Section 750.2 - Purpose of the Calgang Database(a) The objective of the CalGang database is to provide law enforcement agencies with an accurate, timely, and electronically-generated database of statewide gang-related intelligence information.(b) All records and information contained in the CalGang database are confidential and are for the use of law enforcement agencies, as defined in Penal Code section 186.34(a)(3), only.(c) The CalGang database shall be used as a means of identifying the Node Agencies or User Agencies that supplied the information in the CalGang database. Information from the CalGang database shall not be accessed or used for any reason other than criminal investigative purposes, as permitted under this chapter, and shall not be used for the purposes of documenting immigration status or any other unlawful purpose. Any memorandum of understanding adopted pursuant to section 750.6 or 750.8 of this chapter shall include an agreement by the Agency to comply with such restrictions and all other requirements of these regulations.(d) The mere fact of a person's designation in the CalGang database, by itself, shall not be used to: justify searching, detaining, or arresting any person; or support issuance of, or application for, a subpoena, warrant, or similar instrument in a criminal proceeding.(e) These regulations shall not be interpreted as authorizing the use of a person's designation in the CalGang database as evidence of crime, or as probative of any other matter, in any phase of a criminal proceeding, including sentencing.Cal. Code Regs. Tit. 11, § 750.2
1. New article 2 (sections 750.2-750.4) 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: Sections 186.34, 186.35 and 186.36, Penal Code.
1. New article 2 (sections 750.2-750.4) 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.