SB 505

Bill Subjects

Abstract

Existing law, the California Street Terrorism Enforcement and Prevention Act, authorizes the keeping and utilization of shared gang databases, defined as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law provides that a shared gang database includes the CalGang system. This bill would establish the California Gang Intelligence Executive Steering Committee in the Department of Justice, as specified, for the purpose of overseeing and administering the CalGang system, as specified, and assisting the department in developing regulations governing the use, operation, and oversight of shared gang databases operated in the state. The bill would require the committee to meet at least quarterly and to conduct public hearings at least annually to provide opportunities for gathering information and receiving input regarding the work of the committee from concerned stakeholders and the public. The bill would require the committee to post information related to its meetings and significant documents related to its work on an Internet Web site, unless doing so would compromise criminal intelligence information or other information that must be shielded from public release. The bill would provide that the CalGang Executive Board is to cease to administer and oversee the CalGang system. The bill would require the department, in consultation with the committee, to issue regulations governing the use, operation, and oversight of any shared gang database, and would specify minimum requirements for those regulations. The bill would require the department to oversee shared gang database system discipline, as specified. The bill would require the department to instruct user agencies to review individual records entered into a shared gang database system and to purge records that do not satisfy criteria for entry into the system. The bill would, commencing January 1, 2018, impose a moratorium on the use of the CalGang database and other shared gang databases until the Attorney General certifies that the purge of records has been completed. The bill would require the department to conduct periodic audits of shared gang databases and to publish summary results of those audits to its Internet Web site, unless doing so would compromise criminal intelligence information or other information that must be shielded from public release. The bill would require the department to publish an annual report regarding key shared gang database statistics and summary results from those audits. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.