Section 770 - Title and Scope(a) This Chapter shall be known as the "Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases," and may be cited as such and referred to herein as "these regulations." The provisions of these regulations shall govern the policies and procedures of any shared gang database in the state of California except those excluded by subdivision (b) of Penal Code section 186.34. These regulations shall not apply to the CalGang database; that shall be regulated by Chapter 7.5 of the California Code of Regulations, title 11, sections 750 to 757.4.(b) All records and information contained in a shared gang database are confidential and are for the use of law enforcement agencies, as defined in Penal Code section 186.34(a)(3), only.(c) A shared gang database shall be used as a means of identifying User Agencies that supplied the information in a shared gang database. Information from a shared gang 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 770.4 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 a shared gang 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 a shared gang 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, § 770
1. New chapter 7.6 (articles 1-13, sections 770-776.6), article 1 (section 770) 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 chapter 7.6 (articles 1-13, sections 770-776.6), article 1 (section 770) 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.