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This chapter shall be known and may be cited as the "California Street
Terrorism Enforcement and Prevention Act." The Legislature hereby finds and declares that it is the right of every person,
regardless of race, color, creed, religion, national origin, sex, age, sexual
orientation, or handicap, to be secure and protected from fear, intimidation,
and physical harm caused by the activities of violent groups and individuals.
It is not the intent of this chapter to interfere with the exercise of the constitutionally
protected rights of freedom of expression and association. The Legislature hereby
recognizes the constitutional right of every citizen to harbor and express beliefs
on any lawful subject whatsoever, to lawfully associate with others who share
similar beliefs, to petition lawfully constituted authority for a redress of
perceived grievances, and to participate in the electoral process. The Legislature,
however, further finds that the State of California is in a state of crisis
which has been caused by violent street gangs whose members threaten, terrorize,
and commit a multitude of crimes against the peaceful citizens of their neighborhoods.
These activities, both individually and collectively, present a clear and present
danger to public order and safety and are not constitutionally protected. The
Legislature finds that there are nearly 600 criminal street gangs operating
in California, and that the number of gang-related murders is increasing. The
Legislature also finds that in Los Angeles County alone there were 328 gang-related
murders in 1986, and that gang homicides in 1987 have increased 80 percent over
1986. It is the intent of the Legislature in enacting this chapter to seek the
eradication of criminal activity by street gangs by focusing upon patterns of
criminal gang activity and upon the organized nature of street gangs, which
together, are the chief source of terror created by street gangs. The Legislature
further finds that an effective means of punishing and deterring the criminal
activities of street gangs is through forfeiture of the profits, proceeds, and
instrumentalities acquired, accumulated, or used by street gangs. 186.30. (a) Any person described in subdivision (b) shall
register with the chief of police of the city in which he or she resides, or
the sheriff of the county if he or she resides in an unincorporated area, within
10 days of release from custody or within 10 days of his or her arrival in any
city, county, or city and county to reside there, whichever occurs first. (b)
Subdivision (a) shall apply to any person convicted in a criminal court or who
has had a petition sustained in a juvenile court in this state for any of the
following offenses: (1) Subdivision (a) of Section 186.22. (2) Any crime where the enhancement specified in subdivision (b) of Section
186.22 is found to be true. (3) Any crime that the court finds is gang related at the time of sentencing
or disposition. 186.31. At the time of sentencing in adult court, or at the
time of the dispositional hearing in the juvenile court, the court shall inform
any person subject to Section 186.30 of his or her duty to register pursuant
to that section. This advisement shall be noted in the court minute order. The
court clerk shall send a copy of the minute order to the law enforcement agency
with jurisdiction for the last known address of the person subject to registration
under Section 186.30. The parole officer or the probation officer assigned to
that person shall verify that he or she has complied with the registration requirements
of Section 186.30. 186.32. (a) The registration required by Section 186.30 shall
consist of the following: (1) Juvenile registration shall include the following: (A) The juvenile shall appear at the law enforcement agency with a parent or
guardian. (B) The law enforcement agency shall serve the juvenile and the parent with
a California Street Terrorism Enforcement and Prevention Act notification which
shall include, where applicable, that the juvenile belongs to a gang whose members
engage in or have engaged in a pattern of criminal gang activity as described
in subdivision (e) of Section 186.22. (C) A written statement signed by the juvenile, giving any information that
may be required by the law enforcement agency, shall be submitted to the law
enforcement agency. (D) The fingerprints and current photograph of the juvenile shall be submitted
to the law enforcement agency. (2) Adult registration shall include the following: (A) The adult shall appear at the law enforcement agency. (B) The law enforcement agency shall serve the adult with a California Street
Terrorism Enforcement and Prevention Act notification which shall include, where
applicable, that the adult belongs to a gang whose members engage in or have
engaged in a pattern of criminal gang activity as described in subdivision (e)
of Section 186.22. (C) A written statement, signed by the adult, giving any information that may
be required by the law enforcement agency, shall be submitted to the law enforcement
agency. (D) The fingerprints and current photograph of the adult shall be submitted
to the law enforcement agency. (b) Within 10 days of changing his or her residence address, any person subject
to Section 186.30 shall inform, in writing, the law enforcement agency with
whom he or she last registered of his or her new address. If his or her new
residence address is located within the jurisdiction of a law enforcement agency
other than the agency where he or she last registered, he or she shall register
with the new law enforcement agency, in writing, within 10 days of the change
of residence. (c) All registration requirements set forth in this article shall terminate
five years after the last imposition of a registration requirement pursuant
to Section 186.30. (d) The statements, photographs and fingerprints required under this section
shall not be open to inspection by any person other than a regularly employed
peace or other law enforcement officer. (e) Nothing in this section or Section 186.30 or 186.31 shall preclude a court
in its discretion from imposing the registration requirements as set forth in
those sections in a gang-related crime. 186.33. (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to Section 186.30
and is subsequently convicted of, or any person for whom a petition is subsequently
sustained for a violation of, any of the offenses specified in Section 186.30,
shall be punished by an additional term of imprisonment in the state prison
for 16 months, or 2, or 3 years. The court shall order imposition of the middle
term unless there are circumstances in aggravation or mitigation. The court
shall state its reasons for the enhancement choice on the record at the time
of sentencing. (2) The existence of any fact bringing a person under this subdivision shall
be alleged in the information, indictment, or petition, and be either admitted
by the defendant or minor in open court, or found to be true or not true by
the trier of fact. 13825.1. This chapter shall be known and may be cited as the
California Gang, Crime, and Violence Prevention Partnership Program. 13825.2. (a) The California Gang, Crime, and Violence Prevention
Partnership Program shall be administered by the Department of Justice for the
purposes of reducing gang, criminal activity, and youth violence to the extent
authorized pursuant to this chapter in communities with a high incidence of
gang violence, including, but not limited to, the communities of Fresno, Glendale,
Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino,
San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and Venice. The
department shall also consider communities that meet any one of the following
criteria: (1) An at-risk youth population, as defined in subdivision (c) of Section 13825.4,
that is significantly disproportionate to the general youth population of that
community. (2) A juvenile arrest rate that is significantly disproportionate to the general
youth population of that community. (3) Significant juvenile gang problems or a high number of juvenile gang-affiliated
acts of violence. (b) All state and local juvenile detention facilities, including, but not limited
to, facilities, juvenile halls, youth ranches, and youth camps of the Department
of the Youth Authority, shall also be considered eligible to receive services
through community-based organizations or nonprofit agencies that are operating
programs funded under this chapter. 13825.3. All funds made available to the Department of Justice
for purposes of this chapter shall be disbursed in accordance with this chapter
to community-based organizations and nonprofit agencies that comply with the
program requirements of Section 13825.4 and the funding criteria of Section
13825.5 of this chapter. (a) Funds disbursed under this chapter may enhance, but shall not supplant
local, state, or federal funds that would, in the absence of the California
Gang, Crime, and Violence Prevention Partnership Program, be made available
for the prevention or intervention of youth involvement in gangs, crime, or
violence. (b) The applicant community-based organization or nonprofit agency may enter
into interagency agreements between it and a fiscal agent that will allow the
fiscal agent to manage the funds awarded to the community-based organization
or nonprofit agency. (c) Before April 15, 1998, the department shall prepare and file administrative
guidelines and procedures for the California Gang, Crime, and Violence Prevention
Partnership Program consistent with this chapter. (d) Before July 1, 1998, the department shall issue a "request for funding
proposal" that informs applicants of the purposes and availability of funds
to be awarded under this chapter and solicits proposals from community-based
organizations and nonprofit agencies to provide services consistent with this
chapter. (e) The department shall conduct an evaluation of the California Gang, Crime,
and Violence Prevention Partnership Program after two years of program operation
and each year thereafter, for purposes of identifying the effectiveness and
results of the program. The evaluation shall be conducted by staff or an independent
body that has experience in evaluating programs operated by community-based
organizations or nonprofit agencies. (f) After two years of program operation, and each year thereafter, the department
shall prepare and submit an annual report to the Legislature describing in detail
the operation of the program and the results obtained from the California Gang,
Crime, and Violence Prevention Partnership Program receiving funds under this
chapter. The report shall also list the full costs applicable to the department
for processing and reviewing applications, and for administering the California
Gang, Crime, and Violence Prevention Partnership Program. 13825.4. Community-based organizations and nonprofit agencies
that receive funds under this chapter shall utilize the funds to provide services
and activities designed to prevent or deter at-risk youth from participating
in gangs, criminal activity, or violent behavior. (b) Funds allocated under this chapter may not be used for services or activities
related to suppression, law enforcement, incarceration, or other purposes not
related to the prevention and deterrence of gangs, crime, and violence. Nothing in this paragraph shall prevent funds allocated under this chapter
from being used for violence prevention and gang crime deterrence services provided
by community-based organizations and nonprofit agencies to youths incarcerated
in juvenile detention facilities. (c) Services and activities provided with funds under this chapter shall be
used for at-risk youth who are defined as persons from age 5 to 20 years of
age and who fall into one or more of the following categories: (8) Are current or former gang members. (9) Have one or more family members living at home who are current or former
members of a gang. 13825.6. Funding for the California Gang, Crime, and Violence
Prevention Partnership Program shall be subject to the following: (a) 2 percent of the amounts appropriated in the Budget Act shall be transferred
each year upon the approval of the Director of Finance, for expenditure as necessary
for the Department of Justice to administer this program. (b) 3 percent of the amounts appropriated in the Budget Act shall be transferred
each year upon the approval of the Director of Finance, for expenditure as necessary
for the department to provide technical assistance to community-based organizations
and nonprofit agencies providing services under this chapter. Nothing in this
chapter precludes the department from providing technical assistance services
through an independent agency or organization. 14000. (a) The City and County of Los Angeles may establish
a Community Law Enforcement and Recovery (CLEAR) Demonstration Project, a multiagency
gang intervention program, which shall be administered by the City of Los Angeles
under a joint powers agreement with the Los Angeles County Sheriff's Department,
the Los Angeles County District Attorney's office, the Los Angeles County Probation
Department, the Los Angeles Police Department, and the Los Angeles City Attorney's
office. (b) The parties to the agreement shall work together to provide a flexible
and coordinated response to crime perpetrated by criminal street gangs, in particular
the "18th Street Gang," by addressing each community's gang problems
and identifying the gangs associated with each community. 14001. The role of each party to the agreement is as follows:
(a) The district attorney shall do all of the following: (1) Appoint a Gang Intervention Coordinator and provide staff to the coordinator
for the purposes of coordinating the project among the parties and between the
parties and community groups. (2) Conduct training for team members and outside agencies and prepare written
materials regarding successful coordinated antigang strategies. (3) Track all arrests made by the CLEAR team and prepare reports on the progress
of the prosecution effort from the point of arrest through the final court disposition
of each case, including the length of imprisonment or the terms of probation
ordered. (4) Vertically prosecute the most difficult cases generated by CLEAR team arrests
using novel and innovative prosecution strategies that include granting cross-designation
status to city prosecutors so that these cases may be effectively pursued in
superior court. (5) Prepare and prosecute civil injunctions against gang activities occurring
within the target area. (6) Coordinate prevention and intervention strategies with community-based
organizations, schools, and participating agencies and assist in the design
and implementation of these programs. (b) The sheriff's department shall do both of the following: (1) Use jail and prison information to assist in the resolution of unsolved
homicides. (2) Coordinate crime information between law enforcement agencies. (c) The probation department shall do all of the following: (1) Coordinate all target gang members on probation into one case load for
intensive supervision. (2) Meet with community organizations and schools to assess their needs with
respect to gang intervention. (3) Enforce probation terms and perform probation searches. (4) Provide information on probationary status of gang members to local law
enforcement agencies. (d) The police department shall do both of the following: (1) Provide intensive law enforcement in areas most impacted by criminal street
gangs. (2) Coordinate gang information with the sheriff's department and probation
department to identify gang members for targeted law enforcement activities.
(e) The city attorney shall do all of the following: (1) Prosecute misdemeanor criminal offenses. (2) Coordinate civil building abatement and nuisance abatement activities.
(3) Conduct vertical prosecutions of gang members. 14002. The parties shall be consolidated as a mobile response
unit that travels to each community that is targeted for gang intervention strategies
and operates from one central location in that community. 14005. An independent evaluation of the effectiveness of the
CLEAR project, including a detailed cost-benefit analysis, shall be prepared
and submitted to the Legislature two years from the date that funds are initially
appropriated for the project, or six months after the end of the project, whichever
is earlier. The evaluation shall be submitted to the chairpersons of the Assembly
and Senate public safety committees, the chairpersons of the Assembly and Senate
fiscal committees, and the Chairperson of the Joint Legislative Audit Committee.
The Board of Corrections shall choose the entity that will conduct the evaluation
through a competitive bidding process after sending out requests for proposals.
The evaluation shall include, but shall not be limited to, a description of
the extent to which the project has accomplished the following: (a) A 5 percent increase in the resolution rate of gang homicides in the target
areas. (b) A 5 percent decrease in violent felonies within the target area. (c) A 5 percent decrease in nuisance activities by gangs in the target area.
(a) Except as provided in subdivision (c), any person who does any of the following
is guilty of a public offense and shall be punished by imprisonment in a county
jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades any witness or victim from
attending or giving testimony at any trial, proceeding, or inquiry authorized
by law. (2) Knowingly and maliciously attempts to prevent or dissuade any witness or
victim from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law. (3) For purposes of this section, evidence that the defendant was a family
member who interceded in an effort to protect the witness or victim shall create
a presumption that the act was without malice. (b) Except as provided in subdivision (c), every person who attempts to prevent or dissuade another person who has
been the victim of a crime or who is witness to a crime from doing any of the
following is guilty of a public offense and shall be punished by imprisonment
in a county jail for not more than one year or in the state prison: (1) Making any report of that victimization to any peace officer or state or
local law enforcement officer or probation or parole or correctional officer
or prosecuting agency or to any judge. (2) Causing a complaint, indictment, information, probation or parole violation
to be sought and prosecuted, and assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of any person in connection
with that victimization. (c) Every person doing any of the acts described in subdivision (a) or (b)
knowingly and maliciously under any one or more of the following circumstances,
is guilty of a felony punishable by imprisonment in the state prison for two,
three, or four years under any of the following circumstances: (1) Where the act is accompanied by force or by an express or implied threat
of force or violence, upon a witness or victim or any third person or the property
of any victim, witness, or any third person. (2) Where the act is in furtherance of a conspiracy. (3) Where the act is committed by any person who has been convicted of any
violation of this section, any predecessor law hereto or any federal statute
or statute of any other state which, if the act prosecuted was committed in
this state, would be a violation of this section. (4) Where the act is committed by any person for pecuniary gain or for any
other consideration acting upon the request of any other person. All parties
to such a transaction are guilty of a felony. (d) Every person attempting the commission of any act described in subdivisions
(a), (b), and (c) is guilty of the offense attempted without regard to success
or failure of the attempt. The fact that no person was injured physically, or
in fact intimidated, shall be no defense against any prosecution under this
section. (e) Nothing in this section precludes the imposition of an enhancement for
great bodily injury where the injury inflicted is significant or substantial.
(f) The use of force during the commission of any offense described in subdivision
(c) shall be considered a circumstance in aggravation of the crime in imposing
a term of imprisonment under subdivision (b) of Section 1170.
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Original Homies
Download Gang Articles
California 186.20, California Street Terrorism Enforcement and Prevention Act, STEP Act
California 186.20
California 186.21. Legislative findings and declaration
California 186.30 to 186.33.
California 136.1.
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