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RYAN COOPER
mvranicar@cdaa.org
4/13/2015 2:05 PM
RE: Are you tracking AB 829?

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916.4-13.2017 - www.cdaa.org

April 9, 2015
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irNi N ice President
PATRICK 1. Alc6121111
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Immediate Past President
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Riverside Coi
LISA S. GREEN
Kern Counts

The Honorable Adrin Nazarian
California State Assembly
State Capitol
Sacramento, CA 95814
RE: AB 829 - Oppose
Dear Assemblymember Nazarian:
On behalf of the California District Attorneys Association(CDAA), I regret to inform you
that we are opposed to your measure, AB 829, as amended on March 26, 2015. This bill
would create a notification process for anyone whose name is placed in a law enforcement
shared gang database, as well as three opportunities for appeal, during which law
enforcement agencies would be required to share sensitive information with the suspected
gang member.
Under AB 829, once a suspected gang member is notified of his or her placement in a shared
gang database, they can contest the designation (new PC 186.44). If the law enforcement
agency denies that request, they must state the reasons for the suspect's inclusion in the
database. This is tantamount to allowing a suspect to view sensitive intelligence that the law
enforcement agency has collected. The suspect would then be able to request an
administrative hearing(new PC 186.460), which the law enforcement agency would be
required to grant. During that hearing (which could be considerably delayed in light of the
two continuances that the agency would be required to grant), the suspect may subpoena
officers, documents, and other sensitive information. If the hearing officer finds that the
suspect should not be removed from the database, the suspect may request another review of
that decision (new PC 186.472), which the law enforcement agency is again required to grant.
In addition to the policy concerns that AB 829 raises, the cost of preparing and staffing these
hearings would be overwhelming.

DA VII) I IA

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Akuile(1,1Cirunly
NVLNI/1" PATRICK
41, I ri,•.,j() COLIFIty

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(tr<ty:::( .n[,

It's hard to imagine any other instance in which we would let a suspect, during an
investigation, invade police deliberations with a hearing (or, in this case, three) on whether he
or she should continue to be a suspect.
This is an unnecessary and costly intrusion into the investigative process that compromises
gang intelligence operations. For these reasons we must respectfully oppose AB 829.
I greatly appreciate your consideration of our concerns. If you would like to discuss these
issues further, please do not hesitate to contact me.
Very truly yours,

n61'101 31:8
Shasta 4 OW
MICHAEL J. NtRALIBURN
Kern County

CEO
MARK /„AlINNR

Sean Hoffman
Director of Legislation
Cc: Members and Staff of the Assembly Committee on Public Safety
Gary Olson, Republican Consultant

 AMENDED IN ASSEMBLY MARCH 26,2015
meesa—mm-In
ASSEMBLY BILL

No.829

Introduced by Assembly Member Nazarian
February 26, 2015

An act to amend 13825.2..rfSection 13956 ofthe Government Code,
to add Sections 186.36, 18638. 18640. 18642, 186.44, 186.460,
/86.462. 186464. 186466. 186.468. 186.470. 186472, 186.474.
/86.476. and /86.478 to. to add the headings ofArticle I(commencing
with Section 186.20), Article 2 (commencing with Section /86.22).
Article 3(commencing with Section /86.30),andArticle 4(commencing
with Section /86.34)10 Chapter 11 ofTide 7 ofPart Ito. and to repeal
and add Section 186.34 of the Penal Code, relating to gangs.
MINSINSINI MINNOW'S NUNS

AR 829, as amended, Nazarian. elfrGangs: shared gang
databases.
Existing law. the California Street 'terrorism EMOtrement 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
criminalgang activity and willfully promoting.furthering. or assisting
in anyfelonious criminalconduct by members ofthe gang. Existing law
requires, prior to a local law enforcement agency designating. or
submitting a document to the Attorney General's office* the purpose
ofdesignating. a person as a gang member, associate, or affiliatein a
shared gang database. as defined,the locallaw enfor cement agency to
provide written notice to the person and his or her parent or guardian
of the designation and the basisfor the designation if the person is
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under IS years ofage. except as specifiedExisting law authorizes the
person or his or herparent or guardian to submit written documentation
contesting the designation and requires the local law enforcement
agency to provide written verification ofits decision within 60 days.
This bill would instead require a local law enforcement agency to
provide written notice to a person, or ifthe person is under 18 years
ofage, his or her parent or guardian. prior to making the designation
describedabove. This bill wouldauthorize aperson 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 ofinformationfrom 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 deniedto appealthe decision at an administrative hearing
conducted by a hearing officer, as specified. This bill would authorize
thatperson to requesta review ofan unfavorable decision ofthe hearing
officer: and would authorize that person to commence an action to seek
review ofan unfavorable decision after review by a court ofcompetent
jurisdiction,asspecified This bill wouldrequire a locallaw enforcement
agency to remove or cause to be removed a person designated in a
sharedgang database based on specifiedcriteria. or ifthe designation
is successfully contested and to notify thethe person and his or her parent
or guardian. as applicable, upon removal This bill would-require the
Department °Pumice to annually report specifiednformation r elating
to requests jar 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 appropriatedfund for specifiedlosses suffered
as a result of those crimes. Existing law sets forth eligibility
requirements and specffiedlimits on the amount ofcompensation the
board may award.
This hill would prohibit the boardfrom denying an applicationfor
compensation on the basis ofthe applicant S membership in. association
with. or affiliation with. a gang. or on the basis of the applicant's

9$

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—

AB 829

designation as a suspected gang member, associate,or affiliate in a
shared gang database, as defined
ee
Picttsadita; P rticistap Plograin to be ad;ll;llistered by the Dxpartaita it
tttioixaxt in xonimuuttixs with a
i
xuxx
8986.
,19.8.,
speeified.
Thht hill would Euaktx, a tccInii,“1, uotisatitaathic el;augt to that
pot ;shy;.
a
Wes. Illgraphaln on. Mhollirmalta tope
lard imormin
The people ofthe State ofCalifornia do enact asfollows:
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SECTION 1. Section 13956 of the Government Code is
amended to read:
13956. Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:
(a) An application shall be denied if the board findsthat the
victim or, if compensation is sought by or on behalfofa derivative
victim, either the victim or derivative victim, knowingly and
willingly participated in the commission ofthe crime that resulted
in the pecuniary loss for which compensation is being sought
pursuant to this chapter. However,this subdivision shall not apply
if the injury or death occurred as a direct result of a crime
committed in violation of Section 261,262,or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation
of subdivision (d) of Section 261.5 of, the Penal Code.
(b) (I) An application shall be denied if the board findsthat
the victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable,
the board shall consider the victim's or derivative victim's age,
physical condition, and psychological state, cultural or linguistic
barriers. any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim's family or
the derivative victim or the derivative victim's family, and giving

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due consideration to the degree ofcooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors.
(2) An application for a claim based on domestic violence shall
not be denied solely because no police report was made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occun:ed. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or the fact that the victim has obtained a temporary
or permanent restraining order, or all of these.
(3) An application for a claim based on human traffickingas
definedin Section 236.1 of the Penal Code shall not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human traffickingrelying
upon evidence other than a police report to establish that a human
traffickingcrime as definedin Section 236.1 of the Penal Code
has occurred. That evidence may include any reliable corroborating
information approved by the board. including, but not limited to,
the fol lowing:
(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.
(B) A human trafficking case worker as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.
(4)(A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not
be denied solely because it was not reported to a superior officer
or law enforcement at the time of the crime.
(B) Factors that the board shall consider for purposes of
determining if a claim qualifiesfor compensation include, but are
not limited to, the evidence of the following:
(i) Restricted or unrestricted reports to a military victim
advocate. sexual assault response coordinator, chaplain, attorney,
or other military personnel.
(ii) Medical or physical evidence consistent with sexual assault.
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(iii) A written or oral report from military law enforcement or
a civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.
(iv) A letter or other written statement from a sexual assault
counselor, as delinedin Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation ofsexual assault.
(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.
(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.
(vii) Other behavior by the victim consistent with sexual assault.
(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military service, including deployment.
(D) For purposes of this subdivision, the sexual assault may
have been committed offbase.
(E) For purposes of this subdivision, a "perpetrator" means an
individual who is any of the following at the time of the sexual
assault:
(i) An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard.
(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.
(iii) A contractor or agent ofa private military or private security
company.
(iv) A member of the California National Guard.
(F) For purposes of this subdivision,"sexual assault" means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
the Penal Code, as of the date the act that added this paragraph
was enacted.
(c) An application for compensation may be denied, in whole
or in part, if the board findsthat denial is appropriate because of
the nature of the victim's or other applicant's involvement in the
events leading to the crime or the involvement ofthe persons whose
injury or death gives rise to the application. In the case ofa minor,
the board shall consider the minor's age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor's application should
be denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
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derivative victim of traffickingunder 18 years of age may not be
denied on the basis of the denial of the victim's application under
this subdivision.
(d)(I)Notwithstanding Section 13955, no person who is
convicted of a felony may be granted compensation until that
person has been discharged from probation or has been released
from a correctional institutionand has been discharged from parole.
if any. In no case shall compensation be granted to an applicant
pursuant to this chapter during any period of time the applicant is
held in a correctional institution.
(2) A person who has been convicted ofa felony may apply for
compensation pursuant to this chapter at any time, but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(I).
(3) Applications of victims who are not felons shall receive
priority in the award ofcompensation over an applicationsubm Med
by a felon who has met the requirements for compensation set
forth in paragraph (I).
(e) The board shall not deny an applicationfor compensation
on the basis ofthe applicant's membership in, association with.
or affiliationwith 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 definedin Section 186.34 of the
Penal Code.
SEC. 2. The heading of Article I (commencing with Section
186.20) is added to Chapter II of Title 7 ofPart I of the Penal
Code. to read:
Article 1. Tide And Intent
SEC. 3. The heading of Article 2(commencing with Section
186.22) is added to Chapter 11 of Tide 7 ofPart 1 of the Penal
Code. to read:
Article 2. Violations OfTice Act
SEC. 4. The heading of Article 3(commencing with Section
186.30) is added to Chapter II of Tide 7 of Part I of the Penal
Code, to read:

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Article 3. Registration With Local Law Enforcement Agency
SEC. 5. The heading ofArticle 4(commencing with Section
/86.34) is added to Chapter I I of Title 7 ofthe Penal Code, to
read:
Article 4. Shared Gang Databases
SEC. 6. Section 186.34 ofthe Penal Code is repealed
186.34. (a) (13--For-rurposes-of-tif:
*ri-meettea—lahereti-gatts
90--Allews ttee,..-tis for atty-46e44ave-errfort,
ag .ray.
(44)--Gmfairetrersonofrith.,,Cf.:ne;..f.nattah
v.-suspected-pm—men,
,rne, or
afftliate;or for-vehith entry of-a-person in the dis.b..elketaa
elesigrattitat-ofIthatterson-ns-tt-suspeeted Lent,memberrasseeiate;
or-affthate:
(C) Is st.bject to Pan 23 of T;t1, 28 of th. Col, of 1.,.J,,a1
R.g.lationsrlffetkral funding is ..o
to atiatabase
dt..4iterttlt
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ira-datalyttte-shttlfnet-have
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1-2-)--A "..1.ar....3 rung database"'thsesnet-ittektdedispatehoperater
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matiott used fur the nd "
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be etnieettd parsaa..t to &aka 186.30.
(b)-Teiheettentt4oett1
,..117...d E.lib thttabliSt. a, d,Cised... 9Jbd. -.41.0111 (a1, Pier to
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hitiniittwietifert.
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erhnintil investigation-oreatinpremise the-hc
Millet
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a s.aricacd gaffe ....ember. a...ociet... n. di ItlitIT.31.. as.n...:shafl
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fleas's
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arguarlitet-withativitten-sierifieetienof-the ngette yts -decision
within-60-days-ef-subm4ssien-of-the-written-doenmenftinsit
eenteging-the-designation7
-to be-designated-asitsuspetted gang member;
(d) Il.c
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+stern%Iiatear his or-her-parenttir-gtmrdian,shaft he ahie •
to ft-tic-9640,mm len HS to othetitto tlw p...nion has been designated
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member, tttooeitite.-tretlitlittteto-hit000th.? parent or guardian if
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weeld-endenger-the-hen44t-etsafety-ofithe-ntintiti
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(g) Nothing in this section shell requires local-laa
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Code:
SEC. 7. Section 186.34 is added to the Penal Code, to read:
/86.34. (a) (I) For purposes of this section. "shared gang
database"shall mean a database that satisftesall ofthefollowing:
(A) Allows accessfor any locallaw enforcement agency.
(
8) Containspersonal.identifying informalionin which a person
may be designated as a suspected gang member. associate. or

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affiliate, orfor which entry ofa person in the database reflectsa
designation ofthatpersonasa suspectedgang member,associate,
or affiliate
(C) Is subject to Part 23 of Title 28 of the Code of Federal
Regulations. Iffideralfindingis no longer available to a database
through thefederal Omnibus Crime Control and Safe Streets Act
of/968(42 U.S.C. Sec. 3711 et seq.). a database shall not have
to Knish,this subparagraph to meet the definitionofa "shared
gang database."
(2) A "shared gang database" does not include dispatch
operator reports. information usedfor the administration ofjail
or custodial facilities. criminal investigative reports, probation
reports.or information required to be collectedpursuantto Section
186.30.
(3) A "shared gang database" includes the CalGang system.
operatedpursuant to Section 23 ofTitle 28 ofthe Code ofhderal
Regulations.
(b) A shared gang database. as definedin this section. shall
retain records related to the gang activity ofthe individuals in the
database consistent with the provisions contained in Section
23.20(h) ofTitle 28 ofthe Code ofFederal Regulations.
SEC. 8. Section 186.36 is added to the Penal Code. to read'
186.36. (a) Beginning on December I. 2016, and annually on
December / thereafter the Department ofJustice shall submit a
report to the CalGang Executive Board and to the Legislature that
contains, by ZIP Code, referring agency, race, gender and age.
thefollowing information:
(l) The number ofpersons added to the CalGang system during
the immediately preceding 12 months.
(2) The number of requestsfor removal ofa personfrom the
CalGang system received during the immediately preceding 12
months.
(3) The number of requestsfor removal ofa personfrom the
Ca/Gang system that were granted during the immediately
preceding 12 months.
(4) The number of persons automatically removed from the
Ca/Gang system during the immediately preceding 12 months.
(b) A reportsubmittedto the Legislature pursuantto subdivision
(a)shall comply with Section 9795 ofthe Government Code.
SEC. 9. Section 186.38 is added to the Penal Code. to read:
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(a) To the extenta locallaw enforcement agency elects
to utilize a shared gang database. as definedin Section 186.34.
prior to the local law enforcement agency designating a person
as a suspected gang member. associate. or affiliatein a shared
gang database. or submininga documentto the AttorneyGeneral's
qfficefor the purpose ofdesignating a per son in a shared gang
database. or otherwise identifying the person in a shared gang
database. the local law enforcement agency shall provide written
notice to the person. and. ifthe person is under 18 years ofage.
his or her parent or guardian, ofthe designation and the basisfor
the designation. unless providing that notification would
compromise an active criminal investigation or compromise the
health or safety ofthe person if the person is under /8 years of
age.
(b) The notice described in subdivision (a) shall describe the
processfor the person. or. ifthe person is under 18 years ofage,
his or her parent or guardian. to contest the designation or
identfficationof the per son in the database, as applicable. The
notice shall also inform the person of the reasonfor his or her
designation in the database.
(c) (I) A person to be designated as a suspectedgang member.
associate, or affiliate, or. if the person is under 18 years ofage.
his or her parent or guardian. may request information ofa local
law enforcement agency as to whether the person has been
designated as a suspected gang member, associate, or affiliatein
a shared gang database. and the local law enforcement agency
shallprovide that information unless doing so would compromise
an active criminalinvestigation or compromise the health or safety
ofthe person ifthe person is under 18 years ofage.
(2) A person requesting information pursuant to paragraph(1)
shall make the request in writing.
(3) The local law enforcement agency shall respond to a valid
request pursuant to paragraph(1)in writing to the person making
the request within 30calendar days ofreceipt ofthe request.
(4) Ifthe person about whom information is requested is under
/8years ofage. the locallaw enforcement agency may not disclose
the location ofthe person to his or her parent or guardian ifthe
agency determines disclosure ofthat information would endanger
the health or safety ofthe person.

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(d) Nothing in this section requires a local law enforcement
agency to disclose any information protected under Section 1040
or 1041 ofthe Evidence Code or Section 6254 oldie Government
Code.
SEC. 10. Section /86.40 is added to the Penal Code, to read:
/86.40. (a) A law enforcement agency that elects to utilize
and administer a shared gang database shall remove or cause to
he removed a person who is designated as a suspected gang
member,associate. or afilliater om a sharedgang database under
one or more ofthefollowing circumstances:
(l) The person is designated in the shared gang database, but
has not been arrested, charged with, or convicted ofa crime in
thefive-year period after initial entry in the database.
(2) The person is designated in the database. and was
subsequently arrestedfor, but not charged with or convicted of a
crime in thefive-year period Wier the date ofarrest.
(3) The person is designated in the database as the result ofan
arrest. but was not charged with or convicted ofa crime In the
five-year period after the date ofthe arrest.
(4) Theperson is designatedin the database andissubsequently
arrested and charged with a crime, but is not convicted ofa crime
within thefive-year period after the date ofthe arrest.
(b) A law enforcement agency that elects to utilize and
administer a shared gang database shall remove or cause to be
removed a person who is designated as a suspectedgang member,
associate. or affiliate, and who is subsequently arrested for.
charged with, and convicted ofa crime, ifthe person successfully
completes his or her probation or parole and more thanfiveyear s
have passed since the date ofthe last modificationto his or her
entry in the database.
(c) Subdivision (b) does not apply to a person convicted ofa
violentfelony. as defined in subdivision(c) ofSection 667.5.
(d) A law enforcement agency that removes a person from a
shared gang database pursuant to this section shall give written
notice ofthe removal to the person. and. ifthe person is under 18
years ofage. his or her parent or guardian, within 30 calendar
days after removal. The notice shall be mailed to the last known
address ofrecordfor the person. and if the person is under 18
years ofage, his or her parent or guardian.
SEC. ll. Section 186.42 is added to the Penal Code, to read.
Os

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/86.42. (a) A person designated as a suspectedgang member.
associate. or affiliate in a .char ed gang database or who has
received a notice described in subdivision (a) ofSection 186.38,
on if the person is under 18 years of age. his or her parent or
guardian, may contest the designation in writing.
(b) A person. or ifthe person is under /8 years ofage. his or
her parent or guardian. may contest his or her designation as a
suspected gang member associate, or affiliatein a ,char ed gang
database on the ground that the person is not. and has never been.
a member. associate, or affiliate ofa gang.
(c) The person contesting the designation bears the burden of
proving the groundsfor contesting the designation.
(d) This section does not apply to a person designated in a
shared gang database who has been convicted ofa violentfelony,
as defined in subdivision(c) ofSection 667.5.
SEC. 12. Section /86.44 is added to the Penal Code. to read:
186.44. (a) A person. or, if the person is under 18 years of
age. his or her parent or guardian. may contest in writing the
person's designation as a suspected gang member. associate, or
affiliatein a shared gang database by mailing a written request
for removalfrom the database to the law enforcement agency that
created the designation. The written request shall set forth the
groundfor contesting the designation and may include supporting
documentation.
(b) The law enforcement agencyshallreview the written request
and supporting documentation. ljthe agency determines that the
groundfor removal is satisfied.the agencyshallremove the person
from the shared gang database.
(c) The law enforcement agency shall give written notice ofits
determination, and ifapplicable. the removal ofthe personfrom
the sharedgang database to the person. and. Vibe person is under
/8 years of age. the person's parent or guardian. within 60
calendar days after receipt ofthe written request contesting the
designation.
(d) lithelaw enforcementagency denies the requestfor removal.
the notice ofits determination shallstate the reasonfor the denial.
SEC. 13. Section 186.460 is added to the Penal Code. to read
186.460. Ifa law enforcement agency that elects to utilize a
shared gang database denies a written requestfor removal ofa
personfrom the database under Section 18644. the person who
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made the initial request. may make a demand on the law
enforcement agencyfor an administrative hearing to contest the
denial. and the law enforcement agency shall grant the request
for a hearing.
SEC'. 14. Section /86.462 is added to the Penal Code. to read186.462. (a) Whena law enforcement agencygrantsa hearing
under this article, the agency shallfixa time and placefor the
hearing and shall give no less than 10 calendar days'notice of
the hearing to the person who requested the hearing.
(b) The law enforcement agency shall, to the extent possible.
fact place for the hearing at a location close to the address of
record for the person who requested the hearing. The law
enforcement agency is not required tolac placefor the hearing
outside ofthe geographic boundaries ofitsjurisdiction.
(c) The notice ofthe hearing shall be in English. or one ofthe
non-English languages described in paragraph t(3) ofsubdivision
(a)ofSection /632 ofthe Civil Code. f
i requested.
(d) The notice of the hearing shall contain the following
information:
(I) A description ofthe hearing process.
(2) A statement ofthe discovery rights ofthe person requesting
the hearing pursuant to Section 11507.6 ofthe Government Code_
(e) The person who requested the hearing may request a
continuance of the hearing. which shall be granted A requestfor
a continuance shall be in writing and may be served viafirst class
mail. The person who requested the continuance shall serve the
request no less than three calendar days before the date of the
hearing. The person who requested the hearing may make no more
than two requestsfor a continuance.
SEC. 15. Section 186.464 is added to the Penal Code. to read:
/86.464. (a) Any hearing grantedpursuant to Section 186.460
shallbe conducted byan officeror employee of the agencyselected
by the head of the law enforcement agency that granted the
hearing, who shall be the hearing officerfor the purposes ofthis
article.
Mt The entire proceedings at any hearing may be recorded by
a phonographic recorder or any mechanical. electronic. or other
means capable ofreproduction or transcription.

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(c) The person who requested the hearing may be accompanied
by an advocate. The law enforcement agency shall permit the
advocate to be present during the hearing.
(d) The person who requested the hearing may request an
interpreter, which the agency shall provide. or may bring his or
her own interpreter to the hearing.
SEC. 16. Section 186.466 is added to the Penal Code. to read:
/86.466. (a) Before a hearing granted pursuant to Section
186.460hay commenced.the hearing officershallissue subpoenas
or subpoenas duces team or both, at the request ofany party,
for attendance by a person at or production ofdocuments at the
hearing. After the hearing hascommencedthe hearing officennay
issue subpoenas or subpoenas duces tecum. or both.
(b) Notwithstanding Section 11450.20ofthe Government Code.
subpoenas and subpoenas ducestecum issued in conjunction with
the hearing may be served byfirm-class mail.
SEC 17. Section 186468 is added to the Penal Code. to react
/86.468. (a) Ata hearinggrantedpursuanttoSection 186.460
the hearing officershall consider the officialr ecords ofthe law
enforcement agency that granted the hearing, and shall receive
sworn testimony and documentary evidence as applicable.
(b) The hearing officershall permit the per son who requested
the hearing to submit evidence in support of grounds for the
removal ofa personfrom the shared gang database.
(c) Within 14 calendar days after the conclusion ofthe hearing,
the person who requested the hearing may submit additional
evidence in support ofhis or her groundsfor removal of a person
from the database.
SEC. 18. Section 186.470 is added to the Penal Code. to read
186.470 (a) Within 60 calendar days after the conclusion of
a hearing rantedpursuant to Section /86.460. the hearing officer
shall makefindingsand render a written decision on behalfofthe
law enforcement agency that granted the hearing
(b) Ifthe hearing officerdetermines that a gr oundfor removal
specifiecin Section 18642issmisfiedthe law enfor cementagency
shall remove the personfrom the shared gang database.
(c) The law enforcement agency that granted the hearing shall
give written notice ofthe decision. and ifapplicable. the removal
ofa personfrom asharedgang databasepursuantto that decision,

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AB 829

byffist-class mailto the parties to the hearing within 15 calendar
days after the decision is rendered
(d) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.
SEC. 19. Section 186.472 is added to the Penal Code. to read:
/86.472. (a) The person to whom a hearing was granted
pursuant to Section 186.460 may request a review ofthe decision
taken under Section /86.470 within 20 calendar days after the
decision is mailed to the person A requestfor review shall be in
writing and submitted to the law enforcement agency that issued
the decision.
(b) On receipt of a request for review. the law enforcement
agency shall examine the decision. the hearing officer'sfindings.
and the record of the hearing, including admitted documentary
evidence and testimony The hearing officerwho conducted the
original hearing may not participate in the review process.
(c) Following the review, the law enforcement agencyshall mail
a written notice of its decision after review to the person who
requested the review.
(t) The decision after review may be modifiedat any time after
issuance to correct mistakes or clerical errors.
SEC 20. Section 186474 is added to the Penal Code, to read:
186.474. (a) All matters in a hearing granted pursuant to
Section 186460and notcovered by this chaptershall be governed.
asfar as applicable. by Chapter 5 (commencing with Section
11500)ofPart 1 ofDivision 3 ofTitle 2ofthe Government('ode.
(b) Subdivision(a)ofSection 11425.30ofthe Government Code
does not apply to a proceeding to contest the designation ofa
person as a suspectedgang member associate. orennuisuant
to this chapter
SEC. 21. Section 186.476 is added to the Penal Code. to read:
186.476. Nothing in this chapter shall be deemed to prevent a
review or other action as may be permitted by the California
Constitution and law of this state by a court of competent
jurisdiction of any decision of a law enforcement agency with
respect to the designation ofa person asasuspectedgang member
associate, or affiliate in a sharedgang database.
SEC 22. Section 186.478 is added to the Penal Code. to read.
186.478. (a) An action brought in a court of competent
jurisdiction to review a decision ofa law enforcement agency with

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respect to the designation ofapersonas a suspectedgang member.
associate. or affiliate in a shared gang database shall be
commenced pursuant to Section 1094.6 of the Code of Civil
Procedure.
lb) Upon finalcompletion of all administrative appeals. the
person who was granted a hearing pursuant to Section 186.460
shall be given written notice by the law enforcement agency that
granted the hearing of his or her right to a review by a court
pursuant to subdivision (a).
SECTION I. Cat:an 13825.2 of dn.
te-readt
12
1825.2. (a)—The CaEfe,..i. Canb.
mai Atialettee
13
Panda.. ,halt he ad
tad h,
14
15 9.1:.:1,....Jv u•-•
catient-eutherited-persuant-to
16 this‘hai.te.
dn.,'
th a 1141.:n.:J...e....,fgang
17
18 Isens-BintelirInss-Angelem-Oakhoni.
S..h. A..4, Santa
19 Car, Can Ba.aa.dine, Ca.. Diego, San het., ....
20 Mato, Santa
„ad Wake.ale -department-shall-also
21
......a.,:I:,a that
one
af 0.22 criteria.
23 (I)
24
25
papulati.,.. of dad evrnan.a:t5.
26 (2) A jaaenilc IL.C31 ML. h ad i., siskr......ntl,J:4p,ove note
27 terthe.genentl-yettth-pepulation of that eani.nana,.
28 (3) S:gn:Ccantjaa Aide gang
e. a
29
alEI:atAl easel
30 (b) All state and lecul javc..:14 J‘t,,ntian Eadifies. :nalaJing,
31 Ili .,at
1,..
1.11.., jaatli
32 yetith-etimpa of U., Dera.t...A.t
33
shall alas k
,,libatle
34 seethe aetsiees—thrnagh—eentnmitity-tatted-an,ita:caraan or
35 nennrotitatentit, that awe
inab.“,a.(Aided end,.
36 charter-

O
VS

 ciugn Executive Board
Providing Direction & Oversight

CALGANG® EXECUTIVE BOARD MEETING
AGENDA
Hosted by the San Bernardino County Sheriff's Department
Hyatt Palm Springs, 285 N. Palm Canyon Dr., Palm Springs CA

May 21, 2015 10:00 AM
I.

Call to Order & Introductions:
•
Al Vernon
•
Roll call of CEB members

II.

Review and Acceptance of January 2015 minutes:
•
Vernon

III.

CGNAC Report:
•
Ryan Cooper

IV.

Old Business:
•
Vernon

V.

Funding Report:
•
DOJ

VI.

Attorney General's Report:
•
DOJ

VII.

Legislative Update from California District Attorneys' Association: Martin Vranicar
•
AB 829

VIII.

New Business:
Any
•

IX.

Next Meeting Location:
•
Al Vernon

X.

Adjournment

Node Agencies: Alameda County Sheriff, California Department of Corrections, California Department ofjustice, California Youth Authority, Fresno County Sheriff,
Kern County Sheriff, Los Angles County Sheriff, Los Angles Police, Orange County District Attorney, Riverside County Sheriff, San Bernardino County Sheriff, San
Diego Police, San Jose Police, Santa Barbara Police, Sonoma County Sheriff, California Chiefs of Police Association, California State Sheriffs Association, California
District Attorney's Association. Other members California Office of Emergency Services and the California Attorney General.

1

 Page 1 of I

RYAN COOPER - Re: FW: AB 829

From:
RYAN COOPER
To:
Vernon, Alan
Date:
4/23/2015 5:40 AM
Subject: Re: FW: AB 829

I will send it out. Thanks for forwarding it.
>>> Alan Vernon <AIan.Vernon@sonoma-county.org> 4/22/2015 3:38 PM >>>
Ryan,
Martin Vranicar requested I forward you this information for distribution to the CGNAC members.
Thanks,
Al

From: Marty Vranicar [am annarlakcciaa orci]
Sent: Wednesday, April 22, 2015 2:44 PM
To: Alan Vernon
Subject: AB 829
Alan,
Please send out to the CEB and the CGNAC members the above proposed legislation and CDAA's opposition letter for a discussion at the next
Board meeting. This legislation will have a tremendous impact on the CalGang database if it passes. So far, CDAA is the only one in opposition
and our testimony was insufficient to prevent it passing the Assembly Public Safety Committee. I will be at the CEB meeting to discuss. Thanks!
Marty Vranicar
Assistant CEO
California District Attorneys Association
921 11th Street, Suite 300 Sacramento, CA 95814
916.443,2017 I mrvanicar@caaa.org https://www.cdaa.org

CDAA

ths I Pic
Ai it 'It'.I,
,U'N'( IAI ION

CDAA

file:///C:/Users/32635/AppData/Local/Temp/XPgrpwise/553885D9LAPDDomBP0B2100... 6/22/2015

 Page 1 of 1

RYAN COOPER - Fwd: FW: AB 829

From:
To:
Date:
Subject:
Attachments:

RYAN COOPER
cgnac@lists.sonic.net
4/23/2015 5:48 AM
Fwd: FW: AB 829
20150AB82998AMD (1).pdf; AB 829 APS.docx

>>> Alan Vernon <AIan.Vernon@sonoma-county.org> 4/22/2015 3:38 PM >>>
Ryan,
Martin Vranicarrequested I forward you this information for distribution to the CGNAC members,
Thanks,
Al

From: Marty Vranicar [rnvranicarracdaa.012]
Sent: Wednesday, April 22, 2015 2:44 PM
To: Alan Vernon
Subject: AB 829
Alan,
Please send out to the CEB and the CGNAC members the above proposed legislation and CDAA's opposition letter for a discussion at the next
Board meeting. This legislation will have a tremendous impact on the CalGang database if it passes. So far, CDAA is the only one in opposition
and our testimony was insufficient to prevent it passing the Assembly Public Safety Committee. I will be at the CEB meeting to discuss. Thanks!
Marty Vranicar
Assistant CEO
California District Attorneys Association
921 11th Street, Suite 300 I Sacramento, CA 95814
916.443.2017 I mrvanicar@cdaa.org I haps://www.cdaa.org
et 1:z'
cr. s.•
CDAA

I <N.

file:///ClUsers/32635/AppData/Local/Temp/XPgrpwise/553887B5LAPDDomBP0B2100... 6/22/2015

 AMENDED IN ASSEMBLY MARCH 26, 2015
mas—anasaamme
ASSEMBLY BILL

No.829

Introduced by Assembly Member Nazarian
February 26, 2015

An act to amend 13825.2 ofSection 13956 ofthe Government Code.
to add Sections 18636. 18638, 186.40. 18642. 186.44, 186460.
186.462. 186.464, 186.466. 186.468. 186.470, 186.471 186474.
/86.476. and 186.478 to. to add the headings ofArticle 1(commencing
with Section 186.20). Article 2 (commencing with Section 186.22).
Article 3(commencing with Section /86.30A and Article 4(commencing
with Section /86.34)to Chapter II ofTitle 7 ofPart Ito. and to repeal
and add Section /86.34 of the Penal Code, relating to gangs.
MaliSSMONO

AB 829, as amended, Nazarian. Cana". Gangs: shared gang
databases.
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
criminalgang activity, and willfully promoting.furthering, or assisting
in anyJelonious criminal conduct by members ofthe gang Existing law
requires. prior to a local law enforcement agency designating, or
submitting a document to the Attorney General's officefor the purpose
ofdesignating. a person as a gang member, associate, or affiliatein a
shared gang database, as defined.the local law enfor cement agency to
provide written notice to the person and his or her parent or guardian
of the designation and the basisfor the designation if the person is
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under 18years ofage. except as specified.F-xisting law authorizes the
person or his or herparent or guardian to submit winen documentation
contesting the designation and requires the local law enforcement
agency to provide written verification ofits decision within 60 days.
This bill would instead require a local law- enforcement agency to
provide written notice to a person. or ifthe person is under 18 years
ofage. his or her parent or guardian, prior to making the designation
describedabove. This bill wouldauthorize 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 ofinformationfrom 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
forremoval is denied w appealthe decisionalan administrative hearing
conducted by a hearing officer as specified This bill would authorize
thatperson to requesta review ofan unfavorable decision ofthe hearing
officer and would authorize that person to commence an action to seek
review ojan unfavorable decision after review by a court ofcompetent
jurisdiction.asspecified This bill wattle/require a locallaw enforcement
agency to remove or cause to be removed a person designated in a
sharedgang database based on specifiedcriteria or ifthe designation
issuccessfully contested and to notify the person and his or her parent
or guardian. as applicable. upon removal. This bill would require the
Department of✓ustice to annually report specifiecinformation r elating
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 appropriatedfund.for speciftedlosses suffered
as a result of those crimes. Existing law sets forth eligibility
requirements and specifiedlimits on the amount ofcompensation the
board may award
This bill would prohibit the boardfrom denying an applicationfor
compensation on the basis ofthe applicant's membership in. association
with, or affiliation with. a gang, or on the basis of the applicant's

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designation as a suspected gang member, associate, or offinale in a
shared gang database, as defined.

spLeiticd.
This—hill—werttld make a tcelmieal, nensubstantivx elicmgc to that
provision:.
Mai m41.114
Elk Mind mailtNI min
IM.aIS.I Bawl perai o.
The people ofthe State ofCalifornia do enact asfollows:
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SECTION 1 Section 13956 of the Government Code is
amended to read:
13956. Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:
(a) An application shall be denied if the board tindsthat the
victim or, if compensation is sought by or on behalfof a derivative
victim, either the victim or derivative victim, knowingly and
willingly participated in the commission ofthe crime that resulted
in the pecuniary loss for which compensation is being sought
pursuant to this chapter. However, this subdivision shall not apply
if the injury or death occurred as a direct result of a crime
committed in violation of Section 261,262,or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation
of subdivision (d) of Section 261.5 of, the Penal Code.
(b) (I) An application shall he denied if the board lindsthat
the victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable,
the board shall consider the victim's or derivative victim's age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns,including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim's family or
the derivative victim or the derivative victim's family, and giving

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due consideration to the degree of cooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors.
(2) An application for a claim based on domestic violence shall
not be denied solely because no police report was made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occurred. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or the fact that the victim has obtained a temporary
or permanent restraining order, or all of these.
(3) An application for a claim based on human traffickingas
definedin Section 236.1 of the Penal Code shall not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying
upon evidence other than a police report to establish that a human
traffickingcrime as definedin Section 236.1 of the Penal Code
has occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to,
the following:
(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.
(13) A human traffickingcase worker as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.
(4)(A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not
be denied solely because it was not reported to a superior officer
or law enforcement at the time of the crime.
(B) Factors that the board shall consider for purposes of
determining if a claim qualifiesfor compensation include, b ut are
not limited to, the evidence ofthe following:
(i) Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain, attorney,
or other military personnel.
(ii) Medical or physical evidence consistent with sexual assault.

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(iii) A written or oral report from military law enforcement or
a civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.
(iv) A letter or other written statement from a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation ofsexual assault.
(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.
(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.
(vii) Other behavior by the victim consistent with sexual assault.
(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military sery ice, including deployment.
(D) For purposes of this subdivision, the sexual assault may
have been committed ollbase.
(E) For purposes of this subdivision. a "perpetrator" means an
individual who is any of the following at the time of the sexual
assault:
(i) An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard.
(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.
(iii) A contractor or agent ofa private military or private security
company.
(iv) A member of the California National Guard.
(F) For purposes of this subdivision,"sexual assault" means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
the Penal Code, as of the date the act that added this paragraph
was enacted.
(c) An application for compensation may be denied, in whole
or in part, if the board findsthat denial is appropriate because of
the nature of the victim's or other applicant's involvement in the
events leading to the crime or the involvement ofthe persons whose
injury or death gives rise to the application. In the case ofa minor,
the board shall consider the minor's age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor's application should
be denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a

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derivative victim of traffickingunder 18 years of age may not be
denied on the basis of the denial of the victim's application under
this subdivision.
(d) (1) Notwithstanding Section 13955, no person who is
convicted of a felony may be granted compensation until that
person has been discharged from probation or has been released
from a correctional institution and has been discharged from parole,
if any. In no case shall compensation be granted to an applicant
pursuant to this chapter during any period oftime the applicant is
held in a correctional institution.
(2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time. but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(I).
(3) Applications of victims who are not felons shall receive
priority in the award ofcompensation over an application submitted
by a felon who has met the requirements for compensation set
forth in paragraph (I).
(e) The board shall not deny 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 (titillate
in a shared gang database as definedin Section 186.34 of the
Penal Code.
SEC. 2. The heading of Article 1 (commencing with Section
186.207 is added to Chapter II of Title 7 of Part I of the Penal
Code, to read:
Article I. Title And Intent
SEC. 3. The heading of Article 2 (commencing with Section
186.22) is added to Chapter 11 of Title 7 ofPart 1 of the Penal
Code, to read:
Article 2. Violations OfThe Act
SEC 4 The heading of Article 3 (commencing with Section
186 30) is added to Chapter II of Title 7 of Part I of the Penal
Code, to rcad.

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Article 3. Registration With Local Lair Enforcement Agency
SEC. .5. The heading ofAnkle 4(commencing with Section
186.34) is added to Chapter 11 of 7itle 7 of the Penal Code. to
read:
Ankle 4. Shared Gang Databases
SEC. 6. Section 186.34 ofthe Penal Code is repealed
of th:s
186.31. (a)(I) for
(A.)-A-Hows-aeeets-foreey-let.
id,, if:
.:ie.....
(8) Ceola;,,,ve,

wat
p

ett—t1-111919Ctitti gat* mu... no.

afftlialter4er-whielt envy-0.h person in-tht-eatthast-tefireaat
•
•
as ,eiv...etedt,.antatember.testa-tit
er-achhate:
(G)-13-subjeet-terlittrt-23 of 1-itle4.8-of dx. Cotl....if federal
Regolutieus. If Lilerttl-ftmiiing isex,lunge,eseilableindertabale
threatirthefedett
ef-1-968(42-4:17&e. S.c.;711 el sA.), a Jatabaa,....hall nut 1,a.e
stn

database.
;..:1 tw-ettstediel

Swam 186.30:
-p ,
•
(I)) T.,di,extant a toetHew-eafereetaeorep.,,,..elects to ta4fire
databaserathelertnetlia-sebtli viaiortat-prior toe
a
au.weeted
local-lew-enlineernera-agettertletilentinta-person
aff.f.ak..... a 31.a..d g ang.-Litttabtere,-or
gang-mtaaba,
offieefortItestriae-it-ST
a
;.. a 01,4,..4 sant.(Web:zero
pttrpost-ef
atabaserthe
oihenvi •
4-the pencil-kraal:kr 18 years
;meal law eafereaa.,....1
and-Itinr-ht-r-pareat
ab•-•
J
;;;:;
;i1m:rt ti frae;rrer-;:tr144rentiat-nre
39 aafeRt-providing
•

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criminal-investigation hr-t.

promise. the ht

Miller:

t cleserif.,1
(b). the
(t) S.loontt.
to bt. deo:gamut as a suapected-gtmg-tnentherrasseeiate;
. .
a
pal-tor-guard „.„„a,
.r
aft rat,..,e.
fleentnentatienieitte-lecal-km-ettlereententageney-eettleatatgihe
flesigmtneth-TheieeaHaviveniCreemett! -abettershttil ,e.;en
deeumetaa..../........J:f de,C11...; tiettniT;iiett-that-the perttett-is-ttet
'att., or 1114iiitttetik
Fvt
)Ahnti
g thtttthtttc. 'Fitt_ teeJ
41.411 pra...fle
b, 91,..
*Ai.., (.4 J..ys of
of O.erch,(...ot;„b
td)- Fite Tem.. to be S.5;gmtted-as a s a
sa..s
trttheittte. or atlifiateor-hireeher parent e.
31,4111.... al&
toverfpnat informat,e,,aysfn
01,Nine.has bo.....4‘3;e9Ifilell
as d ..t...peacti gang .n.....(1...inrose...,ate, o. aff.1;ca...anJ th. Leal
I v
Ittn-enfereement
dua.e, no .tv..IJ
aa,... •
I in.e.,t;gae
teuir...,...13- IL. Leith-or sttletyof the
al.11 net ekstla...... dn.
(N) The Leal law enforeemern
h.ca.,...1
th. person to
..L;5t
.,
or-01114.mm h,..t al h.. pa.t. t or teardittn-ill
the -agent)
th.re
e.;Jon>. -that -tht
infarn.afna. vnettl+entlangt. th...11.41th er oak)of the-minor:
retain(I) A -ha.altithe Jateba,..,as(It
Int
23.20(h)of TM,28 ofd,. Cal- of feel- tgaltniettn
(g)--Nothing-Millis-seetietrahaH-rettuirea k)etti-ltrrettforeethent
eta-,to
..ty intt nn4tiw prottvaed-untferSectien4040
er-4044-efilte-Eritlenet Code-or-Seetion-6264-efthe-Geventmeett
Gede:
SEC. 7. Section 186.34 is added to the Penal Code, to read.
186.34. (a) (I) For purposes of this section, "shared gang
database"shall mean a database that satisfiesall ofthefollowing:
(A) Allows accessfor any local law enforcement agency
(B) Containspersonal.idetuifying informationin which aperson
may be designated as a suspected gang member. associate. or
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affiliate orfor which entry ofa person in the database rejlecisa
designation ofthat person as a suspectedgang member,associate.
or affiliate.
(C) Is subject to Part 23 of Title 18 of the Code of Federal
Regulations.Iffederalfunding is no longer available to a database
through thefederal Omnibus Crime Control and Safe Streets Act
of 1968(42 U.S.C. Sec. 3711 et seq.). a database shall not have
to satisfy this subparagraph to meet the definitionala "shun ed
gang database."
(2) A "shared gang database" does not include dispatch
operator reports, information usedfor the administration ofjail
or custodial facilities. criminal investigative reports. probation
reports, or information required to he collectedpursuant to Section
/86.30.
(3) A "shared gang database" includes the CalGang system.
operatedpursuant to Section 23 ofTitk 28 ofthe Code ofFederal
Regulations.
(b) A shared gang database. as definedin this section, shall
retain records related to the gang activity ofthe individuals in the
database consistent with the provisions contained in Section
23.20(h) ofTitle 28 ofthe Code ofFederal Regulations
SEC 8. Section 186.36 is added to the Penal Code. to read:
/86.36. (a) Beginning on December I. 2016, and annually on
December I thereafter the Department ofJustice shall submit a
report to the Ca/Gang Executive Board and to the Legislature that
contains, by ZIP Code, referring agency. race. gender. and age.
thefollowing information:
(0 The number ofpersons added to the CalGang system during
the immediately preceding 12 months.
(2) The number of requestsfor removal ofa personfrom the
Ca/Gang system received during the immediately preceding 12
months.
(3) The number of requestsfor removal ofa personfrom the
CalGang system that were granted during the immediately
preceding 12 months.
(4) The number of persons automatically removed from the
CalGang system during the immediately preceding 12 months.
(6) A reportsubminedto the Legislature pursuant to subdivision
(a)shall comply with Section 9795 ofthe Government('ode.
SEC 9. Section /86.38 is added to the Penal Code, to read:
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186.38. (a) To the extenta locallaw enforcement agency elects
to utilize a shared gang database. as definedin Section 186.34.
prior to the local law enforcement agency designating a person
as a suspected gang member, associate, or affiliatein a shared
gang database or submittinga documentto the Attorney GeneralS
officefor the purpose ofdesignating a per son in a shared gang
database. or otherwise identifying the person in a shared gang
database. the local law enforcement agency shall provide written
notice to the person. and. ifthe person is under 18 years of age.
his or her parent or guardian, ofthe designation and the basisfor
the designation. unless providing that notification would
compromise an active criminal investigation or compromise the
health or safety ofthe person if the person is under 18 years of
age.
(b) The notice described in subdivision (a)shall describe the
processfbr the person. on ifthe person is under 18 years ofage.
his or her parent or guardian. to contest the designation or
identificationof the per son in the database. as applicable. The
notice shall also inform the person of the reasonfor his or her
designation in the database.
(c) (1) A person to he designated as a suspectedgang member.
associate. or affiliate, Or if the person is under 18 years ofage.
his or her parent or guardian. may request information of a local
law enforcement agency as to whether the person has been
designated as a suspected gang member. associate. or affiliatein
a shared gang database. and the local law enforcement agency
shallprovide that information. unless doing so would compromise
an active criminalinvestigation or compromise the health orsafeOr
ofthe person ifthe person is under 18 years ofage.
(2) A person requesting information pursuant to paragraph(1)
shall make the request in writing.
(3) The local law enforcement agency shall respond to a valid
request pursuant to paragraph a1 in writing to the person making
the request within 30calendar days ofreceipt ofthe request.
(4) Ifthe person about whom information is requested is under
18yearsofage. the locallawenforcement agency may not disclose
the location ofthe person to his or her parent or guardian ifthe
agency determines disclosure ofthat information would endanger
the health or safely ofthe person.

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(d) Nothing in this section requires a local law enforcement
agency to disclose any information protected under Section 1040
or 1041 ofthe Evidence Code or Section 6254 ofthe Government
Code.
SEC. 10. Section 186.40 is added to the Penal Code. to read:
/86.40. (a) A law enforcement agency that elects to utilize
and administer a shared gang database shall remove or cause to
he removed a person who is designated as a suspected gang
member,associate. or affiliatefr om a sharedgang database under
one or more ofthefollowing circumstances:
(I) The person is designated in the shared gang database. but
has not been arrested, charged with, or convicted of a crime in
thefive year period after initial entry in the database.
(2) The person is designated in the database. and was
subsequently arrestedfor, but not charged with or convicted of a
crime in thefive-year period after the date ofarrest.
(3) The person is designated in the database as the result ofan
arrest, but was not charged with or convicted ofa crime in the
five-year period after the date ofthe arrest.
(4) Theperson is designatedin the database and issubsequently
arrested and charged with a crime, but is not convicted ofa crime
within thefive-year period after the date ofthe arrest.
(b) A law enforcement agency that elects to utilize and
administer a shared gang database shall remove or cause to he
removed a person who is designated as a suspectedgang member.
associate, or affiliate, and who is subsequently arrested for.
charged with, and convicted ofa crime. ifthe person successfully
completes his or her probation or parole and more thanfiveyear s
have passed since the date ofthe last modificationto his or her
entry in the database.
(c) Subdivision (b) does not apply to a person convicted ofa
victimfelony, as defined in subdivision(c) ofSection 667.5.
(d) A law enforcement agency that removes a personfrom a
shared gang database pursuant to this section shall give written
notice ofthe removal to the person. and. lithe person is under 18
years ofage. his or her parent or guardian, within 30 calendar
days after removal. The notice shall be mailed to the last known
address ofrecordfor the person, and. ifthe person is under 18
years ofage, his or her parent or guardian.
SEC 11. Section 186.42 is added to the Penal Code, to read.

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186.42. (a) A person designated as a suspectedgang member.
associate, or affiliate in a shar ed gang database or who has
received a notice described in subdivision (a) ofSection 186.38.
on ifthe person is under 18 years of age. his or her parent or
guardian, may contest the designation in writing.
(b) A person, or. ifthe person is under /8 years ofage. his or
her parent or guardian. may contest his or her designation as a
suspected gang member. associate. or affiliatein a .shared gang
database on the ground that the person is not. and has never been.
a member, associate, or affiliate ofa gang.
(c) The person contesting the designation bears the burden of
proving the groundsfor contesting the designation.
(d) This section does not apply to a person designated in a
shared gang database who has been convicted ofa violentfelony.
as defined in subdivision(c) ofSection 667.5.
SEC. 12. Section 186.44 is added to the Penal Code. to read'
186.44. (a) A person. or. if the person is under 18 years of
age. his or her parent or guardian. may contest in writing the
person's designation as a suspected gang member. associate. or
affiliatein a shar ed gang database by mailing a written request
for removalfmm the database to the law enforcement agency that
created the designation. The written request shall set forth the
groundfor contesting the designation and may include supporting
documentation.
(b) The law enforcement agencyshallreview the written request
and supporting documentation. Ifthe agency determines that the
groundfor removal is satisfiedthe a getayshallremove the person
from the shared gang database.
(c) The law enforcement agency shall give written notice ofits
determination. and ifapplicable. the removal ofthe personfrom
the sharedgang database to the person, and, lithe person is under
18 years of age, the person's parent or guardian. within 60
calendar days after receipt ofthe written request contesting the
designation.
(c0 Ifthelaw enforcementagency denies the requestfor removal
the notice ofits determination shallstate the reasonfor the denial
SEC. 13. Section 186460 is added to the Penal Code. to read:
186460. Ifa law enforcement agency that elects to utilize a
shared gang database denies a written requestfor removal ofa
personfrom the database under Section 186.44, the person who
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AB 829

made the initial request. may make a demand on the law
enforcement agencyfor an administrative hearing to contest the
denial. and the law enforcement agency shall grant the request
for a hearing
SEC. M. Section 186.462 is added to the Penal Code. to read:
186.462. (a) When a law enforcement agency grants a hearing
under this article, the agency shallfixa time and placefor the
hearing and shall give no less than 10 calendar days'notice of
the hearing to the person who requested the hearing.
(b) The law enforcement agency shall. to the extent possible,
fora placefor the hearing at a location close to the address of
record for the person who requested the hearing. The law
enforcement agency is not required tofora placefor the hearing
outside ofthe geographic boundaries ofitsjurisdiction.
(c) The notice ofthe hearing shall be in English. or one ofthe
non-English languages described in paragraph(3)ofsubdivision
(a)ofSection 1632 ofthe Civil Code. ifrequested.
(4 The notice of the hearing skill contain the following
information:
(I) A description ofthe hearing process.
(2) A statement ofthe discovery rights ofthe person requesting
the hearing pursuant to Section 11507.6 ofthe Government Code
(e) The person who requested the hearing may request a
continuance ofthe hearing. which shall be granted A requestfor
a continuance shall be in writing and may he served vialirst class
mail. The person who requested the continuance shall serve the
request no less than three calendar days before the date of the
hearing. The person who requested the hearing may make no more
than two requestsfor a continuance.
SEC. IS. Section 186.464 is added to the Penal Code. to read:
186464. (a) Any hearing grantedpursuantto Section 186.460
shall be conducted by an officeror employee ofthe a gencyselected
by the head of the law enforcement agency that granted the
hearing, who shall be the hearing ofjicerfor the purposes ofthis
article.
(b) The entire proceedings at any hearing may be recorded by
a phonographic recorder or any mechanical. electronic, or other
means capable ofreproduction or transcription.

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(c) The person who requested the hearing may be accompanied
by an advocate. The law enforcement agency shall permit the
advocate to be present during the hearing.
(d) The person who requested the hearing may request an
interpreter. which the agency shall provide, or may bring his or
her own interpreter to the hearing.
SEC. 16. Section 186466 is added to the Penal Code. to read'
186.466. (a) Before a hearing granted pursuant to Section
186.460hascommenced the hearing officershallissuesubpoenas
or subpoenas duces tecum. or both, at the request ofany parry.
for attendance by a person at or production ofdocuments at the
hearing. After the hearing has commenced the hearing officennay
issue subpoenas or subpoenas duces tecum, or both
(b) Notwithstanding Section 11450.20ofthe Government Code.
subpoenas andsubpoenas duces tecum issued in conjunction with
the hewing may be served byfirst-class mail
SEC. /7. Section /86.468 is added to the Penal Code. to read:
186468. (a) Ala hearinggrantedpursuantto Section /86.460.
the hearing officershall consider the qfficialr ecords ofthe law
enforcement agency that granted the hearing, and shall receive
sworn testimony and documentary evidence as applicable
(b) The hearing officershall permit the per. on who requested
the hearing to submit evidence in support of grounds for the
removal ofa personfrom the shared gang database.
(c) Within 14 calendar days after the conclusion ofthe hearing.
the person who requested the hearing may submit additional
evidence in support ofhis or her groundsfor removal ofa person
from the database.
SEC. 18. Section 186.470 is added to the Penal Code, to read:
186.470. (a) Within 60 calendar days after the conclusion of
a hearing grantedpursuant to Section 186.460. the hearing officer
shall makefindingsand r ender a written decision on behalfofthe
law enforcement agency that granted the hearing.
(b) Ifthe hearing officerdetermines that a gr oundfor removal
specYlecin Section 186.42is satisfiedthe law enfor cementagency
shall remove the personfrom the shared gang database.
(c) The law enforcement agency that granted the hearing shall
give written notice ofthe decision. andf
i applicable. the removal
ofa personjkom a sharedgang database pursuantto that decision.

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AB 829

byfirst-class mail to the ponies to the hearing within 15 calendar
days after the decision is rendered
(d) The decision may be modified at any lime after issuance to
correct mistakes or clerical errors.
SEC. 19. Section 186.472 is added to the Penal Code, to read:
186.472. (a) The person to whom a hearing was ranted
pursuant to Section 186.460 may request a review ofthe decision
taken under Section 186.470 within 20 calendar days after the
decision is mailed to the person A requestfor review shall be in
writing and submitted to the law enforcement agency that issued
the decision.
(b) On receipt of a request for review, the law enforcement
agency shall examine the decision. the hearing officer'sfindings.
and the record of the hearing, including admitted documentary
evidence and testimony. The hearing officer who conducted the
original hearing may not participate in the review process.
ft) Following the review. the law enforcement agency shall mail
a written notice of its decision after review to the person who
requested the review.
(r0 The decision after review may he modifiedat any time after
issuance to correct mistakes or clerical errors.
SEC. 20. Section 186474 is added to the Penal Code. to read:
186474. (a) All matters in a hearing granted pursuant to
Section 186.460and notcovered by this chaptershall he governed
as far as applicable. by Chapter 5 (commencing with Section
11500)ofPart 1 ofDivision 3 ofTitle 2ofthe Government Code.
(b) Subdivision(a)ofSection 11425.30ofthe GovernmentCode
does not apply to a proceeding to contest the designation ofa
personas asuspectedgang member associate or affiliatgour suant
to this chapter
SEC. 21. Section 186.476 is added to the Penal Code. to read:
186.476. Nothing in this chapter shall be deemed to prevent a
review or other action as may be permitted by the California
Constitution and law of this state by a court of competent
jurisdiction of any decision of a law enforcement agency with
respect to the designation ofaperson as a suspectedgang member
associate, or affiliate in a shared gang database.
SEC. 22. Section 186.478 is added to the Penal Code. to read:
186.478. (a) An action brought in a court of competent
jurisdiction to review a decision ofa law enforcement agency with
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respect to the designation ofaperson as a suspectedgang member,
associate. or affiliate in a shared gang database shall be
commenced pursuant to Section 1094.6 of the Code of Civil
Procedure.
(b) Upon finalcompletion of all administrative appeals. the
person who was granted a hearing pursuant to Section 186.460
shall be given written notice by the law enforcement agency that
granted the hearing of his or her right to a review by a court
pursuant to subdivision (a).
SL:C11ON I. Se‘,1;an 13825.2 of IL. R..1
to-read:
13825.2. (a) llte-Gulifin..;a Cang,
....d
Preventieri-Partnerohip-Pregreni-nhalt-be-ndininitteret/-Irthe
Ikon...ea ofJeot;ee fa. th,.. p.rpe.o.of-reritteing-gartgreriniinal
t...11,et....1 authorized pursuant to
tiah;ey, ....d
ga..g.;ale;To...
this Jong,.
in..I.J;ne., hui met 1' 'wdto,d.cea
and of1.mane,
Am.., S....a
Long
Lae A.gel-o.
,S
Crtn. S.... Bernardino. Shit
fri.k.e. Smite -MottiettrittitI-Vinike.
ol.all
etinsidee-eotaniunitits -thin Meet-one-or-mere-of-the-fellewing
criteria,
totod;
1-1-1.--Arn- at ;;ek ',path p.p.lat;.n.
a Se.4;..... 13825.4, that L a;gn;ficentlythepsope....entne t th..
/oath ieepalutkn ofthat attn....tnity.
(2) A ji.,.-n;1. th e3t .ate that *a 3;6nif.eat.0.4;epr.p.rti.n.t...
to 11.,...-0.1at;an ofdud nth-I-nay.
of
(-3.)-Sigtrikantitzrenile-gang-problents or a 1.;bh
*sc.& gene
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 921 Ilth Sir

00 • Sacramento, CA 95814 • 916.413.201

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April 9, 2015
Orli( IRS
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F
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I'll /21( K 1 SleMRA 111

The Honorable Adrin Nazarian
California State Assembly
State Capitol
Sacramento, CA 95814
RE: AB 829 - Oppose

Second ice President
cfl.P111
\1/4 MIS 1 AE P6
Sun Ni ne,, l nunly
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Immediate Past President
DFAN D FLIPPO
Monti:it, County

BOARD

DUSI(1 !ORS

It l l M I .1 t \1‘R S
art ()Her;
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lit! 1 N

D Al II) !I MOM
Sioni.1,ii:s (Sees,

On behalf of the California District Attorneys Association (CDAA), I regret to inform you
that we are opposed to your measure, AB 829, as amended on March 26, 2015. This bill
would create a notification process for anyone whose name is placed in a law enforcement
shared gang database, as well as three opportunities for appeal, during which law
enforcement agencies would be required to share sensitive information with the suspected
gang member.
Under AB 829, once a suspected gang member is notified of his or her placement in a shared
gang database, they can contest the designation (new PC 186.44). If the law enforcement
agency denies that request, they must state the reasons for the suspect's inclusion in the
database. This is tantamount to allowing a suspect to view sensitive intelligence that the law
enforcement agency has collected. The suspect would then be able to request an
administrative hearing (new PC 186.460), which the law enforcement agency would be
required to grant. During that hearing (which could be considerably delayed in light of the
two continuances that the agency would be required to grant), the suspect may subpoena
officers, documents, and other sensitive information. If the hearing officer finds that the
suspect should not be removed from the database, the suspect may request another review of
that decision (new PC 186.472), which the law enforcement agency is again required to grant.
In addition to the policy concerns that AB 829 raises, the cost of preparing and staffing these
hearings would be overwhelming.

VICKI FIR i111-01SUit
Re.snide C Dunn
NsN( VI)NI ML
11,enec1.:i

Dear Assemblymember Nazarian:

V

\\1 %Ls PN 11:1(

It's hard to imagine any other instance in which we would let a suspect, during an
investigation, invade police deliberations with a hearing (or, in this case, three) on whether he
or she should continue to be a suspect.
This is an unnecessary and costly intrusion into the investigative process that compromises
gang intelligence operations. For these reasons we must respectfully oppose AB 829.

3111
uumly

IR; I
'K1
Cistrie 1 mint:.
I (131

I greatly appreciate your consideration of our concerns. If you would like to discuss these
issues further, please do not hesitate to contact me.
Very truly yours,

011.141

MR.HAI 1 I, S HACI-,RVRN
Kern(-,'risen

ceo

Sean Hoffman
Director of Legislation

MARK 7AI IN1-1n

Cc: Members and Staff of the Assembly Committee on Public Safety
Gary Olson, Republican Consultant

 Page 1 of 1

RYAN COOPER - Re: AB 829-Nazarian

From:
RYAN COOPER
To:
Gonzalez, Jess
Date:
4/23/2015 9:05 AM
Subject: Re: AB 829-Nazarian

I have read them all. Did you see the arguments in support of the bill?
>>> less Gonzalez cjess.gonzalez@lacity.org> 4/23/2015 9:04 AM >>>

I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies? As we discussed, the
procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of the data base
before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates on the Bill.
Jess J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: C2131 975-2130
Fax no.(213) 975-2082
”"i"k“i'llisConfideiii „kitty Notice "iii'llkks"""i"swill""“
This mien- conic message ci insmission contains information
from tiJE Of rice or the Los Angeles city Attorney, which may be confident
di:t,iicitias or um of
:chichi: of this information is prohibited.
I

You have received this commurdcat

y

file:///C/Users/32635/AppData/Local/Temp/XPGrpWise/5538B5F5LAPDDomBPOB210... 6/22/2015

 Page 1 of 1

RYAN COOPER - Re: AB 829-Nazarian

From:
RYAN COOPER
To:
Gonzalez, Jess
Date:
4/23/2015 9:14 AM
Subject: Re: AB 829-Nazanan

hilffiffwww.leainfo.caffov/pub/15-16/ffill/asm/ab 0801-0850/ab 829 cfa 20150413 092743 asm comm.html
Start at Page H
>» less Gonzalez rness.gonzalezffilacity.org> 4/23/2015 9:09 AM >»

No, I didn't receive the arguments pro or con.
On Thu, Apr 23, 2015 at 9:05 AM, RYAN COOPER <326.35ffilaortlacitmoro> wrote:
I have read them all. Did you see the arguments in support of the bill?
a>> Jess Gonzalez cjess.qonzalez(mlacity.org> 4/23/2015 9:04 AM a>>

I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies? As we discussed, the
procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of the data base
before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates on the Bill.
Jess 3. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: '213) 978-2130
Fax no.(213) 978-2082

rr - thiormr.toon
ibirch may be conf Jdenftal or protected by the attorney
ro
F rohtbtited. Tf you have received this corrtharrir

from Ore
dnt

Jess J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: (213) 978-2130
Fax no.(213) 978-2082

rtr.t
1 tl

vin, no, t.

rat identra.

r -110t1I, J:

file:///ClUsers/32635/AppData/Loeal/Tenap/XPGrpWise/5538B7E4LAPDDomBP0B210... 6/22/2015

 Page 1 of 1

RYAN COOPER - Re: AB 829-Nazarian

From:
To:
Date:
Subject:

RYAN COOPER
Gonzalez. less
4/23/2015 9:39 AM
Re: AB 829•Naranan

f njoy....Increase the font or you will go Wind"!
»> Jess Gonzalez gess.gonzalezaticIty.org> anNtros
ThankS!

aye x»

(h1Thu,A4r23,20150t934AM,4YAN COOPER <34A34414v1 likrevimm mole:
hitlerllynwile0MALcasiadoubP5-1D2NaSitilab 06014450/ab 829 da 7014003 092743 aim commhing
Start at Page H
>>> tees Cannier <r454.4n7M4/Alaty.org> 4/23/2015 9:09 AM >»
No, I didn't receive the arguments pro or con.
On Thu, Apr 23. 2015 at 9:05 A14, RYAN COOPER <32§2amapacitrarg> wrote:
have read them all. Did you see the arguments in sugood of the tan
»> less Gonzalez ckssganzakickapstag> 4/23/2015 9:04 AM >»
1 obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies'As we discussed, the
procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of the data
base before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates on the BIB.
less Gonzalez
Supervising Assistant Oty Attorney
Pubic Safety General Counsel Denson
Poke Castaway Seals°
OfAce Tel (2131978-71V
Fax no./2131978-MP
Confidentiality No
This eiectronic message transmission contains information
from the orrice of the Los Angeles City Attorney, 'Mich nay be confidential or protected by the attorney-client privilege and/or the wo:
distribution or use of the content of this incarnation is prohibited. If you have received this communication in error, please notify

less1 Gonzalez
Supentiing Natant Ory Attorney
Putt SAO/ General COOKS °Melon
Police Discovery Section
Ciflke Tel.:(2131978-213g
Fax ro.(213197DM)
Confidentiality Notice

This electronic message transmission contains information
from the Office of the Los Angeles City Attorney, which may be confidential or protected by the attorney-client privilege and/or the work
distribution or use of the content of this information is prohibited. If you have received this communication in error. please notify us

lemi).Gausleit
apenisingaseltrantOryAttaney
PutlicSektyGenemicounselONAmt
PokeDiscoverySectka
011iteTel.“2131978-21"tg
Faxax))liltrfil-50a)
Confidentiality Noti
This electronic message transmission contains information
from the Office of the Los Angeles City Attorney, which may De confidential or protected by the attorney-client privilege and/or the work pi
distribution or use of the content or this information is prohibiteo. If you nave received this communication in error, please notify us

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 Page 1 of 1

RYAN COOPER - Re: AB 829-Nazarian

From:
RYAN COOPER
To:
Gonzalez, less
Date:
4/23/2015 9:39 AM
Subject: Re: AB 829-Nazarian

Enjoy...Increase the font or you will go blind!!!
>>> Jess Gonzalez <jess.gonzalez©lacity.org> 4/23/2015 9:24 AM >»
Thanks!
On Thu, Apr 23, 2015 at 9:14 AM, RYAN COOPER <32635/9Iaoctlacity.ora> wrote:
http://www.leininfo.cawov/oub/15-16/bill/asm/ab 0801-0850/ab 829 cfa 20150413 092743 asm comm.html
Start at Page H
>>> less Gonzalez ffiesscronzalezffilacity.org> 4/23/2015 9:09 AM >>>
No, I didn't receive the arguments pro or con.

-

On Thu, Apr 23, 2015 at 9:05 AM, RYAN COOPER <32635(1Iaud.lacity.orq> wrote:
I have read them all. Did you see the arguments in support of the bill?
>>> Jess Gonzalez
laci .or
4/23/2015 9:09 AM >>>
I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies? As we discussed, the
procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of the data
base before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates on the Bill,

Jess ). Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(21310E2120
Fax no.(213) 978-2082
tram

tt*-.
/onfidential or protected by the effort. id-Idid prin..
Pited.
If you have received than
et 1'
t ,t
t

Jess 1 Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel,: /213) 978-2130
Fax no.(213) 978-2082

from the attire
r
/ad
r Ito
t i t re ,
hicich may be confidential or protected by the attorney-elient privilege and/or the work
dietributtar or ice / f rrar :triter t crl this tatormation is prohibited. If you have received this communication in error, please notify us
Itt******"•**'''''''''''''''''''' ''''''''''''
t"tter

less I. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: /2131 978-2130
Fax no.(213) 978-2082
tr""rr.""'"Irdonficentialit
cis •rdirir''''''•-•rt-ticrer.
This electronic itessaee hralitirre h tee
tht Info/ad on
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fled the -off ica '1 the lc_
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h
conf]dential or protected
ar
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ticr control ot thir ant:roo t reh
rb:•hibited.
If you have receiv
••lart*••••“*•••*•••••er•""''''''''''''''r*''''''''''''''''
'''

the affair:etc-client pr.
d J
has communication in id: r, ..

C

WO:
. ,ly

Pr

file:///C/Users/32635/AppData/Local/Temp/XPGrpWise/5538BDC3LAPDDomBP0B210... 6/22/2015

 Page 1 of 2

RYAN COOPER - Re: AB 829-Nazarian

From:
RYAN COOPER
To:
Gonzalez, less
Date:
9/23/2015 10:29 AM
Subject: Re: AB 829-Nazarian

Are you using Google Chrome or Internet Explorer?
>>> Jess Gonzalez Mess.gonzalez@lacity.org> 4/23/2015 10:04 AM >>>
I will ask someone to show me how to increase the font. My computer goes back and forth between small font and BIG font. Nothing in between.
On Thu, Apr 23, 2015 at 9:39 AM, RYAN COOPER <32635ffilapd.lacitv.org> wrote:
Enjoy...increase the font or you will go blind!!!
>>> )ess Gonzalez cjessffonzalevfflacU.gg
- > 4/23/2015 9:24 AM >>>
Thanks!
On Thu, Apr 23, 2015 at 9:14 AM, RYAN COOPER <32635ffilanffilacity-org> wrote:
http://www.leqinfo.caffov/pub/15-16/bilEasm/ab 0801-0850/ab 829 cfa 20150413 092743 asm comm.html
Start at Page H
>>> Jess Gonzalez less.qonzalflg> 4/23/2015 9:09 AM >>>
No, I didn't receive the arguments pro or con.
On Thu, Apr 23, 2015 at 9:05 AM, RYAN COOPER <32635ffilapd.lacity.ora> wrote:
I have read them all. Did you see the arguments in support of the bill?
>>> less Gonzalez <jessffonzalezffilacity.orq> 4/23/2015 9:04 AM >»
I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies' As we discussed, the
procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of the
data base before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates on the
Bill.

Jess J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: (213) 978-2130
Fax no.(213) 978-2082

I. the a__
this co

less J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: (213)978-2130
Fax no.(213)978-2082
''''''''" 11"' 'confidentiilit
rd c sled; roh_ daritcji farwnd

de ffkffyffyikiikviiiviiiiii
cordiing IntOsmanin
'n dirt, yi who I. ma'; Icar cent coential rr protected by the dr. E n,
received this filmy.,

j,

Jess 1. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(213) 978-2130
Fax no.(213) 978-2082
wonfidential]ty Nitica '"•"“*""******f"/•I
Dab, flegtrcruf settiis "rancrio cedar, rontain- information
fr
Tr,
- r •I the dr knagiat. City Attorney, which may be ranfidenriel or protected by the attorney-client privilege- and/or the work
dittiabuttan 01 use of the content of this information II f rahaditad. If you have received this communication in ercor, please notify us

less]. Gonzalez
Supervising Assistant City Attorney

file:///ClUsers/32635/AppData/Local/Temp/XPGrpWise/5538C85ALAPDDomBP0B210... 6/22/2015

 Page 2 of 2

Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(213) 978-2130
Fax no. J213) 978-2082
''''''''''''

rotected by the at torte
ee

and/or the ceeth pr

:ved this communication

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 Page 1 of 2

RYAN COOPER - Re: AB 829-Nazarian

RYAN COOPER
From:
To:
Gonzalez, less
Date:
4/23/2015 10:90 AM
Subject: Re: AB 829-Nazarian

Awesome
»> less Gonzalez ffiess.gonzalez@lacity.org> 9/23/2015 10:40 AM >»

Now, my outgoing email has a larger font but my incoming is still as small as you said.
On Thu, Apr 23, 2015 at 10:29 AM, RYAN COOPER <3263501apd.lacity.ora> wrote:
Are you using Google Chrome or Internet Explorer?
»> less Gonzalez ffiessffionzalezelacity.org> 4/23/2015 10:04 AM »>
I will ask someone to show me how to increase the font. My computer goes back and forth between small font and BIG font. Nothing in between.
On Thu, Apr 23, 2015 at 9:39 AM, RYAN COOPER <32635(SlaDdiacityffirg> wrote:
Enjoy....1ncrease the font or you will go blind!!!
>» Jess Gonzalez siess.gonzatez(ffilacity.oro> 9/23/2015 9:24 AM »>
Thanks!
On Thu, Apr 23, 2015 at 9:19 AM, RYAN COOPER <32635(ffilapdfficity.org> wrote:
htfp://wwvv.leginfo.caciov/pub/15-16/bill/asmiab 0801-0850/ab 829 cfa 20150413 092743 arm commffitml
Start at Page H
»> less Gonzalez cjessffionzalez(Thlacity.orq> 4/23/2015 9:09 AM >>>
No, I didn't receive the arguments pro or con.
On Thu, Apr 23, 2015 at 9:05 AM, RYAN COOPER <32635(81aadJacity.org> wrote:
I have read them all. Did you see the arguments in support of the bill?
»> less Gonzalez ffiess.gonzalez(Nacifficorg> 4/23/2015 9:04 AM >»
I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies? As we discussed,
the procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be taken out of
the data base before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have requester updates
on the Bill.

less J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(213) 978-2130
Fax no.(213) 978-2082
ir"*""""if "dornidentsalst
otice "
r
--""e"."'"fiftw"
Thin electronic nsestsle transmission contains information
from rise
01 the Lon
City
f„one„ which mac be sorer silent
or protected by the attornei•
distributing, or us, of rile rattent •
his Lbssimarict, is prohibited.
Ifyou have received this .7"TuTillTi LC
"""'•.".."••"''''''".“*.• •
*'''''''''''''''''''' ''''''''''''

ie
,
I

less ]. Gonzalez

Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(213) 978-2130
Fax no. 1213) 978-2082
if inft****"."'Calf
nt Lel, ty Notice *••••"*"*"*""""`"****
This ultstrynin mien:is transmission contains information
from the 011if t of the Lou Angeles City Attorney, which may be confidential or protected by the attorney-tile
distribut inn or use of the content of this information is prohibited. If you have received this communicatio
"flint"'''''""••••••""f"'"iff",
""*"-"*"."
0"."*".."""•."4"•

privilege and/or the
n error, please notif

Jess J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.:(2111 978-2130
Fax no.(213) 978-2082
"ff
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•'''''"• •

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information
Ero, o
r the. Lou Angel
orney, which may be confidential or protected by the attorney-client pia
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•'''''''''''''"—rift''''''''''''''''itfl"."..."'""ir""`""
t"-

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 Page 2 of2

301SZGAIllei
SupliVIOngiMmIstireCZOOTOmley
PublitSsfitiCkeneemICommelDwaien
pals s oft OOti
4 &2 3Q
faxcn'
elg.(21311
O aUln22A2
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Jas J. Gamin
Supervising Assistant illy Money
Pubic Safety General Counsel DMeon
Police Discovery Section
Office Tel.:(21314178-711g
Fax no.(711)cr/R-70$117
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RYAN COOPER - Re: AB 829-Nazarian

RYAN COOPER
From:
To:
Gonzalez, less
Date:
4/23/2015 10:47 AM
Subject: Re: AB 829-Nazarian

lot
>>> Jess Gonzalez <jess.gonzafez@lacity.org> 4/23/2015 10:45 AM >»

For you! I'm having our Systems people come by to check it out.
On Thu, Apr 23, 2015 at 10:40 AM, RYAN COOPER <32635(glaod.lacityorg> wrote:
Awesome
a>> less Gonzalez <less.gonzalevalacityszig> 4/23/2015 10:40 AM >>>

Now, my outgoing email has a larger font but my incoming is still as small as you said.
On Thu, Apr 23, 2015 at 10:24 AM, RYAN COOPER <32635@a land
Are you using Google Chrome or Internet Explorer?

wrote:

>>> less Gonzalez <jggs.gonzalez(Slacity.oro> 4/23/2015 10:04 AM >>>
I will ask someone to show me how to increase the font. My computer goes back and forth between small font and BIG font. Nothing in between.
On Thu, Apr 23, 2015 at 9:39 AM, RYAN COOPER <32635ftlapd.lacity.org> wrote:
Enjoy....lncrease the font or you will go blind!!!
>>> Jess Gonzalez less.gonzalez(glacity.oro> 1/23/2015 9:24 AM a>>
Thanks!
On Thu, Apr 23, 2015 at 9:14 AM, RYAN COOPER <32635&11floThs wrote:
http://www.leginfo.ca.g0Y/Dub/15-16/bill/asm/ab 0801-0850/ab 829 cfa 20150413 092743 asm cornm.html
Start at Page H
>>> less Gonzalez sjess.gonzalesglacity.org> 4/23/2015 9:09 AM >>>
No, I didn't receive the arguments pro or con.
On Thu, Apr 23, 2015 at 9:05 AM, RYAN COOPER <32635alarxilacitY4101> wrote:
I have read them all. Did you see the arguments in support of the bill?
>>> less Gonzalez <less gonzatez(Glacity.org> 4/23/2015 9:04 AM >>>
I obtained three versions of the Bill. It was last amended in Public Safety Committee on March 26, 2015. Do you want copies? As we
discussed, the procedural due process of having an administrative hearing not only to prevent inclusion in the shared data base but also to be
taken out of the data base before the 5 year purge is burdensome, time consuming and costly. Where is the money coming from? I have
requester updates on the Bill.

less J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel,: (213) 978-2130
Fax no.(213)978-2082

Thos erect:L.1dt rdru,dr trtib
to contains information
from the Offr 0 of tht hco, TUVjeik, City Attorney, which may be confidential or protected by the attorney-client privilege and/or
distribution ot ore of the, ,..went et this information is prohibited. If you have received this communication in error, please n
tettrt,ttt*r ............. ......

-less J. Gonzalez
Supervising Assistant City Attorney
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: (213) 978-2130
Fax no.(213) 978-2082
........
T▪ his elec - sore .
tiorarimr,t
_mains information
from the of Este ut the Los Angeier Cit., Attorney, which may be cnfidential or protected Oy the attorney-chent
dirrrifid
tort of the cordent it this information is prohibited. If you have received thin, coxesonira l:on in Alio
iirri..............

ancinc
not

Jess J. Gonzalez
Supervising Assistant City AttomeY
Public Safety General Counsel Division
Police Discovery Section
Office Tel.: (213) 978-2130

file:///C:/Users/32635/AppData/Local/Temp/XPGrpWise/5538CDD7LAPDDomBP0B210... 6/22/2015

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Fax no.()131 97&]087
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Jess J. Gonzalez
Supervising ftagstant City Attorney
Public Safety General Counsel DMvon
Police DilOyiey Section
office Tel •(711)978213Q
Fax no.(213)9782087
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from the office of the Los Angeles City Attorney, which may be confidential or protected by the attorney-client privilege and/or the Nor
notify
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Jess J. Gonzalez
Sureivising Assistant Qty Aborrey
Public Salary General Counsel Cryision
Poke Discovery Section
Office Tel.:(2131978-711Q
Fax no.(213)978-7087
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is J. Gonzalez
Sucervaing Assistant Qty Attorney
Public Safely General Camel Division
Poke Discreet Section
Office Tel.: C211127&2134
Fax no. L7111978-2087
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RYAN COOPER - Re: Fwd: AB 829 APS

From:
RYAN COOPER
To:
SANDOVAL, ARTURO
Date:
4/27/2015 6:19 AM
Subject: Re: Fwd: AB 829 APS

Captain,
Yes sir I have. It looks like the author of the Bill had no idea how the Cal Gangs system actually works. There is a sub-committee hearing this
Wednesday that Lt. Al Vernon (CEB Chair) and Dennis Smiley (both Sonoma County Sheriffs Department) will be testifying at where this Bill will
likely be discussed. The hearing is for funding but it sounds like this will be discussed as well. This Bill will definitely be discussed at the May
CGNAC and CEB meetings. I will keep you updated on anything that comes up regarding it.
Ryan
>>> ARTURO SANDOVAL 4/23/2015 2:54 PM >>>
Ryan. Have you seen this?
Arturo Sandoval, Captain
Assistant Commanding Officer
Gang and Narcotics Division
1213)486-5320
Follow me on Twitter!
@ASandovalLAPD

>>> KEVIN McCARTHY 4/23/2015 2:40 PM >>>

fyi
KEVIN McCARTHY, Commander
Detective Bureau
Los Angeles Police Department
(213)486-7620

>>> Marty Vranicar <mvranicar@cdaa.org> 4/22/2015 2:16 PM >>>
Wayne and Kevin,
Attached please find our letter in opposition to AB829(Nazarian) which would completely destroy the use of the CalGang database as a viable
law enforcement tool in combatting criminal street gangs. So far, CDAA is alone in its opposition to the measure.
Marty Vranicar
Assistant CEO
California District Attorneys Association
921 11th Street, Suite 300 Sacramento, CA 95814
916.443.2017 mrvanicar@cdaa.orz I https://www.cdaaag

CDAA

Ai (IRMA
%h!
I
\ I 1 t/I:1‘,/ \
1,.\H ;‘,

CDAA

. tAi ii ()RN1A
DISN21( !
A'i!)Fll ail
AN*); )r

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RYAN COOPER - RE: AB 829 Analysis as of 4/14/15

From:
To:
Date:
Subtlest

RYAN COOPER
'Room. Anthony'; Smiley, Dennis
4/27/2015 8:04 A64
RE: AB 829 esalyes as of 4/14/15

»> Dennis Smiley <ElswiliS.Smileylbewinsecouilyeig> 4/27/2015 7:59 M4 >>>
OK...
From: Rivera, Anthony IARiveratiOlasd.orgl
Sent Monday. Apia 27, 2015 7:58 AM
TM Danish Smiley
Subject Re: AB 829 Analysis as of 4114/15
Whole county won't be exact because of how other ()opts slat thou murders.
If I give you IASCes and sou get LAMA from Ryan, you we be welly dose to the total number.

On Apr 27, 2015,at 07:55, Dennis Smiley teennis.Snillevesonome-courittnorg> wrote:

ISIsmisions
From: MVP% Anthony ImailtoARherailasd.ossi
Seat: M011811Y,APM 27,20157:54 AM
To: Dennis Smiley
Saltiest Re:AB 829 Analysis*,of4/14/15
Sorry. I mean to say d you wanted for LASO or for the whole county?

On Apr 27.2015,at 07:49, Dennis SnaleY <Dennis SmilevAlsonornecounly.ores wrote:
Anthony
00 yOu LA County Gong homicide numbers for 2014'? for OUr Assembly Sub COMMOlee meeting Wed/W10ay
Dennis Smiley
Otteetve Seipeaat
Leannw inwilistru e ants
gonorm Counts Sheriffs office
1790 venni,* Men,e
Soma Rom Co 9S40/
Tread ciuniestarom000unn erg
Desk: 17011565.1411
for 0771e13-0455
From: awes,Anthony lowiltmARiveraglibsd.egi
Sent: Wednesday. April 22, 20151:01 PM
To: Varly Tramcar; Wendt. Kathy. Cooper,Ryan; Cobb, Mel; Dennis Smiley
Cc: Hewitt, Bryan; Giovanni, Derek
as of 4/14/15
Subject: RE: AB 829 Am
I have read the oppose letter from the Chiefs of Poke and State DA's Assoc. LASD will be submitting one as well.
The main sell is the cost this legislation will create to law enforcement
•
Anthony

Seettamet

4440aq ZwOrti
OS Anielt: County Shone's Department
Operation Safe Streets(Gang Unit)
4331 Lennox Boulevard
Lennox. CA 90304
work' 310-680-250Q
coil: 323-997469S
las 323-4154721
•melee:17.one>
From: Miny Manual Maiko:mvrenicarfecdaa.orgl
Sent: Wednesday, April 22.2015 2:49PM
TO: Wendt Kathy;Cooper Mau Cobb Joat DSMiLEYOronome coon:volt; Rivera, Anthony
Cc Hewitt, Bryan;Giovanni. Derek
Subject RE:AS829 Analysis as of 4/14/1S
Kathy.
Thanks loi lending this out. l just sent Alan Vernon a copy of our oppose letter and the tall to put on the agenda for CEP i gust spoke with LASLeg advocate and
who will be sending an oppose It, as well as the State Shenfls Assn I hove also sent a copy to my contact in LAPD
Many %Nankai
Assistant Li0
California District Attorneys Association
921 11th Street, Suite 300 Sacramento, CA 95814
916.443.2017 I mrvan.careCid du.sig I httos://www.cdaa.org

omaitt010.ones
cimage008.jpg>

ern

<Image009.png>

From: Wendt,Kathy imailto:Kathy wendlesia.com)

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Sent Tuesday, April 21, 2015 12:34 PM
To: Marty Vranicar; Cooper Ryan (rcooper(alasd.org); Cobb, Joel; DSMILEY@Sonoma-county,orp•ARiyeraPlasd.orr,
Cc: Hewitt, Bryan; Giovanni, Derek
Subject: AB 829 Analysis as of 4/14/1.S
All,
Bryan has a point. Shouldn't CGNAC be taking some action?
Right now only the CDAA is shown in opposition?
What about getting the Sherriff's and Chiefs of Police Associations to submit something in opposition?
And having each Node send something to their Assembly person? And to the Chair of Public Safety?
And I would think this would affect WSIN as well, Should someone reach out to Karen Aumond?
Below is the Bill Analysls.
25. LI,

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0
AB 829
Page A
Date of Hearing: April 14, 2015
Counsel:
Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
829 Ittetzarian/ - As Mended March 26, 2015
SULINAAY: Outlines procedural due process rights for persons
designated for inclusion an a shared gang database.
Specifically, this bill:
liRequire a local law enforcement agency to provide written
notice to a person. or if the person is under IS years ef age.
his or her parent o: guardian• prior to making the gang
designation.
2IAuthorizes 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 int°aaaaa on, subject to
speedier! except ions.
31Provides that • person, or his or her parent or guardian, as
applicable, may contest a gang 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.
AB 829
Page FA
41Authorizes a person whose written request for removal is
denied to appeal the decision at an admini
Ig
conducted by a hearing officer, as specified.
SiPermits s person to request a review of an unfaveraofe
aecision of the hearingofficer, 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.
61Requires a local law enforcement agency remove a person
designated in a ahareo gang database based on specified
criterra, or it the designation is successfully contested, and
Co notify the person and his or her parent or guardian, as
applicable, upon removal. Tho grounds for removal are the
following:
a)
The person is designated in the shared gang database.
but has not been arrested, charged with, or convicted of a
crime In the five-year period after initial entry in the
database;
bl
The person is designated in the database, and was
subsequently arrested for, but not charged with or
convicted of. a crime in the five-year period after the
date or arrest;
el
The person is designated in the database as the result
Of an arrest. but was not charged with or 1:011V:Cted of a
Cried in the eve-yea: period after the date of the arrest;
or
di
The person Is designated in the database and is
seuseciouialy arrestedand charged with a crime. but is not
convicted of a eras* within the five-year period after the
date of the arrest.
',States that a law enforcement agency shall remove or cause co
bo removed a person who as designated as a suspected gong
AB 829
Page C
member, associate, or affiliate, and who is subsequently
arrested tor, charged with, and convicted of a crime, if the
person successfully completes his or her probation or parole
and more than flue years have passed since the date of the
last modification to his or her entry in the database.
BIRequires the Department of Justice IDOJi annually report
specified information relating to requests for removal and
removal of persons from the CalGang shared gang database
System. The report shall inClude:
a)
The number of persons added to the CalGang system during
the immediately preceding 12 months;
bi
The number of requests for removal of a person from the
CalGang system received during the immediately preceding I?
months:
el
The number of approved requests for removal from the
CalGang system during the preceding 12 months: and
di
The number of automatic removals from the CalGang apnea
during the preceding 12 months.
91Prohiblts the Victims Compensation and Government Claims 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.
EXISTING LAW:
liDefines a 'criminal street gang' as any ongoing organization,
association. or group of three or more persons . . . having as
one of its primary activities the commission of one or more
enumerated offenses, having a common name or identifying sign
Or symbol, and whose members individually or collectively
AB 829
Page D
engage in a pattern of criminal gang activity. IPen. Code. S
106.22. subs!. If).)
2;Provides that any person who actively participates in a
criminal street gang with knowledge that its members engage In
or have engaged in a pattern of criminal gang activity and who
promotes, furthers, or assists in any felonious conduct by

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members of the gang is guilty of an alternate
felony-misdemeanor. (Pen. Code, S 186.22, subd.
3)Provides that any person who Is convicted of a felony
committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific
intent to promote. further, or assist in criminal conduct by
gang members, shall receive a sentence enhancement, as
specified. (Pen. Code, S 106.22. subd.
4)Provides that any person who is convicted of either a felony
or misdemeanor that is committed for the benefit of, at the
direction of. or in association with any criminal street gang.
with the specific intent to promote. further. or assist in any
criminal conduct by gang members. shall be punished by
lesoisunment In the county jail for up to ono year or by 1, 2,
or 3 years in atm(' prison. (Pen. Code. S 186.22, subd. Id).)
Sillefines 'pattern of criminal gang activity' es the commission
of two or more of enumerated offenses. provided at least one
of the offenses occurred after the effective date of the
statute and the last of the offenses occurred within three
years after a prior offense, and the offenses were committed
on separate occasions, or by two or more parsons. (Pen. Code,
S 186.22, subd. lel.)
6iltequires any person who is convicted in criminal court or who
has a petition sustained in a juvenile court of one of the
specified criminal street gang offenses or enhancements to
register with the local Police Chief or Sheriff within 10 days
of release Iron custody or within 10 days of his or her
arrival in any city, county, or city and county to reside
AB 829
Page E
there, whichever is first. cPen. Code. 5 100.30. sabds. le/ t
(b:.1
>I Provides that when a minor has been tried as an adult and
convicted in a criminal court or has had a petition sustained
in a WMPUISO torsi for any cf the specified criminal street
gang offenses or enhancements, a law enforcement agency shall
notify the minor and his or her parent that the manor belongs
to a gang Whose members engage in or have engaged in a pattern
of criminal activity as described. (Pen. Code, 4 186.32
(e)11)110/.1
8/Requires the court, at the time of sentencing in adult court
or dispositional hearing in juvenile court, to inform any
person subject to registration detailed above of his or her
duty to register and requires that the parole or probation
officer assigned to that person to verify that the person has
complied with the registration requirements. (Pen. Code. 5
106.31.1
4Requires local taw enforcement to notify a minor and his or
her parent or guardian before designating that minor es a gang
member. associate, of affil aate in a shared gang database and
the basis fur the designation. (Pen. Code 5 186.34./
FISCAL EFFECT: Unknown
COMMFATS:
1lAutnor's Statement: According to the author. 'Since the
mid-1980s, law enforcement agencies, throughout California,
have increasingly engaged in the collection of personal
information to label and track people, overwhelmingly youth
and yoong OdUit6 of color. as 'gang members.' This process
lacks oversight and transparency. The policies and procedures
governing the CalGang Database and other local databases are
not clear, not consistent In their application, not widely
shared, and not standardized across law enforcement
AB 829
Page F
departments and jurisdictions. AB 829 sheds light On the
process of including individuals in gang databases. This bill
does not prohibit nor limit law enforcement's use of a gang
database. This bill simply ensures individuals are notifying
and giden the opportunity to clear their name.
'Once information is captured by local law enforcement and
entered onto either local and/oz the statewide CalGang
database. a person is considered to be 'known as an active
gang member.' Since the natabases are used as an internal
surveillance tool, information about who is in the database is
not shared. Persons under the age of 18 and their parents only
won the right to notification, appeal, and removal with SB
458. Chapter 791, Statute of 2013. However, individual.s over
the age of 17 who are added to CalGang, and Individuals of any
age, including minors, who are added to other gang databases
have no legal right to be notified, and have no opportunity to
appeal their designation.
"AB 829 sheds light on the process of including individuals in
gang databases. This does not prohibit nor limit law
enforcement's use of a gang database. This bill simply
conforms to the due process afforded, to individuals, by the
14th and 5th Amendments by notifying and granting individuals
the opportunity tO clear their
'Placement in a gang Database Can have drastic Immigration
consequences, including limiting a person's ability to adjust
immigration status for residency or citizenship. Specifically,
when applying for DACA and the newly created OAPS program.
Additionally. those in a gang databases face obstacles
obtaining employment and social service benefits. One example
of this occurs when a person is a victim of a crime such as
robbery. sexual assault. child abuse and domestic violence.
The victim would likely be denied the ability to access
California's Victim Compensation Program because of their
Inclusion in the gang database, keeping them from getting the
care they need.'

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AB 829
Page G
])General Effects of this Bill are co Include Due Process Rights
for those Designated: In general this bill will do the
following things as app/red to persons who are being added to
a CalGang database:
a)
This nil will provide written notice, to people who are
being designated and added to s CalGang database. Under
existing law, the notification Is only provided to minors.
This bill permits persons to request information
01
rounding their status. or the status of their dependents,
subject to specif lea public safety exceptions.
t)
This bill authorizes people to submit w eeeeee requests
for remove: loom a gang database.
This bill permits a person to request administrative
al
review of a denied request, and an appeal to a court of
competent jurisdiction.
This bill outlines the process for grounds for removal
from a gang database.
f;
This bill requires that DOS conduct an annual report on
specified statistics related to who is included in gang
databases, numbers or requests for removal, and statistics
related co those removed.
gl
This bill additionally specifies that the Victims
Compensation and Government Claims Board cannot deny an
application on the basis of the person being included on a
gang database.
31History of Shared Gang Databases: In 1907. the Los Angeles
County Sheriff's Department developed the Gang Repotting,
Evaluation and Tracking System (GREAT), the nation's first
gang database. "Before GREAT existed, police departments
collected Information on gang members in locally maintained
Ala 829
Page 0
files, but could not access information that had been
collected by other law enforcement agencies.• (Stacey Leyton,
The New Blacklists: The Threat to Civil Liberties Posed by
Gang Databases ra chapter in Crime Control and Social Justice:
The Delicate Balance, edited by Darnell F. Hawkins. Samuel L.
Nyers Jr. and Randolph N. Stone, Westport, CT, 2003. The
African American Experience. Greenwood Publishing Group, Mar.
Using GREAT, local law enforcement could
27. 2013.0>
collect, store, centre/32e, analyze. and disperse Information
about alleged gang members.
In 1985. the Legislature passed the Street Terrorism
Enforcement and Prevention (STEP, Act, assestang California to
be 'in a state of crisis? caused ty violent street gangs whose
maroon threaten. Terrorize and commit a multitude of envies
against the peaceful citizens of tnoir neighborhoods.' (Penal
Code Section 186.21 119661.) The STEP Act established the
nation's first fief:ninon. of •criminal street gang,' pattern
of criminal gang activity,' and codified penalties for
participation in a criminal Street gang.
In 1997, less than a decade after the regional GREAT database
was first created, the regional GREAT databases were
integrated into a new unified statewide database, ColGeng,
with the gone of making the database easier to use and less
expensive to access.<2> CalGang operates pursuant to the 2960
Omnibus Crime Control and Safe Streets Act, which requires
<1>
< hti u://testaee.nteemwood.com/doryr Int...ssox?nleitimGM0790Fachapt.
erlD•040790E-647loath•chunkbook 7, citing GREAT System Overview.
Tne Eighth Annual Organized Crime and Criminal Intelligence
Training Conference, August 23-26, 1994.1
<2> (Leyton. supra, et 113. citing Patrick Thibodeau. Cops Wield
Database )n War on Street Gangs, Computerworld, Sept. 1. 1991,
at 4: and Ray Dassault, Ganglion A New Too: in the War on Gangs.
California Computer News. January 1997
g hctm://www.aowtech.pmmimaga ee neefatiGenoNet-A-New-Tcol-in-tne.ht
ml?panom3
AB 829
Page I
that 'ell criminal intelligence systems ? are utilized in
conformance with the privacy and constitutional rights of
indivlduals."<I>
4)ReqUIred Parental Notification of a Minor's Duty to Reg e
as a Gang Member: Prior to 2013, if a minor is convicted when
tried as an adult, or had a petition sustained in a juvenile
court, his or her parent or guardian was required to be
notified of a requirement to register with a local sheriff's
office upon release frail custody or moving to a new city or
county. (Pen. Code, 6 186.32, sued. (8111)111).1 Parents were
notified when a minor was designated in the CalGang database
as a suspected gang member, associate. or affiliate.
Although a conviction or declaration of wardship was no:
required for a minor to be placed in LSO CalGang database.
serious consequences to the minor could flow from that action.
AR 456 (Wright,. Chapter 797. Statutes of 2013 required a
local law enforcement agency to notify any Person under 16
years of age and his or her parent or guardian of the minor's
designation in a shared gang database and the basis for the
designation before the minor wag designated as a suspected
gang member, associate or affiliate in a shared gang database,
regardless of conviction status.
S)Appllcation of Shared Gang Databases: Today, the CalGang
system is accessed by over 6,000 law enforcement officers In

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58 counties. The database tracks 200 data fields including
name, address, physical information, social security number,
and racial makeup and records all encounters police have with
the individual. (Leyton, supra. al. 113.1 CalGang IS a
web-based Intranet system accessible by police departments by
way of computer. telephone, and web browser that allows law
enforcement to check an individual'S record In real time.
<3> (Criminal Intelligence Systeme, Operating Policies, 28 CFR
Part 23,
< http,/rwy
,
rorariBCFR Proacao/28(TR neSourcefaxecorderi2291
26CFRPerc23.pdf/ >.I
AB 829
Page J
Mild.) For example. qualified law enforcement personnel may
sign on to the CalGeng database from a laptop in their petrol
car and locate a source document regarding a specific
individual about whole law enforcement seeks information.
Concerns have been raised regarding the secrecy of the CalGang
database and the accuracy of records entered into CalGang.
For example. In 1999. then-Attorney General Bill Lockyer
described the database as •eixlingl verified criminal history
and gang affiliations with unverified intelligence and hearsay
evidence, including reports on persons who have committed no
crime.' "This database,' he wont on 'cannot and should not be
used. In California or elsewhere, to decide whether or not a
person is dangerous 01 should be detained.' (Ibid.1
Moreover, with 201.094 people currently listed on CalGang.
community groups have expressed Concern about transparency.
accountability, notification, release of information to policy
makers and the public, and independent evaluations regarding
the effectiveness of such snared databases in reducing
Cc ime.44>
Youth Justice Coalition states that CalGang •dramatically
expands rim criminals Cation of individuals and communities"
noting chat the database is used routinely to determine who
should be served with civil gang injunctions, given gang
enhancements during sentencing and targeted for saturation
policing. With no notification system, community members Say,
CalGang has become a •secret surveillance tool,• for
Monitoring children. This system dramatically impacts the way
those children are seen and treated by law enforcement without
notifying families who may wish to intervene, move to a new
neighborhood or place their child into an intervention
program. Md.) Although the exact number of minors
.4> (See Asia Mania ana Kim McGill, Tracked and Trapped: Youth of
color. Gang Databases and Gang Injunctions. Youth Justice
Coalition, Dec. 2012
< httv://x.iw.-.)utheluslice.ora/wo-conientfurloads:2012/12/Trackedot
ndTrADoed.odI >.l
AB 829
Page K
designated is unknonah approximately 101 of those listed on
the CalGang database are 19 years of ago or younger. (Id.)
Law enforcement representatives, however. have emphasized that
any records which are not modified by the addition of new
criteria for floe years will be purged. Thus, a person need
only avoid gang-qualifying criteria for five years to ensure
that he or she will be stricken from the database.
However, as a practical matter, It may be difficult for a
minor living in a gang-heavy community to avoid qualifying
criteria when tne list of behaviors includes items such as 'is
in a pnotograph with known gang members.• •nave is On a gang
document. hit list or gang-related graffiti' or 'corresponds
with knowr gang markers or write! •nd/Cr receives
correspondence.' In a media-heavy environment, replete with
Camera phones and social network COMMents, it may bo
challenging for a teenager aware of the exact parameters to
avoid soch crilettn, let alone a teenager unaware of he or she
is being held to such standards.
61Argdment in Support: According to Asian Americans Advancing
Justice, 'Asian Law Caucus (AAAJ-A1C1 strongly supports AB
829. which sheds light on the process of including individuals
in gang databases. This ball does not prohibit nor limit law
enforcement's use of a gang database. He thank you for
Introducing this proposal. The aaaa ion of AAA(-ALC is to
promote, advance. and represent the legal and civil rights of
Asian and Pacific Islander communities. Recognizing that
social, economic, political and racial inequalities continue
to exist In the united States, MAJ-ALC is committed co the
pursuit of equality and justice for all sectors of our society
with a specific focus directed toward addressing the needs of
low-income, immigrant• and underserved APIs.
•Since the mid-19806, law entorcement agencies throughout
AB 82g
Page L
California hove increasingly engaged in the collection of
persona! information to label and tract people overwhelmingly youth and young adults of color - as 'gang
members.' Thie process lacks oversight and transparency. All
629 is a follow-up to Sb 458, Chapter 793. Statute of 2013,
which required law enforcement to notify persons under the age
of 18 and their parents if the minor was included in the
CalGang database. SO 458 also provides for the right to
appeal and co remove a name from CalGang. However, people over
the age of 13 who are added to CalGang, and individuals of any
age, including minors. who are added to local gang databases
have no legal right to be notified, and nave no opportunity to
appeal their designation.

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•Specifically, AB 829 accomplishes the following:
Requires that all persons entered into the gang database
be notified of their inclusion in the database.
Allows individuals the opportunity to contest their
inclusion In the database.
Requires the notification to specify the petition
process to remove the name of the individual, if he or she
feels they have been wrongly identified.
Requires law enforcement agencies to respond to all
petitions within 6U days.
Requires the state to report. by county, on the number
of names added to the gang database each year, how many
requests to remove were received and now many requests were
approved.
'
AR 629 grants individuals the basic fundamental right to
***** their name. Placement in a gang database Can have
drastic immigration consequences, including limiting a
person's ability to adjust (migration status for residency or
citizenship; can eliminate a person's and even their family's
access to public housing and Section 8; can limit access to
employment and educational opportunities: and can lead to
increasedpenalties, such es gang enhancements in court.'
AB 829
Page M
liArgument in Opposition: According to the California District
Attorneys Association. 'This bill would create a notification
process for anyone whose name is placed in a law enforcement
shared gang database. as well as three opportunities for
appeal, during which law enforcement agencies would be
required to share sensitive information with the suspected
gang member.
'Under AB 829, once a suspected gang member is notified of his
or her placement .n a shared gang database. they can contest
the designation blew PC 186.441. Jr the law enforcement
agency denres that request, they must state the reasons for
the suspect's inclusion in the database. This is tantamount
to allowing a suspect Lo view sensitive ineeee Agana, that the
law enforcement agency has collected. The subject would then
be able to request en administrative hearing thew PC 186.4601.
which the law enforcement agency would be required to grant.
During that hearing (which would be considerably delayed in
light of the two coneeeeences that the agency would be
required to grant). the suspect may subpoena officers.
documents, and other sensitive information. If the hearing
officer finds that the suspect should not be removed fro. the
database, the suspect may request another review of that
decision :new PC 186.4721, which the law enforcement agency is
again required to grant.
'
In adcution to 'he policy concerns that AB 829 raises, the
cost of preparing and staffing these he/nines would be
overwnelorng.
'"it's hard to imagine any other instance in winch we would
:el a suspect. during an investigation, invade police
deliberations with a hearing for, in tnis case, three) on
whether he or she should continue to be a suspect.'
2)Prsor Legislation:
al
S8 458 Wright/. Chapter 797, Statutes of 2013. required
local law enforcement to notify a minor and his or her
AB 829
Page N
parent or guardian before designating that minor as a gang
member, associate, or affiliate in a shared gang database
and the basis for the designation.
AR 177 Mendoza). Chapter 258. Statutes of 2011.
b)
expended the authority of the juvenile court to order the
ice
parent or guardian of a minor to attend snLi-gang
parenting classes.
O
S6 296 !weight), of the 2011-12 Legislative Session.
would have created a process whereoy a person subject to
gang injunction could petition for injunctive relief if the
person met certain criteria. 50 296 was vetoed by the
Governor.
dl
AB 130 iTranl. of the 2009-10 Legislative Session,
would have established the Graffiti and Gang Technology
Fund. in which vandalism fines were to be deposited, to be
continuously appropriated to the Department of Justice
exclusively for the costs of technological advancements for
law enforcement in the identification and apprehension of
vandals and gang members, as specified. AB 1392 was held
on the suspense file of the Assembly Committee on
Appropriations.
O
AB 1291 (Mendoza), chapter 457, Statutes of 2007,
authorized anti-gang violence classes for parents of
juveniles found in violation cl specified gang-related
offenses.
0
AB WO Manner/, of the 2007-08 Legislative Session,
would have required those who are convicted of a street
gang crime and to annually register and re-register upon
changing his or her residence. AB 1630 failed passage In
this (MIMI flee.
ci)
AB 2562 ifUlleri. of the 2007-08 Legislative Session,
would have increased the penalty from a misdemeanor to
felony punishable by 16 months or two or three years In the
AS 829
Page 0
state prison for failingto register as a member of a
criminal street gang under specified circumstances. PA
2562 failed passage in this corimAttee.
REGISTERED SUPPORT / OPPOSITION:

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 Page 8 of8

Support
AlleriCSS Civil Liberties Union
Asian Americans Advancing Justice
California ACtOrlItyS tot Criminal Just
caiifornia Immigrant Policy Center
California Public Detendera Association
:migrant Legal Resource Center
Immigrant Youth Coalition
Korean Resource Center
Legal Services for P1'130110(3 with children
National Day Laborer Organising Network
National Imigration ban Cei:tet
N61.010 Hawaiian and Pacific Islander Alliance
Youth Justice Coalition
opposition
California District Attorneys Association
AnalysiS Prepared
Gabriel Caswell / PUB. S. / 19161 319-374i
by:

file:///C:/Users/32635/AppData/Local/Temp/XPGrpWise/553DEDA9LAPDDomBP0B21... 6/22/2015

 From:
RYAN COOPER
PAGAN
To:
Date:
4/28/2015 8:05 AM
Subject:
http://wwwleginfo.ca.gov/pub/15-16/bill/asm/ab_08010850/ab_829_bill_20150427_status.html

 From:
RYAN COOPER
To:
PAGAN
Date:
4/28/2015 10:24 AM
Subject:
http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_08010850/ab_829_cfa_20150427_111741_asm_comm.html

 Page 1 of 1

RYAN COOPER - AB 829

From:

RYAN COOPER

To:
Date:
Subject:

ALBANESE, KIRK
4/28/2015 3:40 PM
AB 829

CC:
BC:

LEFLER, SANDRA; CREW, DAVID; GORDON, KEITH; HEARN, CHARLES; SANDOVAL...
FLORES, LUZ; MARTINEZ, JORGE; PAGAN

Chief,
AB 829 failed in the Assembly Judiciary Committee today. It could be restructured but according to the e-mails
I received while I was meeting with you it appears dead in the water. I will have a copy of the failed vote
tomorrow. Thank you for your help with this issue.
Ryan
Detective Ryan Cooper #32635
Los Angeles Police Department
Gang and Narcotics Division
(213)486-5330
32635@lapd.lacity.orq

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 Page 1 of 1

RYAN COOPER - Re: SB 829 Notes

From:
To:
Date:
Subject:

RYAN COOPER
CREW, DAVID
4/29/2015 5:46 AM
Re: SB 829 Notes

I gave them to Daisy after I made copies.
>>> DAVID CREW 4/28/2015 5:10 PM >»
Hello,
Would I be able to get the Chiefs (Original Notes) from the SB 829 meeting from today.
Thank you
Crew

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RYAN COOPER - Re: AB 829

From:

RYAN COOPER

To:
ALBANESE, KIRK
Date:
4/29/2015 5:58 AM
Subject: Re: AB 829

You are welcome sir. Thanks for your guidance.
Ryan
>>> KIRK ALBANESE 4/28/2015 5:11 PM >>>
Great news thanks Ryan. Also, great job briefing the Chief this afternoon.
Thanks again,
KA
>>> RYAN COOPER 4/28/2015 3:40 PM >»
Chief,
AB 829 failed in the Assembly Judiciary Committee today. It could be restructured but according to the e-mails
I received while I was meeting with you it appears dead in the water. I will have a copy of the failed vote
tomorrow. Thank you for your help with this issue.
Ryan
Detective Ryan Cooper #32635
Los Angeles Police Department
Gang and Narcotics Division
(213)486-5330
32635©lapd.lacity.org

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 Page 1 of 1

RYAN COOPER - Re: AB 829 Response

From:
To:
Date:
Subject:

RYAN COOPER
Gomez, Ernie
5/13/2015 8:31 AM
Re: AB 829 Response

The bill "died" was the last I heard. Once I get thru all of these emails I am going to check on the status and
make sure it is still dead. But thanks for volunteering!!
>>> "Gomez, Ernie" <Ernie.Gomez@da.ocgov.com> 5/12/2015 3:29 PM >>>
Hey Ryan,
Did you ever get volunteers to draft an opposition letter? If not, I can be one of two. Your thoughts?
Thank you,
Ernie Gomez
Supervising Investigator
Gang Unit
Orange County District Attorney's Office
(714) 3474844

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 Page 1 of 1

RYAN COOPER - RE: AB 829 Response

From:
RYAN COOPER
To:
Gomez, Ernie
Date:
5/13/2015 8:44 AM
Subject: RE: AB 829 Response

Roger that....Despite what Jorge Martinez says you are a good guy!!
Thanks
>>> "Gomez, Ernie" <Ernie.Gomez@da.ocgov.com> 5/13/2015 8:32 AM >>>
Well if something develops and we need to be ready to respond, I'm in.
Ernie
From: RYAN COOPER [3263501apd.lacity.orgj
Sent: Wednesday, May 13, 2015 8:31 AM
To: Gomez, Ernie
Subject: Re: AB 829 Response
The bill "died" was the last I heard. Once I get thru all of these emails I am going to check on the status and make
sure it is still dead. But thanks for volunteering!!
>>> "Gomez, Ernie" <Ernie.Gomez@da.oceov.com> 5/12/2015 3:29 PM >>>
Hey Ryan,
Did you ever get volunteers to draft an opposition letter? If not, I can be one of two. Your thoughts?
Thank you,

Ernie Gomez
Supervising Investigator
Gang Unit
Orange County District Attorney's Office
(714) 347-8844

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 Page 1 of I

RYAN COOPER - Re: Ab829

RYAN COOPER
Cobb, Joel; Vranicar, Marty
To:
6/4/2015 5:30 AM
Date:
Subject: Re: Ab829
Smiley, Dennis; Wendt, Kathy
CC:
From:

Thanks Marty for keeping us updated.
>>> Marty Vranicar <mvranicar@cdaa.org> 6/3/2015 2:55 PM >>>
Good to hear. I am meeting with the author on Monday to try to convince him to not bring it up next year
Sent from my iPhone
On Jun 3, 2015, at 2:45 PM, Cobb, Joel <Joel.Cobb@fresnosheriff.orq> wrote:
Just thought I would pass this along while I recall...
Talked with our Regional PORAC folks about this Assembly Bill. State PORAC lobbyists are
apparently also all over it and are keeping an eye on it if it comes back up.
Joel
From: Wendt, Kathy [mailto:Kathy Wendt@sra.com]
Sent: Wednesday, April 29, 2015 6:13 AM
To: Dennis Smiley; Ryan Cooper; Cobb, Joel
Subject: RE: Ab829
Attached is the analysis from the Judiciary.
Kathryn A. Wendt, PMP
c: 916.549.6014 o: 916.788.2669
e: kathv wendtsra.corn
Every day may not be good, but there's something good in every day.
Enduring Values. Inspired Performance.TM
A Please consider the environment before printing this e-mail
co onto of Mrs ]tormal c. r

Y, pp-Pbbyp

J.

tno elector,: -bbbonabon mepor, pleb se nobly SCE pnmeUprely by calling 866-554-2143

From: Dennis Smiley [mailto:Dennis.Smiley@sonoma-county.orq]
Sent: Tuesday, April 28, 2015 7:02 PM
To: Ryan Cooper; Joel Cobb; Wendt, Kathy
Subject: Ab829
Rumor has it that 829 failed to pass the Judiciary Committee, 3 Reps, and I Dem against, 3
Dems for, and 3 Dems abstaining...
They could still try to squeeze it into the Budget..
Sent rom my Verizon Wireless 4G LTE DROID

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6/22/2015