to seek review of an unfavorable decision after review by a court of competent jurisdiction, as specified. This bill would require a local law enforcement agency to remove or cause to be removed a person designated in a shared gang database based on specified criteria, or if the designation is successfully contested, and to notify the person and his or her parent or guardian, as applicable, upon removal. This bill would require the Department of Justice to annually report specified information relating to requests for removal and removal of persons from the CalGang shared gang database system. Existing law authorizes the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award. This bill would prohibit the board from denying an application for compensation on the basis of the applicant's membership in, association with, or affiliation with, a gang, or on the basis of the applicant's designation as a suspected gang member, associate, or affiliate in a shared gang database, as defined.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Article IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  4. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 14). Re-referred to Com. on JUD.

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

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

  7. Referred to Coms. on PUB. S. and JUD.

  8. From printer. May be heard in committee March 29.

  9. Read first time. To print.

Sponsors

  • Nazarian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Nazarian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Reconsideration.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Holden — Yea
Chau — Yea
Chiu — Yea
O'Donnell — Yea
Wagner — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Yea

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 829 do?
Existing law, the California Street Terrorism Enforcement and Prevention Act, makes it unlawful to engage in criminal gang activity, including actively participating in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and willfully promoting, furthering, or assisting in any felonious criminal conduct by members of the gang. Existing law requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General's office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting the designation and requires the local law enforcement agency to provide written verification of its decision within 60 days. This bill would instead require a local law enforcement agency to provide written notice to a person, or if the person is under 18 years of age, his or her parent or guardian, prior to making the designation described above. This bill would authorize a person or his or her parent or guardian, as applicable, to request information regarding the status of the person in a shared gang database, and would require the law enforcement agency to provide that information, subject to specified exceptions. This bill would authorize that person, or his or her parent or guardian, as applicable, to contest the designation and request removal of information from the database in writing, on the ground that the person is not and has never been a gang member, associate, or affiliate. This bill would authorize a person whose written request for removal is denied to appeal the decision at an administrative hearing conducted by a hearing officer, as specified. This bill would authorize that person to request a review of an unfavorable decision of the hearing officer, and would authorize that person to commence an action to seek review of an unfavorable decision after review by a court of competent jurisdiction, as specified. This bill would require a local law enforcement agency to remove or cause to be removed a person designated in a shared gang database based on specified criteria, or if the designation is successfully contested, and to notify the person and his or her parent or guardian, as applicable, upon removal. This bill would require the Department of Justice to annually report specified information relating to requests for removal and removal of persons from the CalGang shared gang database system. Existing law authorizes the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award. This bill would prohibit the board from denying an application for compensation on the basis of the applicant's membership in, association with, or affiliation with, a gang, or on the basis of the applicant's designation as a suspected gang member, associate, or affiliate in a shared gang database, as defined.
Who sponsors AB 829?
AB 829 is sponsored by Nazarian.
What is the current status of AB 829?
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 829?
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Last checked for changes 3 months ago · updated continuously

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