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(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT A.B.
Assembly Bill No.
307 A SSEMBLY B ILLN O .
307–Assemblymen Flores, Fumo, Torres, Nguyen;
307–ASSEMBLYMEN FLORES , UMO , ORRES , N GUYEN ;
Assefa, Benitez-Thompson, Duran, Jauregui and Peters CHAPTER..........
ASSEFA , ENITEZ -THOMPSON , DURAN , AUREGUI AND P ETERS M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions governing the use of a gang database by a local law enforcement agency.
(BDR 14-897) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
This bill establishes provisions governing the use of a gang database by a local law enforcement agency.
law enforcement agency.
This bill provides that if a local law enforcement agency an opportunity to contest the registration must be provided to the person;
This bill provides that if a local law enforcement agencyal uses a gang database:
(2) aice and person registered in the database must be allowed to request removal of his or her registration in the database;
(1) if a person is registered in the database, written notice and an opportunity to contest the registration must be provided to the person;
and (3) any file relating to a person must be deleted from the database not later than 5 years after the date on which the person last had contact with the local law enforcement agency.
(2) a person registered in the database must be allowed to request removal of his or her registration in the database;
and (3) any file relating to a person must be deleted contact with the local law enforcement agency.
the date on which the person last had EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB307_R2* – 2 – (a) If a person is registered in the database, the local law enforcement agency must provide to the person written notice of his or her registration.
(a) If a person is registered in the database, the local law enforcement agency must provide to the person written notice of his or her registration.
(1) To submit to the local law enforcement agency a written statement or other evidence;
- 80th Session (2019) – 2 – (1) To submit to the local law enforcement agency a written statement or other evidence;
written statement or other evidence;
(1) By submitting to the local law enforcement agency a written statement or other evidence;
orw enforcement agency a (2) By requesting, in writing, an in-person interview with a interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is requesting removal of his or registration from the database.
or representative of the local law enforcement agency.
The in-person a interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is requesting removal of his or registration from the database.
and - *AB307_R2* – 3 – (3) Has as one of its common activities engaging in criminal activity punishable as a felony.
and (3) Has as one of its common activities engaging in criminal activity punishable as a felony.
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10.
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The provisions of this act apply to a person whose regSec.
The provisions of this act apply to a person whose registration is added to a gang database on or after July 1, 2019.
Sec.
This act becomes effective on July 1, 2019.ly 1, 2019.
This act becomes effective on July 1, 2019.
H - *AB307_R2*
~~~~~ 19 - 80th Session (2019)
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