Gang-Related Legislation by State
(Laws Updated Through December 2017)

California

To access this state’s laws, visit https://leginfo.legislature.ca.gov/faces/codes.xhtml.
Subjects for this state:
Apparel
Carjacking
Correctional Facilities
Curfew
Drive-By Shooting
Findings and Declarations
Funding
Gang Databases
Gang-Related Definitions
Graffiti
Juveniles
Nuisance
Participation
Penalties
Prevention
Prosecution
Recruitment, Threats, Intimidation
Schools and Education
Weapons
Witnesses/Victims

Apparel (view all states for this subject)

California Ed Code § 32282. Comprehensive School Safety Plans; Contents; Disaster Procedures; Development

California Ed Code § 35183. Legislative declaration regarding gang regalia, gang-related apparel and gang affiliation; Adoption and enforcement of reasonable dress code policy; Schoolwide uniforms

California Ed Code § 35183.5. Sun-protective clothing and sunscreen

Carjacking (view all states for this subject)

California Pen Code § 189. Degrees of Murder

California Pen Code § 209.5. Kidnapping During Commission of Carjacking; Punishment; Exception; Probation

California Pen Code § 215. Carjacking

California Pen Code § 667.9. Conviction of Certain Crimes Against Persons 65 Years of Age or Older, Blind, Deaf, Developmentally Disabled, Paraplegic, Quadriplegic, or Under the Age of 14 years; Prior Conviction; Sentence Enhancements

Correctional Facilities (view all states for this subject)

California Pen Code § 422.91. Duties of Department of Corrections and California Youth Authority regarding hate crime prevention

California Pen Code § 6024. Establishment of Board of State and Community Corrections; Abolishment of Corrections Standards Authority

California Pen Code § 6027. Functions and Duties of Board; Report to Governor and Legislature

Curfew (view all states for this subject)

California Wel & Inst Code § 601. Persons Subject to Jurisdiction of Court as Ward for Refusal to Obey Orders of Parents, Violation of Curfew, or Truancy

California Wel & Inst Code § 602. Persons Subject to Jurisdiction of Juvenile Court and to Adjudication as Ward for Violation of Law or Ordinance Defining Crime; Persons Subject to Prosecution in Criminal Court

Drive-By Shooting (view all states for this subject)

California Pen Code § 189. Degrees of Murder

California Pen Code § 246. Shooting at Inhabited Dwelling House, Occupied Building, Vehicle, or Aircraft, or Inhabited Housecar or Camper; Punishment

California Pen Code § 246.1. Motor Vehicle Forfeiture; Firearm Used to Kill, Attack or Assault Victim From or in Motor Vehicle; Unlawful Possession of Firearm By Criminal Street Gang Member; Procedures; Disposition of Proceeds; Restrictions

California Pen Code § 246.3. Discharging Firearm or BB Device in Grossly Negligent Manner; Punishment

California Pen Code § 12022.55. Additional punishment for discharging firearm from vehicle

Findings and Declarations (view all states for this subject)

California Ed Code § 35183. Legislative declaration regarding gang regalia, gang-related apparel and gang affiliation; Adoption and enforcement of reasonable dress code policy; Schoolwide uniforms

California Pen Code § 186.21. Legislative Findings and Declaration

California Pen Code § 13826. Legislative Findings, Declarations, and Intent

California Pen Code § 13826.11. (Operation contingent) Legislative findings and declarations; "ASAP" pilot program

California Pen Code § 13826.15. (Operation contingent) Legislative findings and declarations

Funding (view all states for this subject)

California Gov. Code § 30061. Supplemental Law Enforcement Services Account established in each county; Allocation and appropriation of moneys

California Gov. Code § 30062. Purposes

California Pen Code § 13825. State Graffiti Clearinghouse

California Pen Code § 13825.3. Disbursement of Program Funds; Requests for Funding Proposals; Program Evaluation; Legislative Report

California Pen Code § 13825.4. Use of funds

California Pen Code § 13825.5. Eligibility for funding

California Pen Code § 13826.1. (Operation contingent) Gang Violence Suppression Program; Use of Funds

California Pen Code § 13826.5. (Operation Contingent) Implementation of Activities by County Probation Departments

California Pen Code § 13826.11. (Operation contingent) Legislative findings and declarations; "ASAP" pilot program

California Pen Code § 13826.15. (Operation contingent) Legislative findings and declarations

California Pen Code § 13826.65. (Operation contingent) Gang violence prevention curriculum; Prevention and intervention services

Gang Databases (view all states for this subject)

California Pen Code § 186.34. "Shared gang database"; Written notice required prior to inclusion in database

Gang-Related Definitions (view all states for this subject)

California Government Code § 61002. Definitions

California Pen Code § 186.2.

California Pen Code § 186.22. Street Gang (Operative January 1, 2017)

California Pen Code § 186.22. Street gang (Repealed January 1, 2017)

Graffiti (view all states for this subject)

California Evid Code § 1410.5. Vandalism; Evidence of graffiti

California Government Code § 38772. Defacement of property by graffiti by minor

California Government Code § 38773.2. Collection of costs incurred; Notice; Graffiti nuisance abatement lien

California Government Code § 38773.6. Defacement of property by graffiti by minor; Special assessment

California Government Code § 53069.3. Use of public funds to remove graffiti

California Government Code § 61002. Definitions

California Pen Code § 594. Vandalism; Punishment

California Pen Code § 594.1. Sale, purchase or possession of aerosol paint container; Posting of notice by retailers

California Pen Code § 594.2. Possession of specified instruments with intent to commit vandalism or graffiti

California Pen Code § 594.6. Condition of probation on subsequent conviction of vandalism

California Pen Code § 594.7. Effect of previous vandalism convictions

California Pen Code § 594.8. Possession of destructive implement with intent to commit graffiti

California Pen Code § 640.5. Affixing graffiti on or in vehicles of governmental entity or public transportation system

California Pen Code § 640.6. Penalties for affixing graffiti on real or personal property

California Pen Code § 13825. State Graffiti Clearinghouse

California Welfare & Institutions Code § 730. Order for Care, Custody, and Control of Minor Adjudged Ward of Court as Person Violating Law or Ordinance Defining Crime; Alternative Commitment; Orders When Ward Placed Under Supervision of Probation Officer

California Welfare & Institutions Code § 730.6. Imposition of Restitution Fine; Community Service; Fee

California Welfare & Institutions Code § 827. Limited Dissemination of Records; Misdemeanor Violation of Confidentiality Provisions

Juveniles (view all states for this subject)

California Wel & Inst Code § 707. Determination of minor's fitness for treatment under juvenile court law; Investigation and submission of report; Criteria

Nuisance (view all states for this subject)

California Civil Code § 3485. (Repealed January 1, 2019) Illegal Conduct Involving an Unlawful Weapons or Ammunition on Real Property; Procedures Required Prior to Filing Action to Abate; Applicability; Report

California Civil Code § 3486. (Operative date contingent) Action for Unlawful Detainer for Controlled Substance Purpose on Real Property; Procedures Required Prior to Filing Action; Costs and Attorney's Fees; Possible Orders

California Government Code § 38771. Declaration of nuisance

California Government Code § 38772. Defacement of property by graffiti by minor

California Government Code § 38773.2. Collection of costs incurred; Notice; Graffiti nuisance abatement lien

California Government Code § 38773.6. Defacement of property by graffiti by minor; Special assessment

California Pen Code § 186.22a. Building or place used by gang members as nuisance

California Pen Code § 594.2. Possession of specified instruments with intent to commit vandalism or graffiti

California Pen Code § 594.6. Condition of probation on subsequent conviction of vandalism

California Pen Code § 594.7. Effect of previous vandalism convictions

California Pen Code § 594.8. Possession of destructive implement with intent to commit graffiti

California Pen Code § 640.5. Affixing graffiti on or in vehicles of governmental entity or public transportation system

California Pen Code § 640.6. Penalties for affixing graffiti on real or personal property

Participation (view all states for this subject)

California Pen Code § 182.5. Punishment for active participation in criminal street gang

Penalties (view all states for this subject)

California Pen Code § 186.22. Street Gang (Operative January 1, 2017)

California Pen Code § 186.22. Street gang (Repealed January 1, 2017)

California Pen Code § 190.2. Penalty on finding special circumstances

California Pen Code § 653f. Soliciting Commission of Certain Offenses; Punishment; Degree of Proof

California Pen Code § 667.9. Conviction of Certain Crimes Against Persons 65 Years of Age or Older, Blind, Deaf, Developmentally Disabled, Paraplegic, Quadriplegic, or Under the Age of 14 years; Prior Conviction; Sentence Enhancements

California Pen Code § 12021.5. Commission or attempted commission of street gang crime while carrying firearm (Operative January 1, 2017)

California Pen Code § 12022.53. Use of firearm in commission of felony; Discharge; Injury

California Pen Code § 12022.55. Additional punishment for discharging firearm from vehicle

California Penal Code § 19200. Possession of Handgrenade; Punishment

California Welfare & Institutions Code § 707. Decision whether to transfer minor to court of criminal jurisdiction; Investigation and submission of report; Criteria

Prevention (view all states for this subject)

California Ed Code § 234.5. Additional information on Internet Web site; Posting of list of statewide resources

California Ed Code § 51264. Guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention; Assistance in developing in-service training programs and qualifying for funding; Encouragement to develop single plan; Consultation with California Emergency Management Agency

California Ed Code § 51265. Priority to Be Given to Gang Violence and Drug and Alcohol Abuse Prevention In-Service Training Programs

California Ed Code § 51266. (Operation contingent) Model gang violence suppression and substance abuse prevention curriculum

California Ed Code § 51266.5. Use of curriculum in rural school settings

California Pen Code § 13825.2. Administration; Communities covered; Facilities eligible to receive services

California Pen Code § 13825.3. Disbursement of Program Funds; Requests for Funding Proposals; Program Evaluation; Legislative Report

California Pen Code § 13825.4. Use of funds

California Pen Code § 13825.5. Eligibility for funding

California Pen Code § 13826.5. (Operation Contingent) Implementation of Activities by County Probation Departments

California Pen Code § 13826.6. (Operation Contingent) Implementation of Activities by Community-Based Organizations

California Pen Code § 13826.11. (Operation contingent) Legislative findings and declarations; "ASAP" pilot program

California Pen Code § 13826.62. (Operation Contingent) Urban Corps Program

California Pen Code § 13827. Abolishment of Office of Gang and Youth Violence Policy; Transfer of Duties and Obligations to Board of State and Community Corrections; References

California Pen Code § 13844. Activities for which funds may be used; Utilization of volunteers and senior citizens; Local commitment

California Wel & Inst Code § 727.7. Court Order to Attend Anti-Gang Violence Parenting Classes; Costs

Prosecution (view all states for this subject)

California Evid Code § 1231. Exception to hearsay rule

California Evid Code § 1231.1. Intent to offer statement

California Evid Code § 1231.2. Peace officer administering oath

California Evid Code § 1231.3. Law enforcement experience requirement

California Evid Code § 1231.4. Statement to jury

California Pen Code § 13519.5. Gang and Drug Law Enforcement Training

California Pen Code § 13826.2. (Operation Contingent) Enhanced Prosecution Efforts

California Pen Code § 13826.3. (Operation Contingent) Individuals Subject to Gang Violence Prosecution Efforts

California Pen Code § 13826.4. (Operation Contingent) Enhanced Law Enforcement Efforts

Recruitment, Threats, Intimidation (view all states for this subject)

California Pen Code § 136.1. Preventing or dissuading witness or victim from testifying or doing other acts

California Pen Code § 186.26. Penalty for soliciting or recruiting participation in criminal street gang; Threats of physical violence; Additional penalty for soliciting minor

Schools and Education (view all states for this subject)

California Ed Code § 35183. Legislative declaration regarding gang regalia, gang-related apparel and gang affiliation; Adoption and enforcement of reasonable dress code policy; Schoolwide uniforms

California Ed Code § 51264. Guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention; Assistance in developing in-service training programs and qualifying for funding; Encouragement to develop single plan; Consultation with California Emergency Management Agency

California Ed Code § 51265. Priority to Be Given to Gang Violence and Drug and Alcohol Abuse Prevention In-Service Training Programs

California Ed Code § 51266. (Operation contingent) Model gang violence suppression and substance abuse prevention curriculum

California Ed Code § 51266.5. Use of curriculum in rural school settings

California Pen Code § 13826.65. (Operation contingent) Gang violence prevention curriculum; Prevention and intervention services

Weapons (view all states for this subject)

California Pen Code § 186.22a. Building or place used by gang members as nuisance

California Pen Code § 186.28. Supplying, selling, or giving possession or control of firearm to another

California Pen Code § 12022.55. Additional punishment for discharging firearm from vehicle

Witnesses/Victims (view all states for this subject)

California Evid Code § 1231. Exception to hearsay rule

California Evid Code § 1231.1. Intent to offer statement

California Evid Code § 1231.2. Peace officer administering oath

California Evid Code § 1231.3. Law enforcement experience requirement

California Evid Code § 1231.4. Statement to jury

California Pen Code § 136.1. Preventing or dissuading witness or victim from testifying or doing other acts

California Pen Code § 13826.4. (Operation Contingent) Enhanced Law Enforcement Efforts


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