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California
Street Terrorism Enforcement and Protection Act
Legislative
Findings - California Penal Code Section 186.21
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. |