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AB-2717 Criminal street gangs.(1991-1992)

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Assembly Bill No. 2717
CHAPTER 920

An act to add Section 186.26 to the Penal Code, relating to criminal street gangs.

[ Filed with Secretary of State  September 28, 1992. Approved by Governor  September 26, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2717, Connelly. Criminal street gangs.
Under existing law, the California Street Terrorism Enforcement and Prevention Act, any person who is convicted of a public offense punishable as a felony or a misdemeanor, which 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 imprisonment in the county jail not to exceed one year or by imprisonment in the state prison for 1, 2, or 3 years with a minimum sentence of 180 days in the county jail. The California Street Terrorism Enforcement and Prevention Act is repealed as of January 1, 1997.
This bill, in addition, would provide, until January 1, 1997, that (1) any adult who utilizes physical violence to coerce, induce, or solicit another person who is under 18 years of age to actively participate in any criminal street gang, as defined, the members of which engage in a pattern of criminal gang activity, as defined, shall be punished by imprisonment in the state prison for 1, 2, or 3 years, (2) any adult who threatens a minor with physical violence on 2 or more separate occasions within any 30-day period with the intent to coerce, induce, or solicit the minor to actively participate in a criminal street gang, as defined, the members of which engage in a pattern of criminal gang activity, as defined, shall be punished by imprisonment in the state prison for 1, 2, or 3 years or in a county jail for up to one year, and (3) a minor who is 16 years of age or older who commits either of the above offenses is guilty of a misdemeanor. This bill would impose a state-mandated local program because it would create a new crime.
This bill also would provide that it shall become operative only if SB 25 of the 1991–92 Regular Session is enacted and becomes effective on or before January 1, 1993. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 186.26 is added to the Penal Code, to read:

186.26.
 (a)  Any adult who utilizes physical violence to coerce, induce, or solicit another person who is under 18 years of age to actively participate in any criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal gang activity, as defined in subdivision (e) of Section 186.22, shall be punished by imprisonment in the state prison for one, two, or three years.
(b)  Any adult who threatens a minor with physical violence on two or more separate occasions within any 30-day period with the intent to coerce, induce, or solicit the minor to actively participate in a criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal gang activity, as defined in subdivision (e) of Section 186.22, shall be punished by imprisonment in state prison for one, two, or three years or in a county jail for up to one year.
(c)  A minor who is 16 years of age or older who commits an offense described in subdivision (a) or (b) is guilty of a misdemeanor.
(d)  Nothing in this section shall be construed to limit prosecution under any other provision of the law.
(e)  No person shall be convicted of violating this section based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person, that the defendant had the apparent ability to carry out the threat, and that physical harm was imminently likely to occur.

SEC. 2.

 This bill shall become operative only if Senate Bill 25 of the 1991–92 Regular Session is enacted and becomes effective on or before January 1, 1993.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.