California Street Terrorism Enforcement and Protection Act
Legislative Findings - California Penal Code Section 186.22 (e)(f)
What is California Penal Code Section 186.22(e)(f)?
18622.(e)
(e) (1) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter, and the last of those offenses occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed, the offenses were committed on separate occasions or by two or more members, the offenses commonly benefited a criminal street gang, and the common benefit from the offenses is more than reputational:
(A) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245.
(B) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8.
(C) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8.
(D) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance as defined in Section 11007 of the Health and Safety Code.
(E) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246.
(F) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034 until January 1, 2012, and, on or after that date, subdivisions (a) and (b) of Section 26100.
(G) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13.
(H) The intimidation of witnesses and victims, as defined in Section 136.1.
(I) Grand theft, as defined in subdivision (a) or (c) of Section 487.
(J) Grand theft of any firearm, vehicle, trailer, or vessel.
(K) Burglary, as defined in Section 459.
(L) Rape, as defined in Section 261.
(M) Money laundering, as defined in Section 186.10.
(N) Kidnapping, as defined in Section 207.
(O) Mayhem, as defined in Section 203.
(P) Aggravated mayhem, as defined in Section 205.
(Q) Torture, as defined in Section 206.
(R) Felony extortion, as defined in Sections 518 and 520.
(S) Carjacking, as defined in Section 215.
(T) The sale, delivery, or transfer of a firearm, as defined in Section 12072 until January 1, 2012, and, on or after that date, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(U) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101 until January 1, 2012, and, on or after that date, Section 29610.
(V) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422.
(W) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.
(X) Prohibited possession of a firearm in violation of Section 12021 until January 1, 2012, and, on or after that date, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(Y) Carrying a concealed firearm in violation of Section 12025 until January 1, 2012, and, on or after that date, Section 25400.
(Z) Carrying a loaded firearm in violation of Section 12031 until January 1, 2012, and, on or after that date, Section 25850.
(2) The currently charged offense shall not be used to establish the pattern of criminal gang activity.
(f) As used in this chapter, “criminal street gang” means an ongoing, organized association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (e), having a common name or common identifying sign or symbol, and whose members collectively engage in, or have engaged in, a pattern of criminal gang activity.
18622.(f)
(g) As used in this chapter, to benefit, promote, further, or assist means to provide a common benefit to members of a gang where the common benefit is more than reputational. Examples of a common benefit that are more than reputational may include, but are not limited to, financial gain or motivation, retaliation, targeting a perceived or actual gang rival, or intimidation or silencing of a potential current or previous witness or informant.
(h) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(i) Notwithstanding any other law, for each person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a conviction pursuant to subdivision (a) or (b) of this section, the offense shall be deemed one for which the state shall pay the rate of 100 percent of the per capita institutional cost of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, pursuant to former Section 912.5 of the Welfare and Institutions Code.
(j) In order to secure a conviction or sustain a juvenile petition, pursuant to subdivision (a) it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of their time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required.
(k) This section shall become operative on January 1, 2023.
(Amended (as amended by Stats. 2017, Ch. 561, Sec. 179) by Stats. 2021, Ch. 699, Sec. 4. (AB 333) Effective January 1, 2022. Section operative January 1, 2023, by its own provisions.)
Resource: https://leginfo.legislature.ca.gov