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Criminal records; city attorneys

AB 104, c. 104

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AB 104, c. 104:  Criminal records; city attorneys. Specifically directs the Attorney General to provide criminal history information to city attorneys who are pursuing gang injunctions or drug abatement injunctions.

The source of this legislationwas the San Francisco City Attorney.  Supporters included, but not limited to, the League of California Cities, the Los Angeels City Attorney, the City Attorney of Sacramento, and the Peace Officers Research Association of California.

In enacting the Street Terrorism Enforcement and Prevention (STEP) Act, the California Legislature recognized that California is experiencing a crisis caused by violent street gangs whose members intimidate, threaten, harass, terrorize and commit numerous crimes against the peaceful citizens of their neighborhoods. An effective means of deterring and abating the violence and public nuisance activity caused by criminal street gangs through the use of civil gang injunctions.

This bill allows city attorneys pursuing civil gang injunctions and drug abatement orders to receive state and local criminal history information. Penal Code Sections 11105 and 13300 provide detailed procedures for the lawful dissemination of state and local criminal history information. Listed among the persons entitled to receive such criminal history information are "prosecuting city attorneys", yet the term is not defined. This bill clearly defines the term "prosecuting city attorneys" to include city attorneys pursuing civil gang injunctions and drug abatement actions. This bill will provide clarity in the law and give California city attorneys the tools they need to combat the epidemic of gang violence and narcotics-related activity plaguing our communities.

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