Section 771.6 - Minimum Age of Entry and Requirements to Enter a Person into a Shared Gang Database(a) No persons under the age of 13 shall be entered into a shared gang database.(b) A person shall not be designated as a Gang Member or Associate without the law enforcement agency having reasonable suspicion that the person actively participates in a criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, or the person willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang. The law enforcement officer shall document the specific information that serves as the basis for the reasonable suspicion based on the criteria in section 771.8. Satisfaction of criteria required by section 771.8 shall not, in and of itself, satisfy the reasonable suspicion requirement. Reasonable suspicion shall be based on the totality of circumstances, but considering only the information documented by the law enforcement officer(s) to demonstrate the satisfaction of each criterion and any other legally obtained information that supports or undermines the existence of each criterion.(c) Subject to subdivisions (a), (b), and (d), a person may be entered into a shared gang database and designated as a Gang Member or Associate when at least two unique criteria listed in subdivision (a) of section 771.8 are found to exist through investigation by a trained law enforcement officer, provided that the criminal street gang's existence has been, or is concurrently, documented in the database. (1) When subdivisions (a)(6) and (a)(7) of section 771.8 are used together, then at least one additional unique criterion from section 771.8 shall be satisfied for the person to be entered into a shared gang database and designated as a Gang Member or Associate.(2) For purposes of subdivision (c), the satisfaction of the required number of criteria shall occur within a one-year period.(3) A User may utilize an optional feature in a shared gang database to indicate whether the law enforcement officer suspects that the designated person is a non-member gang associate. Nothing in this clause modifies the conditions of designation in Article 5, the required contents of any notice under Article 7, or the required contents of any Agency response under Article 8.(d) A person may only be entered into a shared gang database after the supervisory review process set forth in section 772.2 is conducted.Cal. Code Regs. Tit. 11, § 771.6
1. New article 5 (sections 771.6-772.2) and section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20. Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
1. New article 5 (sections 771.6-772.2) and section filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.