California · Penal Code

PEN §13826.3: (a) An individual is subject to gang violence prosecution efforts if he or she is under arrest for the commission or the attempted commission of any gang-related violent crime where the individual is

Civil

What this law says, in plain English

This statute defines when prosecutors may pursue enhanced gang violence prosecution efforts against individuals arrested for gang-related violent crimes who are gang members with prior criminal records.

Read the full statutory text

(a) An individual is subject to gang violence prosecution efforts if he or she is under arrest for the commission or the attempted commission of any gang-related violent crime where the individual is (1) a known member of a gang, and (2) has exhibited a prior criminal background. (b) For purposes of this chapter, “gang-related” means that the suspect or victim of the crime is a known member of a gang. (c) For purposes of this chapter, gang violence prosecution includes both criminal prosecutions and proceedings in Juvenile Court in which a petition is filed pursuant to Section 602 of the Welfare and Institutions Code.

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