[30-18] The CRASH Act of 2018

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[30-18] The CRASH Act of 2018

Post by Flemwad » Wed Nov 21, 2018 3:17 am

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SUBMITTED BY: Senator Daniels, Silva, Calhoun
SPONSORED BY: N/A
SENATE BILL N° 30-18



An act to provide law enforcement and correctional agencies with additional measures to combat gang crime


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:


Section 1. SHORT TITLE
    1. This Act may be cited as the "Crime Reduction, Abatement, Suppression and Hampering Act of 2018" or the "CRASH Act of 2018".
    Section 2. DEFINITIONS
      1. For the purposes of this Act, the following definitions apply:
          1. "Commanding Officer" means a law enforcement or correctional officer in charge of a law enforcement agency's bureau, group, division, unit, detail, section or other element.
          2. "Correctional agency" means a governmental agency whose primary duties include detention and correctional supervision.
          3. “Criminal gang” means an ongoing organization, association, or group, whether formal or informal, having as one of its primary activities the commission of crimes 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.
          4. “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.
          5. "Gang member" means a person who actively participates in any criminal gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, or who willfully promotes, furthers, or assists in any criminal conduct by members of that gang.
          6. "Investigative element" means a law enforcement agency's bureau, group, division, unit, detail, section or other element whose primary duties include conduction of investigations.
          7. "Investigator" means a law enforcement officer who has received training in the conduction of investigations, regardless of rank or assignment.
          8. “Law enforcement agency” means a governmental agency whose primary function is detection, investigation, or apprehension of criminal offenders, or whose primary duties include detention and correctional supervision.
          9. "Law enforcement officer" means any sworn employee of a law enforcement agency.
          10. "Serious felony" means any of the following:
            • P.C. 2-01. Arson;
            • P.C. 2-06. Robbery;
            • P.C. 2-12. Grand Theft Of A Firearm;
            • P.C. 2-14. Extortion;
            • P.C. 3-10. Stalking;
            • P.C. 4-05. Dissuading A Witness Or Victim;
            • P.C. 4-18. Tampering With Evidence;
            • P.C. 5-03. Incitement To Riot;
            • P.C. 6-02. Possession Of A Controlled Substance With Intent To Sell;
            • P.C. 6-04. Maintaining A Place For The Purpose Of Distribution;
            • P.C. 6-05. Manufacture Of A Controlled Substance;
            • P.C. 6-06. Sale Of A Controlled Substance;
            • P.C. 9-03. Possession Of An Illegal Firearm;
            • P.C. 9-04. Possession Of An Assault Weapon;
            • P.C. 9-05. Unlicensed Distribution Of A Weapon;
            • P.C. 9-06. Possession Of An Explosive Device;
            • P.C. 9-07. Manufacture or Possession of an Improvised Device;
            • P.C. 9-08. Possession of Weaponry With Intent To Sell;
            • P.C. 9-09. Possession Of Explosive Devices With Intent To Sell.
          11. "Violent felony" means any of the following:
            • P.C. 1-03 Assault with a Deadly Weapon;
            • P.C. 1-07. Attempted Murder;
            • P.C. 1-08. Manslaughter;
            • P.C. 1-09. Murder;
            • P.C. 1-11. Kidnapping;
            • P.C. 1-12. Mayhem;
            • P.C. 1-13. Vehicular Murder;
            • P.C. 2-07. Armed Robbery;
            • P.C. 3-08. Rape;
            • P.C. 3-09. Statutory Rape;
            • P.C 4-16. Human Trafficking;
            • P.C. 5-05. Terrorism;
            • P.C. 8-08. Hit And Run;
            • P.C. 9-12. Drive-By Shooting.
        Section 3. SAN ANDREAS STATE GANG DATABASE (GANGNET) — ESTABLISHMENT
          1. The San Andreas State Gang Database (GangNET) shall be a shared gang database using the GangNET software package, maintained by the Los Santos Police Department, managed by a panel composed of the Commanding Officer(s) of the participating law enforcement agencies investigative elements and operated by sworn law enforcement personnel of the participating law enforcement agencies investigative elements.
          2. Law enforcement agencies utilizing the San Andreas State Gang Database (GangNET) shall take measures to prevent unauthorized access to the San Andreas State Gang Database (GangNET) from persons other that sworn law enforcement personnel.
          3. Law enforcement agencies may set additional or higher requirements to provide access to the San Andreas State Gang Database (GangNET) to their sworn law enforcement personnel at their discretion.
          4. Law enforcement agencies may establish and maintain internal gang databases separated from the San Andreas State Gang Database (GangNET); such databases shall follow the criteria set forth in sections (6) and (7) of this Act.
          Section 4. SAN ANDREAS STATE GANG DATABASE (GANGNET) — MAINTENANCE
          1. The San Andreas State Gang Database (GangNET) shall be maintained by the Los Santos Police Department; maintenance includes, but is not limited to, providing resources for database hosting, technical maintenance and training of law enforcement officers authorized to access and operate the database.
          2. The law enforcement agency responsible for maintenance of the database may not prevent other participating law enforcement agencies from accessing the database.
          3. The law enforcement agency responsible for maintenance of the database shall be subjected to sanctions as determined by the State Senate Standing Committee on Public Safety and State Security should it fail to abide by the regulations set forth in subdivision (B).
          Section 5. SAN ANDREAS STATE GANG DATABASE (GANGNET) — MANAGEMENT
          1. The San Andreas State Gang Database (GangNET) shall be managed by a panel composed of the Commanding Officer(s) of the participating law enforcement agencies investigative elements
          2. Decisions affecting the San Andreas State Gang Database (GangNET) shall be mutually agreed upon unanimously by members of the management panel.
          3. Disputes between law enforcement agencies concerning the San Andreas State Gang Database (GangNET) shall be resolved by and through the State Senate Standing Committee on Public Safety and State Security.
          Section 6. SAN ANDREAS STATE GANG DATABASE (GANGNET) — INDIVIDUAL INFORMATION
          1. Law enforcement agencies personnel shall include the following information on persons added to the the San Andreas State Gang Database (GangNET):
            1. Personal identifying information;
            2. Name of criminal gang the person has been designated member of;
            3. Criteria the person has met in order to be added, pursuant to section 7 of this Act;
              1. Evidence and justification pertaining to the criteria shall be included.
            4. Physical description, including, but not limited to:
              1. Tattoos or other markings;
              2. Unique identifying features;
            5. Level of threat to law enforcement. For the purposes of this section, level of threat to law enforcement shall be defined as follows;
              1. Persons who have a documented repeated history of violent crimes, especially if against law enforcement shall be classified as high risk designated gang members;
              2. Persons who have a documented history of violent crimes, not necessarily repeated or against law enforcement personnel, shall be classified as medium risk designated gang members;
              3. Persons who have no criminal history or a documented history of mostly non-violent crimes, without a history of violence against law enforcement personnel, shall be classified as low risk designated gang members;
          2. Law enforcement agencies participating to the the San Andreas State Gang Database (GangNET) may add supplemental information at their discretion.
          Section 7. SAN ANDREAS STATE GANG DATABASE (GANGNET) — CRITERIA FOR ADDITION OF PERSONS
            1. A person may be added to the San Andreas State Gang Database (GangNET) and designated as gang member by law enforcement agencies personnel if at least two of the following criteria apply:
              1. Person has admitted to being a gang member (self-admission);
              2. Person has been arrested with known gang members for a serious felony or violent felony;
              3. Person has been identified as a gang member by a reliable confidential informant registered by the law enforcement agency;
              4. Person has been documented displaying gang symbols and/or hand signs;
              5. Person has been documented affiliating with recorded gang members;
              6. Person has been documented having gang tattoos.
            2. A person may be added to the San Andreas State Gang Database (GangNET) and designated as gang member by law enforcement agencies personnel if at least one of the following criteria apply:
              1. Person has been validated as Security Threat Group member by a correctional agency;
              2. Person has been ruled to be a gang member by a court.
            3. Law enforcement agencies shall inform persons of their addition from the San Andreas State Gang Database (GangNET).
            4. Law enforcement agencies may establish stricter requirements for addition of persons to the San Andreas State Gang Database (GangNET) at their discretion.
            Section 8. SAN ANDREAS STATE GANG DATABASE (GANGNET) — CRITERIA FOR REMOVAL OF PERSONS
              1. A person shall be removed from the San Andreas State Gang Database (GangNET) and have their designation as gang member removed by law enforcement agencies personnel if at least one of the following criteria apply:
                1. Person has been validated as Security Threat Group inactive member by a correctional agency, in cases where the person has been sentenced to life imprisonment and is in custody of said correctional agency;
                2. Person has been ruled not to be a gang member by a court.
              2. Law enforcement agencies shall inform persons of their removal from the San Andreas State Gang Database (GangNET).
              Section 9. SAN ANDREAS STATE GANG DATABASE (GANGNET) — PERSON'S RIGHT TO APPEAL ADDITION
                1. A person who has been added to the San Andreas State Gang Database (GangNET) and designated as gang member by law enforcement agencies personnel may appeal their addition through the following methods:
                  1. by appealing to the law enforcement agency responsible for addition and designation as gang member of said person; such appeals shall be made to the law enforcement agency internal affairs or human resources division responsible for handling complaints and reports about personnel activities as applicable;
                  2. by petitioning the court to review the law enforcement agency's actions and reasoning for addition and designation as gang member of said person, shall the previous method have been tried; the court shall have the power to order the law enforcement agency to remove the person from the San Andreas State Gang Database (GangNET) and remove their designation as gang member.
                Section 10. SAN ANDREAS STATE GANG DATABASE (GANGNET) — PENALTIES FOR MISUSE
                  1. Any release of information from the San Andreas State Gang Database (GangNET) without prior authorization from the Commanding Officer of an investigative element or a member of the San Andreas State Gang Database management panel shall be strictly prohibited and carries the full weight of criminal charges against the offender.
                  2. Any person who is found in violation of the regulations set forth in subdivision (A) may be charged with P.C. (4)22. Corruption Of Public Duty.
                  Section 11. SENTENCE ENHANCEMENT — GANG CRIMES CLAUSE
                    1. Section 10(09) is added to the Penal Code to read:
                      1. Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal gang, or with the specific intent to promote, further, or assist in any criminal conduct by gang members, may be punished as follows:
                        1. if the felony is a serious felony, the person may be punished by an additional term of three (3) to five (5) years depending on the circumstances of the offense (( 30 - 60 minutes at officer's discretion ));
                        2. if the felony is a violent felony, the person may be punished by an additional term of eight (8) to ten (10) years depending on the circumstances of the offense (( 60 - 90 minutes at officer's discretion)).
                      2. (( Usage of Section 10(09) of the Penal Code is restricted to the courts and to detectives and uniformed officers belonging to an investigative unit. This charge can only be applied once per arrest and is non-stackable. )).
                    Section 12. GANG INJUNCTIONS — ISSUANCE PROCESS
                      1. Every place used by members of a criminal gang for the purpose of the commission of the offenses listed in subdivision (10) and (11) of Section 2.A and every place wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated, and prevented.
                      2. The Attorney General of the State of San Andreas, the Deputy Attorney General of the State of San Andreas or the district attorney of a county may, in the name of the people of the State of San Andreas, request a temporary injunction order to abate and prevent the nuisance and to perpetually enjoin the persons conducting it.
                      3. Requests of injunction orders filed by the Attorney General of the State of San Andreas, the Deputy Attorney General of the State of San Andreas or by the district attorney of a county shall be reviewed and approved by a panel composed of three Associate Justices or Presiding Justices of the Judiciary of San Andreas appointed by the Chief Justice or, in the absence of the Chief Justice, by the Governor or their designee. If enough evidence is provided to justify the issuing of the temporary injunction order, the panel shall allow said temporary injunction order to abate and prevent the continuance or recurrence of the nuisance.
                      4. Temporary injunction orders filed by the Attorney General of the State of San Andreas, the Deputy Attorney General of the State of San Andreas or the district attorney of a county for the purpose of enjoining, abating and preventing nuisances resulting from criminal conduct by gang members shall be known as "Gang Injunctions".
                      Section 13. GANG INJUNCTIONS — CRITERIA FOR ISSUANCE
                        1. Gang Injunctions shall meet the following minimum content requirements:
                          1. Building, place or area to be enjoined;
                          2. Duration of the injunction order;
                          3. Name of persons enjoined;
                          4. Activities prohibited or restricted for the duration of the injunction order.
                        2. Gang Injunctions may be requested against persons who have been added to the San Andreas State Gang Database (GangNET) and designated as gang member by law enforcement agencies personnel only.
                        3. Gang Injunctions may not be requested against any ongoing organization, association, or group, whether formal or informal.
                        Section 14. GANG INJUNCTIONS — PENALTY FOR VIOLATION
                          1. Any person who is found to be violating an injunction order as described in Section 8 of this Act shall be charged with P.C. 4-03. Contempt of Court.
                          Section 15. LAW ENFORCEMENT OFFICERS — EXPERT TESTIMONY
                            1. Investigators assigned to a law enforcement agency investigative element who have served more than five (5) years in a specific assignment may be considered as expert witnesses per Court Regulations.
                            Section 16. SAN ANDREAS STATE GANG DATABASE (GANGNET) — FUNDING
                              1. Funding for the San Andreas State Gang Database (GangNET) shall be deducted equally from each participating law enforcement agency annual budget.






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                              Carl Duncan
                              Lieutenant Governor of San Andreas









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