Today's Law As Amended


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AB-829 Gangs: shared gang databases.(2015-2016)



As Amends the Law Today


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 may be denied, in whole or in part, if the board finds that 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 of the person whose injury or death gives rise to the application.
(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:
(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.
(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.
(C) (a)  The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her being victimized. However, committing a crime shall not be considered involvement if the victim’s  An application shall be denied if the board finds that the victim or, if compensation is sought by or on behalf of a derivative victim, either the victim or derivative victim, knowingly and willingly participated in the commission of the 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 for  a crime of unlawful sexual intercourse with a minor committed  in violation of subdivision (d) of Section 261.5 of, the Penal Code.
(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:
(A) The victim’s injuries were significantly more serious than reasonably could have been expected based on the victim’s level of involvement.
(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.
(C) The board shall consider the victim’s age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victim’s application under this subdivision.
(b) (1) An application shall be denied if the board finds that 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. In  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 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. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime. 
(2) An application for a claim based on domestic violence shall not be denied solely because a no  police report was not  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. order, or all of these. 
(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.
(4) (3)  An application for a claim based on human trafficking as defined in 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 trafficking crime as defined in 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.
(B) A human trafficking caseworker, caseworker  as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.
(5) (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 qualifies for 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.
(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 of sexual 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 off base. 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 of a 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, 287, formerly  288a, or Section  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 finds that 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 of the persons whose injury or death gives rise to the application. In the case of a 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 derivative victim of trafficking under 18 years of age may not be denied on the basis of the denial of the victim’s application under this subdivision.
(c) (d)  (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code  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, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime.  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, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code. institution. 
(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code  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 (1).
(3) Applications of victims who are not felons shall receive priority in the award of compensation over an application submitted by a felon who has met the requirements for compensation set forth in paragraph (1).
(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 affiliate in a shared gang database as defined in Section 186.34 of the Penal Code.

SEC. 2.

 The heading of Article 1 (commencing with Section 186.20) is added to Chapter 11 of Title 7 of Part 1 of the Penal Code, to read:

Article  1. Title And Intent

SEC. 3.

 The heading of Article 2 (commencing with Section 186.22) is added to Chapter 11 of Title 7 of Part 1 of the Penal Code, to read:

Article  2. Violations Of The Act

SEC. 4.

 The heading of Article 3 (commencing with Section 186.30) is added to Chapter 11 of Title 7 of Part 1 of the Penal Code, to read:

Article  3. Registration With Local Law Enforcement Agency

SEC. 5.

 The heading of Article 4 (commencing with Section 186.34) is added to Chapter 11 of Title 7 of the Penal Code, to read:

Article  4. Shared Gang Databases

SEC. 6.

 Section 186.34 of the Penal Code is repealed.

186.34.
 (a) For purposes of this section and Sections 186.35 and 186.36, the following definitions apply:
(1) “Criminal street gang” means an ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of crimes enumerated in paragraphs (1) to (25), inclusive, and paragraphs (31) to (33), inclusive, of subdivision (e) of Section 186.22 who have a common identifying sign, symbol, or name, and whose members individually or collectively engage in or have engaged in a pattern of definable criminal activity.
(2) “Gang database” means any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate.
(3) “Law enforcement agency” means a governmental agency or a subunit of a governmental agency, and its authorized support staff and contractors, whose primary function is detection, investigation, or apprehension of criminal offenders, or whose primary duties include detention, pretrial release, posttrial release, correctional supervision, or the collection, storage, or dissemination of criminal history record information.
(4) “Shared gang database” means a gang database that is accessed by an agency or person outside of the agency that created the records that populate the database.
(b) Notwithstanding subdivision (a), the following are not subject to this section, or Sections 186.35 and 186.36:
(1) Databases that designate persons as gang members or associates using only criminal offender record information, as defined in Section 13102, or information collected pursuant to Section 186.30.
(2) Databases accessed solely by jail or custodial facility staff for classification or operational decisions in the administration of the facility.
(c) (1) To the extent a local law enforcement agency elects to utilize a shared gang database prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person 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 shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor.
(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database.
(d) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person, may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and the name of the law enforcement agency that made the designation. A request pursuant to this paragraph shall be in writing.
(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (e).
(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request.
(e) Subsequent to the notice described in subdivision (c) or the law enforcement agency’s response to an information request described in subdivision (d), the person designated or to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian if the person is under 18 years of age, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and, if the person is under 18 years of age, his or her parent or guardian, with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. If the law enforcement agency does not provide a verification of the agency’s decision within the required 30-day period, the request to remove the person from the gang database shall be deemed denied. The person or, if the person is under 18 years of age, his or her parent or guardian may petition the court to review the law enforcement agency’s denial of the request for removal and order the law enforcement agency to remove the person from the shared gang database pursuant to Section 186.35.
(f) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.

SEC. 7.

 Section 186.34 is added to the Penal Code, to read:

186.34.
 (a) (1) For purposes of this section, “shared gang database” shall mean a database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) 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.
(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal 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 definition of a “shared gang database.”
(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30.
(3) A “shared gang database” includes the CalGang system, operated pursuant to Section 23 of Title 28 of the Code of Federal Regulations.
(b) A shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations.

SEC. 8.

 Section 186.36 is added to the Penal Code, to read:

186.36.
 (a) Beginning on December 1, 2016, and annually on December 1 thereafter, the Department of Justice shall submit a report to the CalGang Executive Board and to the Legislature that contains, by ZIP Code, referring agency, race, gender, and age, the following information:
(1) The number of persons added to the CalGang system during the immediately preceding 12 months.
(2) The number of requests for removal of a person from the CalGang system received during the immediately preceding 12 months.
(3) The number of requests for removal of a person from 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.
(b) A report submitted to the Legislature pursuant to subdivision (a) shall comply with Section 9795 of the Government Code.

SEC. 9.

 Section 186.38 is added to the Penal Code, to read:

186.38.
 (a) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in Section 186.34, prior to the local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person 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, if the person is under 18 years of age, his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(b) The notice described in subdivision (a) shall describe the process for the person, or, if the person is under 18 years of age, his or her parent or guardian, to contest the designation or identification of the person in the database, as applicable. The notice shall also inform the person of the reason for his or her designation in the database.
(c) (1) A person to be designated as a suspected gang member, associate, or affiliate, or, if the person is under 18 years of age, 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 affiliate in a shared gang database, and the local law enforcement agency shall provide that information, unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age.
(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 30 calendar days of receipt of the request.
(4) If the person about whom information is requested is under 18 years of age, the local law enforcement agency may not disclose the location of the person to his or her parent or guardian if the agency determines disclosure of that information would endanger the health or safety of the person.
(d) Nothing in this section requires a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code.

SEC. 10.

 Section 186.40 is added to the Penal Code, to read:

186.40.
 (a) 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 suspected gang member, associate, or affiliate from a shared gang database under one or more of the following circumstances:
(1) 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.
(2) 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 of arrest.
(3) The person is designated in the database as the result of an arrest, but was not charged with or convicted of a crime in the five-year period after the date of the arrest.
(4) The person is designated in the database and is subsequently arrested and charged with a crime, but is not convicted of a crime within the five-year period after the date of the 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 suspected gang member, associate, or affiliate, and who is subsequently arrested for, charged with, and convicted of a crime, if the person successfully completes his or her probation or parole and more than five years have passed since the date of the last modification to his or her entry in the database.
(c) Subdivision (b) does not apply to a person convicted of a violent felony, as defined in subdivision (c) of Section 667.5.
(d) A law enforcement agency that removes a person from a shared gang database pursuant to this section shall give written notice of the removal to the person, and, if the person is under 18 years of age, his or her parent or guardian, within 30 calendar days after removal. The notice shall be mailed to the last known address of record for the person, and, if the person is under 18 years of age, his or her parent or guardian.

SEC. 11.

 Section 186.42 is added to the Penal Code, to read:

186.42.
 (a) A person designated as a suspected gang member, associate, or affiliate in a shared gang database or who has received a notice described in subdivision (a) of Section 186.38, or, 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, if the person is under 18 years of age, his or her parent or guardian, may contest his or her designation as a suspected gang member, associate, or affiliate in a shared gang database on the ground that the person is not, and has never been, a member, associate, or affiliate of a gang.
(c) The person contesting the designation bears the burden of proving the grounds for contesting the designation.
(d) This section does not apply to a person designated in a shared gang database who has been convicted of a violent felony, as defined in subdivision (c) of Section 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 affiliate in a shared gang database by mailing a written request for removal from the database to the law enforcement agency that created the designation. The written request shall set forth the ground for contesting the designation and may include supporting documentation.
(b) The law enforcement agency shall review the written request and supporting documentation. If the agency determines that the ground for removal is satisfied, the agency shall remove the person from the shared gang database.
(c) The law enforcement agency shall give written notice of its determination, and, if applicable, the removal of the person from the shared gang database to the person, and, if the person is under 18 years of age, the person’s parent or guardian, within 60 calendar days after receipt of the written request contesting the designation.
(d) If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial.

SEC. 13.

 Section 186.460 is added to the Penal Code, to read:

186.460.
 If a law enforcement agency that elects to utilize a shared gang database denies a written request for removal of a person from the database under Section 186.44, the person who made the initial request, may make a demand on the law enforcement agency for an administrative hearing to contest the denial, and the law enforcement agency shall grant the request for a hearing.

SEC. 14.

 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 shall fix a time and place for 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, fix a 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 to fix a place for the hearing outside of the geographic boundaries of its jurisdiction.
(c) The notice of the hearing shall be in English, or one of the non-English languages described in paragraph (3) of subdivision (a) of Section 1632 of the Civil Code, if requested.
(d) The notice of the hearing shall contain the following information:
(1) A description of the hearing process.
(2) A statement of the discovery rights of the person requesting the hearing pursuant to Section 11507.6 of the Government Code.
(e) The person who requested the hearing may request a continuance of the hearing, which shall be granted. A request for a continuance shall be in writing and may be served via first 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 requests for a continuance.

SEC. 15.

 Section 186.464 is added to the Penal Code, to read:

186.464.
 (a) Any hearing granted pursuant to Section 186.460 shall be conducted by an officer or employee of the agency selected by the head of the law enforcement agency that granted the hearing, who shall be the hearing officer for the purposes of this article.
(b) The entire proceedings at any hearing may be recorded by a phonographic recorder or any mechanical, electronic, or other means capable of reproduction or transcription.
(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:

186.466.
 (a) Before a hearing granted pursuant to Section 186.460 has commenced, the hearing officer shall issue subpoenas or subpoenas duces tecum, or both, at the request of any party, for attendance by a person at or production of documents at the hearing. After the hearing has commenced the hearing officer may issue subpoenas or subpoenas duces tecum, or both.
(b) Notwithstanding Section 11450.20 of the Government Code, subpoenas and subpoenas duces tecum issued in conjunction with the hearing may be served by first-class mail.

SEC. 17.

 Section 186.468 is added to the Penal Code, to read:

186.468.
 (a) At a hearing granted pursuant to Section 186.460, the hearing officer shall consider the official records of the law enforcement agency that granted the hearing, and shall receive sworn testimony and documentary evidence as applicable.
(b) The hearing officer shall permit the person who requested the hearing to submit evidence in support of grounds for the removal of a person from the shared gang database.
(c) Within 14 calendar days after the conclusion of the hearing, the person who requested the hearing may submit additional evidence in support of his or her grounds for 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 granted pursuant to Section 186.460, the hearing officer shall make findings and render a written decision on behalf of the law enforcement agency that granted the hearing.
(b) If the hearing officer determines that a ground for removal specified in Section 186.42 is satisfied, the law enforcement agency shall remove the person from the shared gang database.
(c) The law enforcement agency that granted the hearing shall give written notice of the decision, and if applicable, the removal of a person from a shared gang database pursuant to that decision, by first-class mail to 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:

186.472.
 (a) The person to whom a hearing was granted pursuant to Section 186.460 may request a review of the decision taken under Section 186.470 within 20 calendar days after the decision is mailed to the person. A request for 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’s findings, 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.
(c) Following the review, the law enforcement agency shall mail a written notice of its decision after review to the person who requested the review.
(d) The decision after review may be modified at any time after issuance to correct mistakes or clerical errors.

SEC. 20.

 Section 186.474 is added to the Penal Code, to read:

186.474.
 (a) All matters in a hearing granted pursuant to Section 186.460 and not covered by this chapter shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Subdivision (a) of Section 11425.30 of the Government Code does not apply to a proceeding to contest the designation of a person as a suspected gang member, associate, or affiliate pursuant 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 of a person as a suspected gang 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 of a law enforcement agency with respect to the designation of a person as a suspected gang 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 final completion 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).