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Penal Code 186.22 PC is part of the "California Street Terrorism Enforcement and Prevention Act"– more commonly referred to as the California "STEP Act" . . . or as California's street gang enhancement law.

The California street gang sentencing enhancement law actually has two main parts (only one of which is an actual sentence enhancement). These are:

1. Penal Code 186.22(a) PC, the crime of participation in a gang

This part of the law makes it a crime to participate in a street gang and assist in any felony criminal conduct by the gang's members.

The penalties for participation in a gang, in violation of Penal Code 186.22(a) PC, can include one (1) year in county jail . . . or a California felony sentence of sixteen (16) months, two (2) years or three (3) years in state prison.1

2. Penal Code 186.22(b) PC, the gang sentencing enhancement.

This part of the law provides that anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence . . . in addition and consecutive to the penalty s/he receives for the underlying felony.2

Depending on the circumstances of the offense, Penal Code 186.22(b) PC could mean an additional two (2) to fifteen (15) years, or even twenty-five (25)-years-to-life, in prison...even if you're not a gang member, and even if you aren't the individual who was most directly responsible for committing the underlying felony!3

So, as you can see, California law, through the STEP Act, punishes gang members...and those who associate with gang members...much more harshly than people who have no gang ties.
Examples

Here are some examples of situations in which the California street gang sentencing enhancement law might apply:

    Charles is a member of a street gang that engages in drug trafficking.  He is arrested and charged with possession of a controlled substance for sale.  And he is also charged with Penal Code 186.22(a) PC  -- the California crime of participation in a gang -- which increases his total potential sentence.
    Nicole is not a gang member, but her boyfriend Raul is.  One day she helps Raul threaten someone who owes money to the gang -- thus committing the California crime of extortion. Because she acted for the benefit of a gang -- even though she is not a gang member -- Nicole may face an additional sentence of up to ten (10) years on top of her sentence for committing extortion.4

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Legal defenses

But just because the prosecution charges you with a street gang sentencing enhancement doesn't mean it will stick. A good California criminal defense attorney knows this and may be able to help make sure that it doesn't.

Potentially helpful legal defenses against a Penal Code 186.22 PC charge include:

    You didn't commit the underlying felony;
    You are not an "active participant" in a gang;
    You weren't acting for the benefit of a gang;
    The prosecutor is seeking to apply the gang sentencing enhancement in an illegal way; and/or
    Imposing the gang sentencing enhancement would go against "the interests of justice."

Below, our California criminal defense attorneys5 address the following:
1. The Legal Definition of the Crime of "Participation in a Gang"
(Penal Code 186.22(a) PC)

    1.1. Penalties for the crime of "participation in a gang"

2. The California Gang Sentencing Enhancement (Penal Code 186.22(b) PC)

    2.1. "Generic" felonies

    2.2. "Serious" felonies

    2.3. "Violent" felonies

    2.4. Specific felonies

    2.5. Misdemeanors

    2.6. Other sentencing considerations

3. California's Gang Sentencing Enhancement and its Relationship to Other Sentencing Enhancements

    3.1. Personal use of a gun

    3.2. California's "10-20-life" law

4. Legal Defenses Against Charges Under California's Gang Sentencing
Enhancement Law
5. Comparison with federal gang laws

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
1. The Legal Definition of the Crime of "Participation in a Gang"
(Penal Code 186.22(a) PC)

Penal Code 186.22(a) PC sets out the legal definition of the California crime of "participation in a gang."6

In order to convict you of the offense of "participation in a street gang" under the STEP Act, a California prosecutor must prove the following three facts (otherwise known as "elements of the crime"):

    You "actively participated" in a criminal street gang;
    You knew that the gang's members engaged in a pattern of criminal gang activity; AND
    You willfully assisted, furthered, or promoted felonious (felony) criminal conduct by gang members.7

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In order to help you better understand the legal definition of participation in a gang under Penal Code 186.22(a) PC, we will expand on some of these terms.

"Actively participated"

Under California's gang enhancement law, you are considered to have "actively participated" in gang activities if you participated in those activities in a way that is not merely passive, or in name only. You can be considered to have been an active participant in a gang even if

        you didn't devote all or a substantial part of your time to the gang,

    you weren't a leader of the gang, and
    you weren't even an active member of the gang.8

    Example: Juan is arrested for committing an armed California robbery (a California felony).

    Police recognize Juan as someone they have frequently seen associating with known members of a local street gang. Juan has also admitted to police that he "kicks back" with the gang sometimes -- even though he is not a member. Also, the robbery Juan committed resembles other robberies members of that gang have committed in the neighborhood.

    Because of this, Juan is considered to have actively participated in the gang. He is convicted of Penal Code 186.22(a) PC as well as robbery.9

"Criminal street gang"

A "criminal street gang" is defined as any organization or group of three (3) or more people that

    has a common name or identifying sign or symbol,
    has, as one of its primary activities, the commission of one of a long list of California criminal offenses, and
    whose members have engaged in a "pattern of criminal gang activity"...either alone or together.10

The definition of a "pattern of criminal gang activity" in California's gang sentencing enhancement law is extremely complicated.11 But, put very simply, it means

    the commission of two (2) or more crimes from a specific list,
    on two (2) or more separate occasions or by two (2) or more people,
    within three (3) years of each other, and
    with at least one crime committed after September 1988.12

And though it may seem odd, it isn't necessary for the prosecution to prove that these offenses were even gang-related.13

The list of criminal offenses that can establish a "pattern of criminal gang activity" . . . and thus that a group is a "criminal street gang" . . . is quite long.  It includes such common offenses as:

    Robbery,
    Numerous drug offenses, including transportation and sale, possession for sale, and manufacture of drugs,
    Drive-by shootings,
    Vandalism, but only if it is chargeable as a felony,
    Assault with a deadly weapon, and
    Murder.14

    Example: A group of teenage boys from a neighborhood called Hidden Woods form a group that they call the HW Taggers. They come up with an identifying logo and spray-paint this logo all over nearby neighborhoods -- thus committing the crime of California vandalism -- but don't engage in any other criminal activity.

    The damage done by the HW Taggers' graffiti turns out to fairly cheap to repair -- which means that they have only committed misdemeanor vandalism.15 Because only felony vandalism counts to establish a pattern of criminal gang activity, the HW Taggers do not quality as a criminal street gang.

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"Assisted, furthered or promoted" gang criminal activity

In order to prove that you "assisted, furthered or promoted" felony criminal conduct by a gang, the prosecutor must prove that you either

    directly and actively committed a felony in California law, or
    aided and abetted a felony.16

In addition, in order for you to be convicted of the crime of "participation in a gang" under Penal Code 186.22(a) PC, it must be true that you committed...or aided and abetted...a felony with other gang members.  If you commit a felony on your own, you cannot be convicted under this section of California's gang enhancement law.17

(However, even if you acted alone, you may still be subject to the criminal street gang sentencing enhancement under Penal Code 186.22(b) PC...which we discuss further in Section 2 below18.

    Example: Joe is a member of a well-known gang. One night he commits an attempted robbery by himself. Members of his gang regularly commit robberies in order to intimidate other members of the community.

    Joe may be charged with attempted robbery and may receive a gang sentencing enhancement...but he is NOT guilty of the separate crime of "participation in a gang" for this robbery. This is because he acted alone, rather than together with other gang members.19

1.1. Penalties for the crime of "participation in a gang"

The offense of participation in a gang under Penal Code 186.22(a) PC is a wobbler in California law. This means that the prosecutor may choose to try it as either a misdemeanor or a felony.20

The maximum sentence if you are convicted of Penal Code 186.22(a) PC as a misdemeanor is one (1) year in county jail. You may also receive a fine of up to one thousand dollars ($1,000).21

If you are convicted of participation in a gang as a felony, you may face sixteen (16) months, two (2) years, or three (3) years in the California State Prison.22 You may also receive a fine of up to ten thousand dollars ($10,000).23
2. The California Gang Sentencing Enhancement (Penal Code 186.22(b) PC)

Penal Code 186.22(b) PC sets forth the actual California criminal gang sentencing enhancement.24

The way the street gang sentencing enhancement under the STEP Act works is this: if you are convicted of a California crime, you will receive an enhanced sentence . . . ASSUMING the prosecutor can prove all of the "elements" of the sentencing enhancement.

These elements are:

    You committed . . . or attempted . . . the crime for the benefit of, at the direction of, or in association with a criminal street gang; and
    When you committed the crime, you intended to assist, further, or promote criminal conduct by members of the gang.25

Of course, you also must be convicted of the underlying crime . . . which means the prosecutor must prove all the elements of that crime as well.26

Importantly, there is no requirement that you be an "active participant" in a gang at the time when you committed the crime.27

    Example: Ramon is not a member of the well-known Norteno gang, but several of his friends are. One day, he and his friends throw a bottle at a car that is driven by an off-duty police officer. When the officer attempts to detain them, Ramon and his friends begin beating him...committing the crime of battery on a police officer.

    Ramon is convicted and sentenced for that crime . . . and also receives a street gang sentencing enhancement. It doesn't matter that he wasn't a current active member of the Norteno gang, because the prosecutor proves that he committed the crime in order to assist his friends—who are gang members—in their criminal conduct.28

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How much will the criminal street gang sentencing enhancement increase your sentence for a particular crime? That depends on what the underlying crime is.

2.1. "Generic" felonies

The general rule is that...if you are convicted of a felony and the STEP Act gang enhancement applies . . . you will receive an additional prison term of two (2), three (3), or four (4) years.29

This term is served in addition and consecutive to the penalty you receive for the underlying felony (as well as any additional charges).30

However, there are numerous exceptions to this general rule.

2.2. "Serious" felonies

If the underlying felony to which the Penal Code 186.22(b) enhancement applies is a so-called "serious" felony, the additional prison term will be five (5) years.31

There are over 42 types of California serious felonies.  Examples include (but are not limited to):

    Penal Code 246 PC, California's law against shooting at an inhabited dwelling or occupied car,
    certain California drug crimes,
    assault with a deadly weapon by a prison inmate,
    Penal Code 245(a)(1) PC assault with a deadly weapon against a peace officer,
    Penal Code 245(a)(2) PC assault with a firearm against a peace officer or firefighter, and
    Penal Code 422 PC California's law against making criminal threats.32

2.3. "Violent" felonies

If the underlying felony to which the Penal Code 186.22(b) enhancement applies is a so-called "violent" felony, committed in connection with a street gang . . . then the additional prison term will be ten (10) years.33

The list of crimes that count as "violent" felonies in California is also long—well over 20. Examples include (but are not limited to):

    Penal Code 187 PC murder,
    any felony in which the defendant inflicts great bodily injury upon a victim,
    Penal Code 203 and 205 PC, California's mayhem laws, and
    specific California sex crimes.34

2.4. Specific felonies

Finally, Penal Code 186.22(b) PC sets out a few specific felonies that . . . if committed with the intent to assist or promote a gang . . . will lead to an even longer gang sentencing enhancement.

If the underlying felony that you are convicted of is

    Penal Code 213 PC home invasion robbery,
    Penal Code 215 PC California carjacking,
    a felony violation of Penal Code 246 PC, California's law against shooting at an inhabited dwelling or occupied car, or
    Penal Code 12022.55 PC – discharging a firearm from a motor vehicle (more commonly referred to as a "drive-by" shooting that causes death or great bodily injury,

then you face an additional fifteen (15) years to life in the California state prison.35
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If you are convicted of either

    Penal Code 518 PC extortion committed by force or fear, or
    Penal Code 136.1 PC dissuading a witnesss,

then you face seven (7) years to life in the state prison.36

And, finally, if your underlying conviction is for a felony that is punishable by life imprisonment, you will be sentenced to a life term.  And in this case, you will not earn credit towards your California parole eligibility until you have served a minimum of fifteen (15) years.37

2.5. Misdemeanors

Penal Code 186.22(d) PC provides one more way that criminal gang involvement can increase your sentence for a particular crime.

This part of California's gang enhancement law allows the prosecution to turn any misdemeanor crime into a felony . . . if the misdemeanor is committed:

    for the benefit of, at the direction of, or in association with any criminal street gang, and
    with the specific intent to promote, further, or assist in criminal conduct by gang members.38

This means that . . . instead of the normal maximum misdemeanor sentence of one (1) year in county jail . . . you may face one (1), two (2) or three (3) years in state prison.39

    Example:  Tony waves around a gun in front of a rival gang member and calls out the name of a gang he belongs to as he does so.

    He is arrested for violating Penal Code 417 PC, California's "brandishing a weapon" law – ordinarily a misdemeanor.  But prosecutors may be able to charge Tony with Penal Code 417 PC as a felony because he committed the offense for the benefit of his gang.

However, if prosecutors elect this option, they are not allowed to then take the "new" felony and add one of the enhancements under Penal Code 186.22(b) PC.40

In other words, the sentence for a felony that has been converted from a misdemeanor cannot also include the normal street gang sentencing enhancement. California courts have recognized that that would be far too harsh a penalty.41

2.6. Other sentencing considerations

Offense took place in a school zone

In addition to the gang sentencing enhancement calculations described above, under the STEP Act, judges will also look at whether the underlying offense took place

    in a "school zone" (that is, on the campus of ... or within one thousand (1,000) feet of . . . a public or private school),
    during hours when the school was in session or minors were on the grounds.42

If the offense did take place in a school zone, that will be an "aggravating circumstance" that the judge may take into consideration when determining the length of your sentence.43 In other words, that could lead to you receiving a sentence on the higher end of the range.
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Striking the gang enhancement in the interests of justice

Under Penal Code 186.22 PC, California judges may . . . at their discretion . . . strike the gang enhancement altogether . . . IF a skilled California criminal defense lawyer can persuade the judge that it is "in the interests of justice" to do so.44

This is supposed to happen only in unusual cases...but with the help of a good lawyer, you may be able to convince the judge that yours is just such an unusual case.

Multiple gang enhancements

Generally speaking, California law only allows an individual to suffer one sentencing enhancement for a single criminal act...even if that criminal act results in multiple charges.45

However, if a defendant commits several criminal acts that

    involve multiple victims, and
    are separated by time and distance,

then s/he may face criminal charges for both acts...and the criminal street gang sentencing enhancement may apply to both.46

    Example: Arthur is a gang member. One night, he and several other members of his gang rob a man in his apartment. They then drive to another apartment building and rob a second man in his unit. The jury determines that both robberies were committed for the benefit of the gang.

    Because the two robberies had different victims . . . and were separated by time and distance . . . Arthur may be convicted of and serve time for both. AND he will receive a separate STEP Act sentencing enhancement for each robbery.47

3. California's Gang Sentencing Enhancement and its Relationship to Other Sentencing Enhancements

There are two other common California sentencing enhancements that may be charged in connection with . . . or instead of . . . the California criminal street gang sentencing enhancement. These are

    California's enhancement for personal use of a gun, and
    California's "10-20-life" law.

3.1. Personal use of a gun

Penal Code 12022 and 12022.5 PC set forth California's sentencing enhancements for personal use of a gun.

Penal Code 12022 PC adds an additional one (1) year sentence enhancement if any principal is armed with a gun during the commission of a felfelony .48 This means that even if you aren't personally armed...but someone else involved in the felony is...both of you could nevertheless face this enhancement.

Penal Code 12022.5 PC adds a three (3), four (4), or ten (10) year additional and consecutive sentence if you personally use a gun during the commission of a felony.49

In either case, California prosecutors may choose to argue that you should receive this sentence enhancement in place of the STEP Act (criminal gang) sentence enhancement.

3.2. California's "10-20-life" law

The second enhancement that frequently gets charged in connection with California's gang sentencing enhancement is California's "10-20-life 'use a gun and you're done'" law.

California's "10-20-life" law is found in Penal Code 12022.53 PC.  Under this sentencing enhancement:

    personally using a gun during the commission of certain specific felonies subjects you to a ten (10)-year prison sentence . . . in addition and consecutive to the penalty for the underlying felony;
    personally firing a gun subjects you to an additional twenty (20) years; and
    personally firing a gun and causing great bodily injury or death to another person (other than an accomplice in the felony) subjects you to an additional twenty-five (25) years to life in prison.50

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The specific felonies that can trigger the "10-20-life" law include things like:

    Murder,
    Robbery,
    Carjacking, and
    Kidnapping.51

There are two main ways in which the "10-20-life" law interacts with Penal Code 186.22(b), California's gang sentencing enhancement.

    First, if you personally use or discharge a gun during one of the specified felonies...and you commit that felony for the benefit of a gang . . . , you may suffer an enhancement under both Penal Code 186.22(b) and California's "10-20-life" law.52
    Second, if you are a principal in one of the specified felonies, committed for the benefit of the gang . . . and another principal (not you personally) uses or discharges a gun during the felony . . . you may receive a sentencing enhancement under California's "10-20-life law" . . . even though that law normally applies only to defendants who personally used a gun.

    However, you may not receive both the gun sentence enhancement and the gang sentence enhancement if you did not personally use or discharge a gun.53


    Example: Keith and Gary are gang members. They commit an armed robbery together for the benefit of their gang. During the robbery, Keith fires a gun.

    Because Keith personally discharged the gun, he may receive both a Penal Code 186.22(b) gang sentencing enhancement and a "10-20-life" firearm enhancement.

    Gary didn't personally fire a gun. But he did participate in the robbery for the benefit of the gang, and another principal in the robbery did fire a gun. So Gary may receive a 20-year firearm enhancement (but not a gang enhancement as well).

If this sounds confusing, that's because it is. This is just one reason why it is critical to consult with a criminal defense attorney who has a thorough understanding of both California's firearm laws and California's gang laws.

As Oakland criminal defense attorney Neil Shouse54 explains:

    "California gun laws are complex.  And California gang sentencing laws are even more so.  A lawyer who has mastered these laws immediately recognizes when an overzealous...or, even worse, uneducated . . . prosecutor is attempting to impose an illegal sentencing enhancement.  And, just as importantly, we know how to prove our position to the court."

4. Legal Defenses Against Charges Under California's Gang Sentencing Enhancement Law

A California criminal defense lawyer can use a number of common legal defenses to challenge STEP Act charges....either gang participation charges under Penal Code 186.22(a) PC, or the gang sentencing enhancement under Penal Code 186.22(b) PC.

These legal defenses include (but are not limited to):

Fighting the underlying felony charges

If you are not convicted of an underlying felony, you can't receive a criminal street gang sentencing enhancement under Penal Code 186.22(b) PC.  In many cases, prosecutors may not have sufficient evidence to prove every element of the felony of which you are accused.
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Proving that you are not an "active participant" in a gang

If you are charged with "participation in a gang" under Penal Code 186.22(a) PC, you cannot be convicted unless the prosecutor can prove that you are an "active participant" in the gang.55

Particularly if you are not actually a full member of a gang, this can be a difficult allegation to prove. A good criminal defense lawyer can help find the holes in the prosecutor's evidence that you actively participated in a criminal street gang.

You weren't acting "for the benefit of a gang"

Similarly, you can't receive the STEP Act sentencing enhancement under Penal Code 186.22(b) PC if the prosecutor cannot prove that that you acted for the benefit of a gang . . . when you committed this particular felony. This is true even if you are an active member of the gang.56

For example, a gang member might commit a robbery just to try to get money for himself and his family. It may have nothing to do with the gang. But overzealous prosecutors may try to stick him with the gang enhancement just to "dirty him up" at trial . . . and to send him to prison for a longer term.

Even if he is convicted of the robbery, he should be able to beat the gang sentencing enhancement with the help of an experienced California gang crimes defense attorney . . .  and his ultimate sentence will likely be much shorter.

The prosecutor is trying to impose the gang sentencing enhancement illegally

It bears repeating that California's gang laws, firearms law, and sentencing laws are very complex.  Sometimes even a well-meaning prosecutor may not fully understand the relevant statutes and may file inappropriate or illegal charges against you.
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When prosecutors are charging you with violating California's gang laws, it is critical that your criminal defense lawyer meticulously review each and every aspect of the charge to ensure that you are not being charged illegally or unfairly.

Imposing the gang sentence enhancement would be against the "interests of justice"

Even if a jury decides to impose the criminal street gang sentencing enhancement under Penal Code 186.22(b) PC, remember that the judge has the discretion to strike the sentencing enhancement in special cases . . . if the "interests of justice" demand it.57

Though this happens only in rare cases, an increasing number of legal scholars and observers recognize that California's criminal gang sentencing enhancement laws are unnecessarily harsh...and downright "unjust and ineffective" (as one scholarly article puts it).58

Providing information about your job history, family contributions and obligations, and character might help persuade the judge to exercise that discretion instead of sentencing you under the STEP Act.
5. Comparison with federal gang laws

There are three federal statutes that make it a felony to commit or participate in serious federal... or state... crimes in order to further the interests of a criminal "enterprise" (which can include a gang), or to get into, or further your position in, a gang.

They are:

    The Racketeer Influenced and Corrupt Organizations Act ("RICO") 18 USC 1961-68;
    The Violent Crimes in Aid of Racketeering Act "(VICAR") 18 USC 1959; and
    The Continuing Criminal Enterprise statute 21 USC 848.

Thus, the government often has a choice whether to prosecute gang members under federal or state law.

In general, federal laws are only used to disrupt and destroy large, highly organized gangs that deal drugs or commit crimes of violence over a wide geographic area, or when local law enforcement officials do not have the resources to investigate and prosecute cases in which the federal government has a significant interest.

There is also a penalty enhancement statute -- the Criminal Street Gangs statute 18 USC 521 -- that can in certain circumstances can add up to 10 years to the sentence of gang members convicted of any serious crime in federal court.

Differences between federal and California gang crimes

The definition of a criminal "enterprise" under federal law is slightly different from the definition of a "street gang" under California Penal Code 186.22(b) PC.  The underlying crimes that count as predicate acts are slightly different as well.

For practical purposes, however, most organized gangs that deal drugs or commit violent crimes will qualify as enterprises under federal law, if their activities in any way affect interstate or foreign commerce.

And the interstate commerce requirement is easily met -- selling drugs that come from another country or using guns manufactured in another state is usually enough.

But perhaps the biggest difference between being charged in a federal court instead of a California state court is that there is no parole under the federal system.

If you are convicted of a gang-related crime in federal court, you will serve your full sentence.

Thus, the government may use the threat of federal prosecution in order to try to get you to plead guilty to crimes under California law.
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18 USC 1961-68, the Racketeer Influenced and Corrupt Organizations Act ("RICO")

Under RICO, you can be punished if within a 10-year period you commit, or conspire to commit, two or more related crimes ("predicate acts") from a list of 36 specified state and/or federal crimes, in furtherance of the activities of a criminal "enterprise" (which can include a street gang).

Predicate acts under RICO include (but are not limited to):

    murder;
    kidnapping;
    gambling;
    arson;
    robbery;
    bribery;
    obstruction of justice;
    obstruction of criminal investigations;
    extortion; and
    drug trafficking.

Penalties for RICO violations can include a prison sentence of up to 20 years or, in some cases, life imprisonment, as well as forfeiture of profits from your illegal activities and a fine of up to $250,000.

18 USC 1959, the Violent Crimes in Aid of Racketeering Act "(VICAR")

VICAR punishes those who commit a violent crime in order to be admitted into, or to bolster their position in, a criminal enterprise.

The predicate crimes under VICAR are:

    murder;
    kidnapping;
    maiming;
    assault with a dangerous weapon;
    assault resulting in serious bodily injury; and
    threatening to commit a crime of violence against any individual in violation of any state or federal law.

Penalties under VICAR can include prison sentences of up to 30 years (or for murder, life imprisonment or the death penalty), and fines of up to $250,000.

The Continuing Criminal Enterprise statute ("CCE" or "Kingpin statute") 21 USC 848

The Continuing Criminal Enterprise statute makes it a crime to be a leader of a drug enterprise or to kill someone while engaging in, or avoiding arrest for, certain drug-related offenses.

Unlike RICO and VICAR, which target a wide range of criminal enterprises, CCE covers only major narcotics organizations.

Penalties under CCE include prison sentences of not less than 20 years (or for murder or ordering a murder, life imprisonment or the death penalty), as well as forfeiture of profits and fines of up to $4,000,000 for individuals and $10,000,000 for organizations.
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There is no double jeopardy prohibition to punishment for violations of RICO, VICAR and/or CCE and for underlying crimes.

RICO, VICAR and CCE penalties are in addition to each other, as well as in addition to sentences and penalty enhancements for underlying crimes under applicable federal or state law.

Sentencing enhancements under 18 USC 521, the "Criminal Street Gangs" statute

Federal law also provides a penalty enhancement of up to 10 years for crimes committed by gang members who have been convicted within the last five years of a serious state or federal crime.

The definition of a gang is quite limited under 18 USC 521 – the gang must have at least five members and one its primary purposes must be to commit serious drug felonies or crimes of violence under federal law.

The law also requires that a prosecutor prove that you committed the crimes in furtherance of a gang's criminal activities, or to maintain your position within a gang.

Since each of these requirements (other than the fact of a prior conviction) must be charged in the indictment, submitted to a jury, and proven beyond a reasonable doubt,  use of the federal penalty enhancement has proved limited.

Legal defenses to federal gang charges

Many of the same legal defenses to charges under California Penal Code 186.22 PC also apply to charges under federal gang laws.

Additional legal defenses may include:

    the gang doesn't meet the legal definition of an "enterprise" under RICO/VICAR;
    the gang doesn't meet the legal definition of a "continuing criminal enterprise" under CCE;
    the gang doesn't meet the legal definition of a "criminal street gang" under the Criminal Street Gangs statute; and
    your convictions for the underlying offenses were expunged.

For a more detailed examination of federal gang laws and how they differ from California Penal Code 186.22 PC, visit our page A Comparison of California and Federal Gang Laws.
Call Us for Help...
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If you or loved one is charged with Penal Code 186.22 PC gang enhancement and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For more information on Nevada's gang crime enhancement law, you may visit our page on Nevada's gang crime enhancement law.

¿Habla español? Visite nuestro sitio Web en español sobre la ley de intensificación de sentencia para las pandillas criminales de California.

Legal References:

1 Penal Code 186.22 PC – Participation in criminal street gang; penalty [California's criminal street gang enhancement law]. ("(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.")

2 See same, California's criminal street gang enhancement law. ("(b)(1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows: (A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion. (B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years. (C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years. (2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1). (3) The court shall select the sentence enhancement which, in the court's discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentencing in accordance with the provisions of subdivision (d) of Section 1170.1. (4) Any person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (A) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraph (B) or (C) of this paragraph. (B) Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55. (C) Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519; or threats to victims and witnesses, as defined in Section 136.1. (5) Except as provided in paragraph (4), any person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.")

3 See same, California's criminal street gang enhancement law.

4 See same, California's criminal street gang enhancement law.

See also Penal Code 667.5(c) PC – Definition of a "violent felony." ("(c) For the purpose of this section, "violent felony" shall mean any of the following: . . . (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.")

5 Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

6 Penal Code 186.22(a) PC – California's criminal street gang enhancement law, endnote 1, above.

7 Judicial Council of California Criminal Jury Instructions ("CALCRIM") 1400 – Active Participation in Criminal Street Gang. ("To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant actively participated in a criminal street gang; 2 When the defendant participated in the gang, (he/she) knew that members of the gang engage in or have engaged in a pattern of criminal gang activity; AND 3 The defendant willfully assisted, furthered, or promoted felonious criminal conduct by members of the gang either by: a directly and actively committing a felony offense; OR b aiding and abetting a felony offense.")

8 See same. ("Active participation means involvement with a criminal street gang in a way that is more than passive or in name only. [The People do not have to prove that the defendant devoted all or a substantial part of (his/her) time or efforts to the gang, or that (he/she) was an actual member of the gang.]")

9 Based on People v. Castenada, (2000) 23 Cal.4th 743, 752-53. ("Does the evidence show that defendant's involvement with the Goldenwest gang was more than nominal or passive [and so that he had violated Penal Code 186.22(a) PC]? We conclude it does. In the 14 months before the crimes in this case, Santa Ana police officers on seven occasions saw defendant in the company of known Goldenwest gang members, and on four of these gave him written notice that Goldenwest was a criminal street gang under the STEP Act. On those occasions, defendant bragged to the officers that he "kicked back" with the Goldenwest gang, a phrase that gang expert Officer Thomas Serafin explained was gang parlance for being associated with or being a member of the gang. On the date of the crimes here, defendant, armed with a handgun and in the company of two others, pursued victims Venegas and Castillo in the Goldenwest gang's territory, demanded money, forcibly took Venegas's watch, and tried to rip a gold chain off his neck. Gang expert Serafin described the crime as typical of those committed by Goldenwest gang members to put local residents on notice of the gang's control of the neighborhood.")

10 CALCRIM 1400 – Active Participation in Criminal Street Gang. ("[A criminal street gang is any ongoing organization, association, or group of three or more persons, whether formal or informal: 1 That has a common name or common identifying sign or symbol; 2 That has, as one or more of its primary activities, the commission of <insert one or more crimes listed in Pen. Code, § 186.22(e)(1)–(25), (31)–(33)>; AND 3 Whose members, whether acting alone or together, engage in or have engaged in a pattern of criminal gang activity.]")

11 Penal Code 186.22 PC – California's criminal street gang enhancement law.  ("(e) As used in this chapter, "pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons: (1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245. (2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1. (3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1. (4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code. (5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246. (6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100. (7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13. (8) The intimidation of witnesses and victims, as defined in Section 136.1. (9) Grand theft, as defined in subdivision (a) or (c) of Section 487. (10) Grand theft of any firearm, vehicle, trailer, or vessel. (11) Burglary, as defined in Section 459. (12) Rape, as defined in Section 261. (13) Looting, as defined in Section 463. (14) Money laundering, as defined in Section 186.10. (15) Kidnapping, as defined in Section 207. (16) Mayhem, as defined in Section 203. (17) Aggravated mayhem, as defined in Section 205. (18) Torture, as defined in Section 206. (19) Felony extortion, as defined in Sections 518 and 520. (20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594. (21) Carjacking, as defined in Section 215. (22) The sale, delivery, or transfer of a firearm, as defined in Section 12072. (23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101. (24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422. (25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code. (26) Felony theft of an access card or account information, as defined in Section 484e. (27) Counterfeiting, designing, using, attempting to use an access card, as defined in Section 484f. (28) Felony fraudulent use of an access card or account information, as defined in Section 484g. (29) Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5. (30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7. (31) Prohibited possession of a firearm in violation of Section 29800. (32) Carrying a concealed firearm in violation of Section 25400. (33) Carrying a loaded firearm in violation of Section 25850.")

12 CALCRIM 1400 – Active Participation in Criminal Street Gang. ("A pattern of criminal gang activity, as used here, means: 1 [The] (commission of[,]/ [or] attempted commission of[,]/ [or] conspiracy to commit[,]/ [or] solicitation to commit[,]/ [or] conviction of[,]/ [or] (Having/having) a juvenile petition sustained for commission of) <Give 1A if the crime or crimes are in Pen. Code, § 186.22(e)(1)–(25), (31)–(33).> 1A (any combination of two or more of the following crimes/[,][or] two or more occurrences of [one or more of the following crimes]:)  <insert one or more crimes listed in Pen. Code, § 186.22(e)(1)–(25), (31)–(33)>; [OR] <Give 1B if one or more of the crimes are in Pen. Code, § 186.22(e)(26)–(30).> 1B [at least one of the following crimes:]  <insert one or more crimes from Pen. Code, § 186.22(e)(1)–(25), (31)–(33)>; AND [at least one of the following crimes:]  <insert one or more crimes in Pen. Code, § 186.22(e)(26)–(30)>; 2 At least one of those crimes was committed after September 26, 1988; 3 The most recent crime occurred within three years of one of the earlier crimes; AND 4 The crimes were committed on separate occasions or were personally committed by two or more persons.]")

13 People v. Gardeley, (1996) 14 Cal.4th 605, 621. ("Here, the relevant statutory language is clear and unambiguous. Section 186.22, subdivision (e) [California's street gang enhancement law] defines "pattern of criminal gang activity" as "the commission, attempted commission, or solicitation of two or more" enumerated offenses occurring within a specified time period, and "committed on separate occasions, or by two or more persons." Nothing in this statutory language suggests an intent by the Legislature to require the "two or more" predicate offenses to have been committed "for the benefit of, at the direction of, or in association with" the gang, as defendants contend.")

14 Penal Code 186.22 PC – California's criminal street gang enhancement law, endnote 11, above.

15 Penal Code 594 PC – Vandalism; penalty [only felony vandalism counts for purpose of street gang sentencing enhancement law]. (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys. Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property. (b)(1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. (2)(A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.")

16 CALCRIM 1400 – Active Participation in Criminal Street Gang, endnote 7, above.

17 People v. Rodriguez, (2012) 55 Cal.4th 1125, 1153. ("Although the People might prefer a different statute, section 186.22(a) reflects the Legislature's carefully structured endeavor to punish active participants for commission of criminal acts done collectively with gang members. Defendant here acted alone in committing the attempted robbery. Thus, he did not also violate section 186.22(a).")

18 See same, at 1152. ("A lone gang member who commits a felony will not go unpunished; he or she will be convicted of the underlying felony. Further, such a gang member would not be protected from having that felony enhanced by section 186.22(b)(1), . . . .")

19 Based on the facts of the same.

20 Penal Code 186.22(a) PC – California's criminal street gang enhancement law, endnote 1, above.

21 See same.

See also Penal Code 672 PC – Offenses for which no fine prescribed. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors [including misdemeanor violations of Penal Code 186.22(a) PC] or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

22 Penal Code 186.22(a) PC – California's criminal street gang enhancement law, endnote 1, above.

23 Penal Code 672 PC – Offenses for which no fine prescribed [including participation in a street gang], endnote 21, above.

24 Penal Code 186.22(b) PC – California's criminal street gang enhancement law, endnote 2, above.

25 CALCRIM 1401 – Felony or Misdemeanor Committed for Benefit of Criminal Street Gang [gang sentencing enhancement]. ("To prove this allegation, the People must prove that: 1 The defendant (committed/ [or] attempted to commit) the crime (for the benefit of[,]/ at the direction of[,]/ [or] in association with) a criminal street gang; AND 2 The defendant intended to assist, further, or promote criminal conduct by gang members.")

26 See same. ("If you find the defendant guilty of the crime[s] charged in Count[s]  [,] [or of attempting to commit (that/those crime[s])][,][or the lesser offense[s] of  <insert lesser offense[s]>], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant committed that crime (for the benefit of[,]/ at the direction of[,]/ [or] in association with) a criminal street gang. [You must decide whether the People have proved this allegation for each crime and return a separate finding for each crime.]")

27 In re Ramon T., (1997) 57 Cal.App.4th 201, 206.  ("Appellant is correct that the prosecution was required to prove that the Nortenos were a criminal street gang and that the crimes were committed for the benefit of, at the direction of or in association with the Nortenos. However, he is wrong in asserting that the prosecution was required to prove that he was a "current, active" member of that gang. Appellant's claim that he must be proven to be an "active" member of the Nortenos is based on People v. Green (1991) 227 Cal.App.3d 692, 700, 278 Cal.Rptr. 140 ( Green ). However, Green considered what was required to constitute a violation of section 186.22, subdivision (a)-a substantive offense which specifically requires "active" participation in a gang. No such requirement is found in section 186.22, subdivision (b) [California's street gang enhancement law], which is an enhancement.")

28 Loosely based on the facts of the same.

29 Penal Code 186.22(b) PC – California's criminal street gang enhancement law. ("(b)(1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows: (A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion.")

30 See same.

31 See same. ("(B) If the felony [to which the criminal street gang sentencing enhancement applies] is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.")

32 Penal Code 1192.7(c) PC – California serious felonies. ("c) As used in this section, "serious felony" [including for purposes of criminal street gang sentence enhancement] means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.")

33 Penal Code 186.22(b) PC – California's criminal street gang enhancement law.. ("(C) If the felony [to which the California gang enhancement applies] is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.")

34 Penal Code 667.5(c) PC -- California violent felonies.  ("(c) For the purpose of this section, "violent felony" [including for purposes of criminal street gang sentence enhancement] shall mean any of the following: (1) [Penal Code 187] Murder or voluntary manslaughter. (2) [Penal Code 203 or 205 PC] Mayhem. (3) [Certain California sex crimes including] Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 12308, 12309, or 12310. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code [California's street gang enhancement law]. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code. (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person.")

35 Penal Code 186.22(b) PC  – California's criminal street gang enhancement law.  ("(4) Any person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (A) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraph (B) or (C) of this paragraph. (B) Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55.")

36 See same.  ("(C) Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519; or threats to victims and witnesses, as defined in Section 136.1.")

37 See same.  ("(5) Except as provided in paragraph (4), any person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.") [This means that a defendant sentenced to life in prison with the California gang sentencing enhancement will not be parole eligible until he has actually served at least 15 years.]

38 Penal Code 186.22(d) PC – California's criminal street gang enhancement law.  ("(d) Any person who is convicted of a public offense punishable as a felony or a misdemeanor, which is committed for the benefit of, at the direction of or in association with, any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison for one, two, or three years, provided that any person sentenced to imprisonment in the county jail shall be imprisoned for a period not to exceed one year, but not less than 180 days, and shall not be eligible for release upon completion of sentence, parole, or any other basis, until he or she has served 180 days. If the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in a county jail.")

39 See same.

40 People v. Arroyas, (2002) 96 Cal.App.4th 1439, 1445.  ("While any felony may be punished under subdivision (b)(1) [of the criminal street gang enhancement law], subdivision (d) presents an option to punish a felony differently than provided by subdivision (b)(1), and also provides an option to punish gang-related misdemeanors more severely. Although subdivision (d) allows the court to impose felony punishment for a misdemeanor committed with a gang-related purpose, nothing in the statute or in its stated purposes suggests an intention of the people of this state to bootstrap subdivision (d) misdemeanors into subdivision (b)(1) felonies as a means of applying a double dose of harsher punishment.")

41 See same.

42 Penal Code 186.22(b) PC – California's criminal street gang enhancement law.  ("(2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1).")

43 See same.

44 Penal Code 186.22(g) PC – California's criminal street gang enhancement law.  ("(g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.")

45 Penal Code 654 PC – Offenses punishable in different ways by different provisions; double jeopardy; denial of probation [prevents the gang enhancement from being applied twice for the same act]. ("(a) An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.")

46 People v. Akins, (2007) 56 Cal.App.4th 331, 338-39. ("Section 654 provides that even though an act violates more than one statute and thus constitutes more than one crime, a defendant may not be punished multiple times for that single act. The "act" which invokes section 654 may be a continuous "'course of conduct' ... comprising an indivisible transaction ....""The divisibility of a course of conduct depends upon the intent and objective of the defendant.... [I]f the evidence discloses that a defendant entertained multiple criminal objectives which were independent of and not merely incidental to each other, the trial court may impose punishment [including the street gang sentencing enhancement] for independent violations committed in pursuit of each objective even though the violations shared common acts or were parts of an otherwise indivisible course of conduct.") (citations omitted)

47 Based on the facts of the same.

48 Penal Code 12022 PC -- Being armed with a firearm or personally using a dangerous or deadly weapon during the commission of a felony [may be charged along in lieu of the street gang sentencing enhancement].  ("(a)(1) Except as provided in subdivisions (c) and (d), any person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.")

49 Penal Code 12022.5 PC -- Personal use of firearms, assault weapons, or machine guns during the commission of a felony [may be charged along in lieu of the street gang sentencing enhancement].  ("(a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.")

50 Penal Code 12022.53 PC – California's 10-20-life law [may be applied along with California's street gang sentencing enhancement].  ("(a) This section applies to the following felonies: (1) Section 187 (murder). (2) Section 203 or 205 (mayhem). (3) Section 207, 209, or 209.5 (kidnapping). (4) Section 211 (robbery). (5) Section 215 (carjacking). (6) Section 220 (assault with intent to commit a specified felony). (7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter). (8) Section 261 or 262 (rape). (9) Section 264.1 (rape or sexual penetration in concert). (10) Section 286 (sodomy). (11) Section 288 or 288.5 (lewd act on a child). (12) Section 288a (oral copulation). (13) Section 289 (sexual penetration). (14) Section 4500 (assault by a life prisoner). (15) Section 4501 (assault by a prisoner). (16) Section 4503 (holding a hostage by a prisoner). (17) Any felony punishable by death or imprisonment in the state prison for life. (18) Any attempt to commit a crime listed in this subdivision other than an assault. (b) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply. (c) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years. (d) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.")

51 See same.

52 See same.  ("(e)(1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved: (A) The person violated subdivision (b) of Section 186.22. (B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d). (2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.")

53 See same.

54 Oakland criminal defense attorney Neil Shouse is the Managing Attorney of Shouse Law Group. He is a former Los Angeles County Deputy District Attorney, where he worked on complex, high profile gang, murder, and firearms cases. Now, Shouse has turned the inside knowledge he gained as a prosecutor into extraordinary expertise in criminal defense law . . . thanks to which he frequently appears as a guest legal commentator on national television. He appears in criminal court defending clients throughout the Bay Area and the rest of California.

55 CALCRIM 1400 – Active Participation in Criminal Street Gang, endnote 7, above.

56 CALCRIM 1401 – Felony or Misdemeanor Committed for Benefit of Criminal Street Gang [gang sentencing enhancement], endnote 25, above.

57 Penal Code 186.22(g) PC – California's criminal street gang enhancement law, endnote 44, above.

58 Sara Lynn Van Hofwegen, "Unjust and Ineffective: A Critical Look at California's STEP Act," 18 Southern California Interdisciplinary Law Journal 679 (2009).

59 United States v. Matthews, 312 F.3d 652 (5th Cir. 2002), cert. denied, 538 U.S. 938

(2003) (upholding a penalty enhancement based on convictions for his sentences for convictions of carjacking and conspiracy to commit carjacking, where the facts serving as the basis of the Criminal Street Gangs statute were charged in the indictment, submitted to a jury, and proven beyond a reasonable doubt).  The Matthews court was applying Apprendi v. New Jersey 530 U.S. 466 (2000), in which the Supreme Court held that other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.

See also, Jennifer E. Fleming, Your Honor, I Seen Him with That Gang: The Constitutionality of the Federal Criminal Street Gang Statute in the Wake of Apprendi v. New Jersey, 18 Wm. & Mary Bill Rts. J. 249 (2009).

OFF THE WIRE
BEWARE OF THIS PRICK, LYING FUCKING POSER,CON ARTIST PIECE OF SHIT!!!
SPRINGFIELD, Mo. – John F. Wood, United States Attorney for the
Western District of Missouri, announced that a Huntington, W. Va., man
was sentenced in federal court today for defrauding businesses - including a
Richland, Mo., business - who paid nearly $250,000 to be NASCAR
sponsors.
Michael L. Leffingwell, 36, of Huntington, was sentenced by U.S. District
Judge Richard E. Dorr this morning to three years in federal prison without
parole. The court also ordered Leffingwell to pay $249,900 in restitution.
"This occasional NASCAR driver falsely portrayed himself as a successful
professional, and took advantage of the sport’s popularity to defraud
numerous businesses," Wood said. "Today he is being held accountable for
his deceit."
On Nov. 27, 2006, Leffingwell pleaded guilty to wire fraud and to failure to
appear in court.
Leffingwell is a construction worker who received NASCAR event
credentials to race in NASCAR events only four times from September 2001
to July 2005. Using his occasional and minor affiliation with NASCAR,
Leffingwell represented to various companies that he would advertise their
products on his race vehicle, sell merchandise featuring the company that
advertised, and display the company's products at NASCAR events.
Leffingwell would receive an advance payment with the assurance that over
the course of the race season and at specified times, the companies would
get all the initial outlay and more back in return. Leffingwell never raced an
entire season, and only in one year participated in more than one race in a
season. Leffingwell received the monies but never carried out his promises.
Leffingwell admitted to defrauding more than 10 victims by similar
schemes. Only one victim - Playcraft Boats - is in the Western District of
Missouri and is the subject of the federal indictment. Playcraft Boats lost
$40,000 in the fraud scheme, while the total loss by all the victims is more
than $249,900.
Leffingwell, representing himself to be a NASCAR race driver, contacted
Joe Dorris, president of Playcraft Boats, on April 2, 2002. Leffingwell told
Dorris that he had a trucking company, a complete race team, several race
trucks, a pit crew, show trucks, a merchandise trailer, and a large tractor
trailer that hauled his equipment to each race. Leffingwell told Dorris that
for $40,000 he would advertise Playcraft Boats at the races by putting their
logo on the race trucks and transporting vehicles. Additionally, he stated that
he would sell merchandise at the races with the Playcraft Boats logo.
Leffingwell promised to send Dorris a check in the amount of $2,000 after
each race, for 23 remaining races that season, for a total of $46,000. These
representations by Leffingwell were false and misleading.
Dorris contacted Leffingwell numerous times to ask that he refund his
money. Leffingwell never advertised with the Playcraft Boats logo, nor
would he have had the means to do so as he had represented.
Leffingwell's case was set for a plea of guilty on Aug. 25, 2006, but
Leffingwell failed to appear and a warrant was issued for his arrest.
Leffingwell spoke to his supervising pretrial services officer several times
and promised that he would turn himself in. He did not do so, but was
arrested in West Virginia on Sept.12, 2006.
This case was prosecuted by Assistant U.S. Attorney Richard E. Monroe. It
was investigated by the U.S. Postal Inspection Service.
http://joplin.com/news/2007/apr/13/west-virginia-man-sentenced-250000-
nascar-related-/

OFF THE WIRE
THESE ARE 10 RULES OF BIKER ETIQUETTE YOU WOULD ASSUME ARE COMMON SENSE, BUT YOU WOULD BE SURPRISED ON HOW MANY PEOPLE OVER LOOK THEM.
• Learn the proper way to introduce your self. Remember if your wearing a patch on your back, your representing your entire club. Make sure you do it right.
Club name – Road name – City of Origin
If your a prospective member it’s:
Club name – Prospect – Road name – City of Origin
• If it’s not YOUR bike in the parking lot, don’t sit on it or touch it.
• Keep your hands off another persons patch. That includes when your greeting a fellow biker. If you absolutely have to touch their back. Touch their shoulder area where you clear the patches. Remember these people likely went through all kinds of hell earning those patches, so show some respect. The only person allowed to touch them is the person wearing them and the brothers they share patches with.
• Don’t interrupt a conversation amongst biker brothers. Unless your invited into the conversation your not welcome. Mind your own business and go about your way.
• Respect ol ladies. How would you feel if some one flirted with or spoke rudely to your better half. This only leads to a bad path you do not want to be at the end of.
• If you bump into a fellow biker do the respectful thing and admit its your bad. If you ignore it and continue walking they have no choice but to consider it a sign of disrespect.
• Don’t go starting fights in a bar. Why do you think the bars are banning colors? I’m not saying let anyone disrespect you, but be smart about it and don’t be the one picking fights. Your ruining it for everyone.
• Don’t cut into the middle of a pack of riders for ANY REASON! If merging from or onto the freeway, slow down, and fall in behind. Hauling ass and passing another patched member is a sign of disrespect.
• Don’t pass anyone in their own lane, because now your really asking for it. Not only is it illegal, they may “accidentally” stick out a boot and send you off the road.

• If you don’t know the fellow biker riding in front of you, don’t pull up beside them with out an invitation. They will automatically assume you’re up to no good, and react.

OFF THE WIRE
Before a person can begin to understand the importance of an Outlaw Motorcycle Club (OMCs), they must understand what that is. An Outlaw Motorcycle Club is a very unique societyof very few men who choose to be a part of something bigger than themselves and a brotherhood beyond any that cannot be found elsewhere. Its origin and structure evolved from the Military many years ago, utilizing the leadership structure and rank system. Furthermore, there is a very unique few who make up the 1% er Outlaw Motorcycle Club community. Clubs such as the Bandidos, Hells Angels, Outlaws, Pagans, Mongols, and Sons of Silence are all a part of the 1%er Motorcycle Club community. The 1 % er designation was labeled by the AMA (American Motorcycle Association) back in 1947 in a statement they wrote for their magazine, stating that 99% of motorcycle riders were law abiding citizens and that only 1% were criminals (“AMA 1947”).
          The earliest form of Outlaw was Jesus Christ himself, it’s because Jesus didn’t fit into           the religious mold, or the government mold like the other 99% of society. Jesus and               his followers were the 1% that didn’t “bow down” to the worlds ways. They were in               the world, but not of the world.  Jesus was an outlaw, but he was not a criminal.                       Being an “outlaw” doesn’t mean you are a criminal; it just means you don’t conform             to the world system or its leaders and its officers. (Ridenour)
Many people will disagree with the importance of Outlaw Motorcycle Clubs. This is largely due to the lack of understanding and positive exposure to what these clubs do for our communities and some will dispute the negative claims while maintaining the integrity of their beliefs of the OMCs.
        Outlaw Motorcycle Clubs date as far back as post World War II era when soldiers came home longing for continued brotherhood. They have always played a major role in urban cities social culture. Their existence, although grotesque to some, has always served their communities in a positive light. The actions of individuals at times are spotlighted by the media, which often is government driven, to gain support for banning identifying patches (also known as colors) of the OMCs. For example, the U.S.’s ATF agency tried to ban the Mongols Motorcycle Club’s patches in 2013. However, it would have broken the First Amendment rights of the club (Girardot).  The Government wanted to ban the club from being able to wear their patches publically, due to a few incidents of select individuals who are most likely not in the club anymore, since Clubs often police their own. OMCs all follow strict guidelines or bylaws which consist of their rules and regulations. If a member disobeys these rules, they can be punished by being stripped of their patches then banned from the club. It is possible the Government is afraid of these clubs around the U.S., because of their open display of unity and commitment. They are men willing to stand their ground, even against the court system, to fight for rights, as a whole. These men are veterans, fathers, husbands, brothers, sons, and uncles. The rights they fight to protect are the same rights that affect non club members, other motorcycle riders, as well as, the general public.
      There are many positive examples of these OMCs, that many only see in a negative light.One such positive example was the Hells Angels Toy run of 2015, where the club gathered funds that had been raised throughout the year to purchase a large number of bicycles (“Hells Angels Toys 2015”). They waited in line at Walmart for 5 days to catch the Black Friday sale and bought every bike in stock, roughly 200 bikes, in order to give bicycles to children whose families were too poor to purchase them themselves. Acts like this one can be seen throughout the United States by clubs of all levels. Clubs range from Christian Clubs, Veteran Clubs, Support Clubs, and OMC’s. All of which contain some of the biggest-hearted men and women one could ever meet. These are the types of people who manage fundraisers for burn victims, families who have lost their homes, children with special needs, and even the elderly.
        Make no mistake, these Clubs are not the Boy Scouts; they abide by a strict code and rules of the road protocol (Devereaux). At times incidents can occur by the acts of individuals that belong to these organizations. These incidents are often made to be more serious than they really are, and some are no worse than the crimes committed by the arresting authority or an average civilian. On May 17th of 2015 in Waco, Texas, men and woman from all clubs throughout the state of Texas gathered for a Coalition of Clubs meeting, which is to educate riders both independent and Patch holders within clubs of current laws and policies that may or may not affect them. It is also a social gathering amongst riders, and information is commonly shared about upcoming events and benefits. On this day, shots rang out, leaving nine people dead and another eighteen wounded. According to Brian Doherty, who writes for GQ, a grand total of 177 individuals were wrongfully arrested. To this day, it has yet to be proven that the gunfight that broke out started with shots fired from club members, and no police officer has been charged with illegitimate arrest or excessive force. Reports indicate that the first couple of shots were small arms fire, and the rest that followed were all automatic weapons, but no one has been able to identify the first shooter (Doherty). Everyone present that day was arrested, including both civilians and members of Motorcycle Ministries, all of which are innocent and spent a great deal of time in jail with extremely high bails. An interview was conducted by KXANS Brian Collister with Bandido Jimmy Graves, who is the Coalition of Clubs President in Waco, where he expressed the Bandidos recognize and respect law enforcement for doing their job, that they do not condone the violence portrayed upon them (“Bandidos”).  “To get the story crooked is to understand that the “straightness” of any story is a rhetorical invention: a story told from a particular perspective, informed by specific trainings told for a particular reason, to serve particular purposes. History is at best a reasoned report on the documented sources of the past” (Kellner 18).

        Members of Outlaw Motorcycle Clubs are professionals; they may not look like professionals by some individuals’ standards, because they are bikers. Despite the positive actions of club members, the media still portrays them in a negative light by focusing on the bad behavior of a few; for this reason alone, bad behavior and negative publicity is not condoned by clubs or members. The 1%er clubs often police the activities of the clubs within their area to ensure they are “behaving” accordingly and following protocol within the community of clubs. If they do not do this, then there is the possibility of individuals creating negative chaos in the area in which they reside, causing the local law enforcement to crack down on all bikers and provoke unlawful use of force. In turn, the 1%er Outlaw Motorcycle Clubs are protecting the local community in which they reside by protecting all bikers and keeping the negative activities to a minimum. If more individuals would spend time amongst these men, they would see, with their own eyes, the good they do for the community, and all of the charity events along with donations raised to help people in need. They would also see the love and the brotherhood shared by the members of these Clubs as well as the bonds from club to club. These men are the kind of men filled with passion to fight to make things like brotherhood and sisterhood possible by protecting an individual’s rights and protecting people in need, helping friends and strangers alike, standing tall for freedom, love, loyalty, respect, and trust. In which they believe, in a very powerful and sometimes intimidating force. Similar to a battalion of soldiers on the battlefield who have gone to fight and protect what they believe to be right. While protecting these rights, they provide a blanket of freedom for others to sleep under. A positive impression from an experience in this community could help to spread a positive influence throughout our society. This influence would encourage society to stand together to help others in need, even those who are members of Outlaw Motorcycle Clubs.

OFF THE WIRE
Charlie Ridgely
Kurt Sutter brought Sons Of Anarchy to life in the fall of 2008, and the show became an immediate hit for FX. In fact, the biker drama became the networks highest-rated show in its history.
The creator is looking to strike gold again this year, with the SOA spin-off series Mayans MC. This show will take place after Sons Of Anarchy ended, and follow the Mayans Motorcycle Club - a former rival of the Sons.
In order to carry the magic over from one series to another, Sutter needed to bridge the gap between worlds. Something, or someone, is needed to get fans of the original show invested in the spin-off, as well as help the story keep continuity from one series to another.

This is where Emilio Rivera comes in.
The actor played Mayan founder Marcus Alvarez for all seven seasons of Sons Of Anarchy, and instantly became beloved by fans of the series. While he hasn't been officially revealed as a part of Mayans MC, Sutter recently said that Alvarez is the entire connection between the two shows.
During an interview with Desde Hollywood, Sutter began talking about Rivera's role on Sons. After singing his praises, and revealing what a talented and humble actor Rivera is - the creator went on to explain Rivera is so vital to making Mayans MC run smoothly.
"When this other project was coming up with the Mayans; he's my linchpin in fusing these two mythologies. It's so great to be able to work with him again, and be around that energy, because it reminds me that this is why we do what we do."
Rivera's character is one fans are familiar with, so it makes sense to utilize him in the next series. But, it doesn't look like that was Sutter's only reason.
Emilio Rivera is not only a talented actor, but a great guy to be around. If you had that kind of talent in your inner-circle, why wouldn't you want to utilize it?

Philip a.k.a Screwdriver
Countermeasures Division
strokerz383@gmail.com
or phone
(760)-207-2965


Bill Kennedy
760-967-5883
http://www.kennedyscustomcycles.com/

OFF THE WIRE

• Written by  Belt Drive Betty
• I write this article with respect to all and to help educate those who want to understand a little of the MC world.  My knowledge is most likely not complete as I am female and not privy to several things in the male only MC world, but what I have learned and know to be true is what I am sharing with you today. Please visit the links I provide to further educate yourself.

   As long as there are people, this world will always be a place filled with ego, hidden agendas and subterfuge and on the other side, honesty, integrity and loyalty. 
  There are good cops who do their jobs with integrity just as there are bad ones.  There are good priests who don't go around molesting young boys just as there are those who do harm.  There are good politicians who truly want to make a positive difference and others who lie and manipulate, cheat and steal.  There are good bikers, riders and enthusiasts who just want to ride and do good and there are those who do bad and also ride.
  
  In the cruising-touring segment of the motorcycle community there are so many political mine fields to walk through, largely due to the mis-information doled out by the police, the main stream media and the people involved in the motorcycle clubs.
  
  Our community has grown so fast, here in Canada, in 2003 there were 350,000 registered for highway use motorcycles, that number in 2013 was just over 700,000.
  
  With that growth comes ignorance of our culture and traditions. And no, I am not being demeaning.
  It is up to the "Old Guard" to teach the young ones, the new ones and remind the returning ones, how the motorcycle community is structured and why.
  
  There used to be a time when I could walk into any biker rally and by scanning the patches of the people around me, I knew who was who and where I wanted to be.  Not so today.  Today our patches and colours have a diluted hierarchy, a muddying of the colours so to speak.  And that alone is enough to cause tension. We have laws and bylaws that see patch holders forced to remove their cut in order to go into a drinking establishment or licensed event.  Now you really are in a mine field.
  
  We are human and as such, many of us seek others of like mind to share the connection the ride provides.
  
  Many who are drawn to the motorcycle community are "A" type personalities, independent thinkers and consequently we often times don't play well with others.  Hence, almost every day of the week a new club is springing up or one is shutting down, generally over disagreements on how a club should be run or by a dominant who will not allow a certain cut to be present.
  
  My article yesterday on my time with the Snow City Crew of the Iron Order Motorcycle Club has stirred some controversy, mostly from members of other MC's in the US and Ontario.  These people accuse the Iron Order MC of being a cop club, and with the recent shooting of a Black Piston's MC  patch holder by a prospect of the IO MC, well let's just say things in the US look set to get real ugly.
  
  The Black Pistons MC is a support club of the Outlaws MC.
  
  Let's get a little bit of a history lesson going on here...
  
  Motorcycles have been embraced by people of all walks of life, including women, since their inception, but our community experienced a huge shift and growth after World War II.
  Not unlike the one it has seen in the last ten years.
  
  You hear the term "Brotherhood" used a lot in the community, but many don't understand the term, at least not fully and not as it is uniquely meant in our community.
  
  Many men returning from the war after serving in combat units that were tight knit brotherhoods came home and felt like islands.  No one in the civilian world could relate to them and the horrors they saw and sometimes committed in the name of war.  After all no one in the civilian world had ever relied upon another man to have his back and keep him safe.  No one in the civilian world had experienced the deep fear, the deep gratitude and the deep sorrow of war in the way these men had, so how could they understand them?
  
  Not unlike our soldiers today, these men, many of them suffered from what we now call Post Traumatic Stress Disorder.
  
  They grew up in a time when men didn't complain, they didn't share their emotions much and no one recognized PTSD for what it was.  The only people they were comfortable with were those that they didn't have to explain anything to - their fellow soldier.  Many of the original "Outlaw" Clubs were founded by ex service men and ex police officers. They do after all share a similar "Brotherhood" in their jobs.  The man on the battlefield that does not put his brother before himself was considered a coward and generally didn't last long in combat.  Your very life relied on the man behind you, beside you and in front of you.  You ate together, worked together and protected each other in ways your own biological family members would never dream of, hence the term "Brotherhood".
  
  Many of these men of like mind and experience also self medicated by partying, to put themselves as far away from the horrors and nightmares as they could.  We see the same issues today.
  
  The infamous Hollister riot of July 4th 1947 is what gave rise to the term 1% Outlaw Biker.
  According to history, the Gypsy Tour Motorcycle Rally Revival event, an AMA sanctioned event saw way more bikers than in years preceding the war. The small 4,500 person town was swelled to over flowing and as happens with large groups of intoxicated people, their were fights, drunk riders stunting and racing, people sleeping on the streets and anywhere they could lay their head down as there was a huge shortage of accommodations.
  
  The AMA was erroneously attributed with the following statement that many believe is the beginning of the term 1% and Outlaw being used in our community:
  "The trouble was caused by the one per cent deviant that tarnishes the public image of both motorcycles and motorcyclists" and that the other ninety-nine per cent of motorcyclists are good, decent, law-abiding citizens."
  
  Nontheless that is the Urban myth about how Outlaws MC's and 1%ers got their name.

  The truth is that many of these men formed clubs after this event in retaliation to the way the AMA treated them and their hard partying ways.
  
  Traditional MC's that are sanctioned by the AMA or CMA here in Canada sometimes sport a three piece patch and are law abiding clubs.  In the 1980's many clubs did choose to sew their top and bottom rockers to their center patch to differentiate themselves and some adopted MCC as part of their name, while others kept the MC.  Many AMA sanctioned MC's are actually racing clubs....
  

  
  

  The Yonkers MC is the Oldest known MC formed in 1903, they started as a bicycle club.  

  They are what is termed a Traditional MC: Wear a three piece patch, are AMA Sanctioned, a men's only club, the adhere to a strict code of conduct. It is not clear if they require a prospecting phase.

  The 13 Rebels Motorcycle Club is another one of the oldest MC's around, founded in 1937 and was founded by 13 top AMA racers, again, wears a one piece patch, AMA sanctioned and men only.  Their moto is: "Not to bully the weak. Not to fear the powerful." They adhere to a strict code of conduct. Although they wear a one piece patch, their code is similar to that of the traditional 3 piece patch clubs.

  Another MC sanctioned by the AMA is the Wingmen who have been around since the late 70'S

  http://www.9339mc.com/index.html, they wear a three piece patch, have a strict code of conduct and require a prospecting phase.

  Confused yet?

  MOST but not all Outlaw motorcycle clubs started out as motorcycle clubs with a drinking/partying problem.  They simply wanted to have what they deemed to be fun.

  The Boozefighters MC were founded by "Wino" Willie Forkner after he was ousted from the 13 Rebels MC for his rowdy ways.  They were formed in 1946 and started with the philosophy of Ride, Party & Brotherhood.  There in lie the major differences in the Traditional AMA sanctioned MC's and  the non AMA sanctioned Outlaw MC's.

  Family oriented, but hard partying describes most Outlaw MC's, many consider themselves to be basically law abiding but all will defend their families, their brotherhood and their country.

  What ties these clubs together under the banner of Outlaw is their prospecting period. YOU EARN your patch, you don't just buy it.  The patch is club property and it is a privilege to wear it and the responsibility of every prospect and patch holder to protect that property.  

  These types of clubs seldom if ever claim a territory.

  1%er MC's are yet again different. They not only wear the three piece patch and have a prospecting phase, but they generally sport the 1% diamond on their chest. Not only are these MC's not sanctioned by the AMA but they claim territory.  

  The Outlaws MC were formed in 1935 originally as the American Outlaws Association

  The Hells Angels MC were formed in 1948 

  The Bandidos MC were formed in 1966 

  NOT ALL Outlaw Clubs are 1% Clubs, but all 1% Clubs ARE Outlaw Clubs.

  So now that we have a little bit of history on who and how Outlaw MC's are and came to be, and you are thoroughly confused - let's get on with the Iron Order MC controversy.

  It is my understanding that the 1% MC world resents the Iron Order for primarily two things: 

  1) not asking permission to exist from the dominant clubs and not following CoC Protocols especially since they are not AMA sanctioned.

  2) they are considered by many a cop club because they allow law enforcement officers as members if they can pass the prospecting phase and one of their founding members was a cop.

  There are deep rivalries and hatreds in the US in particular when it comes to this MC and they were not made any better by the shooting in Jacksonville that took place last week.

  The entire Outlaw MC world is a mine field.

  Many Veteran's MC's are Outlaw MC's that have a prospecting phase and allow police officers in their fold.

  Many Police MC's are Outlaw MC's in that they require a prospecting phase and sport a three piece patch and some of those MC's have been known to conduct themselves as if they were 1% clubs.

  Our community is fraught with politics and pressure from the outside and the inside.

  The fighting amongst the MC's can turn deadly in a heart beat and remember, many of the people drawn to these types of clubs have military, police and fire fighting backgrounds and generally the muscle to back up their point when in an altercation.  

  You do not have to be a "criminal" club to get caught up in the worst of situations, you do that by putting that patch on your back.  Even when you ask permission of a local dominant and get it, that doesn't mean that when you travel you have the right to wear your patch in their territory,  or so I am told.

  Many clubs that have started in the last 10 years or so have not followed the protocols of going to the dominant of their region before sporting their cut, some because they didn't know that was protocol (there's that whole education thing) and some because they do not believe that in the land of the Free, the home of the Brave, that they should have to.  That is because many of them have military or police service time in their background and feel they fought for their right to be who and what they are.  Some clubs don't agree with that mind set.

  Their argument is who did the Hells Angels, the Bandidos, the Rebels, the Outlaws or any other club pre 1988 ask permission of for their right to exist?

  The CoC that set out the protocols was founded in 1988, in Canada they are the Ontario Confederation of Clubs and in the US - NCOM National Coalition of Clubs 

  That causes tension, like it or not.

  If you choose to wear the cut of an Outlaw Club, then you need to be prepared for the day when, not IF, you have to defend that cut and your brothers and yes, that can mean with your life.

  If you are what is termed a Law Abiding MC, that means little if a member from a territorial club resents your presence and decides to "handle" things.  

  This is a man's world, one where violence is justified as protection of one's patch, brother and territory first and foremost.  All men on both sides of the fence swear an oath to their club and their brothers.  And whether any of them get the irony of it all or not, they will all die to defend what they believe in.

  The irony of the situation from a female's perspective is that they are separated by so little.

  They have far more in common than they might think, but grudges, personalities and other forms of rivalry abound.

  They all believe in Freedom, Brotherhood, Family, Loyalty, Integrity.  They all EARN their patches, and they are all rebelling against society and its structure in one way or another. And yet, so many can't stand each other.

  It is not a world for the faint of heart.  It can get ugly. Very ugly.  But no matter who I have ever talked to be they Outlaw MC or 1% MC member, they all feel the same way, their membership in the club of their choice is as essential to them and their lives as breathing is for the rest of us.

  The rivalry, the angst, the political issues aside, every man I have ever met that has taken the steps to hang around, prospect and ultimately become a patch holder says the club has changed their life and given them something that was missing in their lives.

  There are many who THINK they seek that kind of brotherhood. There are few who make the grade.  

  And that my friends is what I know about the MC world.

  Have a safe day...

  Belt Drive Betty

  Editor & Rider

OFF THE WIRE
So... You Wanna Be An "MC"
The process, as viewed by a 3-piece Patch Holder
(RoadRage, 2017)
Let me start out by saying that in no way, shape or form is this meant to infringe upon any personal freedoms, rights or even your desires as human beings that were fortunate enough to have found yourselves living in the greatest society on Earth, the United States of America. This was not written to tear down any personal credos of “Ride Free” or to regulate you in any way. This is meant to EDUCATE, not REGULATE.

The simple truths that are written herein were once known by all in the MC (Motorcycle Club) Community. They were a part of what characterized and upon which most individual club’s bylaws were constructed, as well as being engrained in the belief system of every one of those club’s members. The “Old School” bikers can surely attest to this.

The MC world is one that is founded upon FREEDOM and held together through RESPECT. It is critical that both of these cornerstones be regarded as equally important, within the MC Community, in order to ensure the peaceful coexistence of such a vastly diverse sub-set of society.

This unique culture, with its many “Colors,” is represented by everything from the “1% Outlaw Biker Clubs” at one end of the spectrum to the “Christian Biker Clubs” at the other end and just about everything you can think of in between. The only things that are always present in every club are, of course an undying love for riding motorcycles (that’s pretty much a given) and the two fundamentals mentioned above, the unwavering desire for Freedom and the absolute necessity of Respect.

Bear in mind, all of this is written with regard to MCs. Not your everyday Joe Independents, average citizens who have no clue as to the inner workings of our part of society, nor those RUBs that one day decided to buy everything brand new from the bike to the jacket, helmet, chaps, tassels, gloves, pant stirrups and vests with way too many brand new, stupid looking patches on them. Now, to avoid sounding hypocritical, let me also state that all of those “Motorcycle Enthusiasts” have every right to enjoy the freedom of the road and deserve the right to earn their own portion of respect, as much as we in the MC Community do. But for the purposes of this writing, they are in fact excluded.

To continue speaking on the fundamentals of Freedom and Respect, it’s important to realize that, in a perfect world, everyone would be free to do whatever they wanted when, where and however they pleased. While this sounds great it brings with it another set of problems. For instance, there is the fact that one man’s exercising of his unrestrained freedom will almost always infringe upon another man’s freedom and inherently bring with it a measure of disrespect.

So… while the ideal of Freedom is pure, the reality of freedom is only able to be implemented when tempered with respect. Again, in the setting of our imaginary perfect world, we would like to assume that this measure of respect would be common knowledge among the members of this particular sub-set of society. Almost an unwritten “Code Of Respect” somewhat akin to the, no longer recognized, “Rules Of The Road” that all motorists used to know and abide by “back in the day.”

In the heart of every Biker burns a fire stoked by their desire for and expression of their personal freedoms. For “Patch Holders” of established MCs, it is not a wildfire that is left to burn out of control, this fire is contained with a ring of respect. Respect for their patch/club, respect for other patches/clubs and perhaps most importantly, respect for themselves. Freedom expressed without respect can be a dangerous thing. Respect is not easily attained and it is always earned, not given or even taken.

“Patch Holders” of well known, established MCs have, by the very fact that they are wearing a “Full Patch,” EARNED a measure of respect from the other members of the MC Community. That respect is, in a sense, automatically bestowed upon the patch holder because of the community’s belief in and the history of the known, established and respected club that “patched out” that particular member. Without the foreknowledge of and respect for the club issuing the patch, the patch holder would have earned no respect within the MC community.

When you decide to exercise your personal freedoms by starting up a club because you just “want to do things your way” or you “can’t seem to find a club that you can commit yourself to because of this or that” or whatever your particular reason for starting up your own club may be… This situation is known as a “Pop Up Club.” While starting up a new club, in and of itself, is not necessarily a bad idea… Doing it the wrong way, the disrespectful way, is ALWAYS A BAD IDEA.

Most “Pop Up Clubs” are started by founding members that have very limited experience with the MC world and the inner workings of it, or it’s unwritten “Code of Respect” that MCs are expected to govern themselves and their members by. This is usually because they either didn’t want to have to go through the “prospect” period required by all legitimate MCs or they unknowingly believe “it’s just that easy” to design and sew on a cool looking patch and viola… they are an MC.

In very few cases have “Pop Up Clubs” been formed with the knowledge that their actions were disrespectful to each and every patch holder of every MC, that had to earn that full patch through a prospecting period. But much like the laws of the land state… ignorance is no excuse. To simply put a “Cut” on and call yourself a full patched member of an MC without having EARNED that right, having prospected and proven that you understand the way the MC Community works and that you understand “Protocol” and respect… is so insulting that you might as well have spit on and slapped the face of every member of every MC in your community. This is NOT an exaggeration by any means.

How would a pop up club’s sewing on of some patches, assigning some officers and calling themselves an MC be any different than any other group of untrained people joining a particular subset of society and believing themselves to be automatically equal? Would you consider putting on a uniform and calling yourself a US Marine without having gone through basic training? Would you put on a smock and begin to practice medicine without having gone through med school? How likely are you to throw on a helmet and a turnout coat then run into a burning building to fight a raging fire without having completed the “probie” portion of the fire academy? Would it not be considered an insult for you to call yourself a journeyman carpenter without having completed your apprenticeship?

The first thing that patch holders of respected MCs ask when they see a Pop Up Club is “why didn’t you just join an established MC?” Of course there are about as many viable answers to that question as there are ideas of the perfect motorcycle, but it is a valid question none the less. Yes, you have the right to disagree with the basic philosophy of each and every established MC in your community and can thereby feel compelled to start up your own version, one that will “do it the right way” or whatever you think you’ve figured out better than everyone else. But there is a right way and a wrong way to do so.

It has been my experience that most Pop Up Clubs do it the wrong way, the disrespectful way. If you start up a club and right from the beginning put on what is known as an “MC Cube” and / or separate your patch into a “3 piece patch” (with top rocker, center patch and bottom rocker not connected to each other) YOU HAVE DONE IT THE WRONG WAY, THE DISRESPECTFUL WAY!

If you “fly that patch” in front of the wrong people you may very well have yourself in more trouble than you ever expected your well intended expression of your personal freedom to have gotten you into. If you disrespect certain members of the MC world you will very strongly regret having done so, whether you knew that’s what you were doing or not. KNOW THE COMMUNITY YOU ARE TRYING TO JOIN AND EDUCATE YOURSELF ON THE THINGS YOU ARE EXPECTED TO DO, THE THINGS YOU ARE EXPECTED NOT TO DO AND THE CONSEQUENCES OF DOING THEM ANYWAY.

If you are still interested in starting up a new club rather than joining an already established one, respected by the MC Community, then here are some things that will help you do it the right way. DO NOT CALL YOURSELF AN “MC”… PERIOD! You have not EARNED the right to call yourself an MC nor have you or your founding members EARNED the right to call yourselves PATCH HOLDERS. PERIOD! Start your organization as a (SC) “Social Club” or a (RC) “Riding Club” or a (MSC) “Motorcycle Social Club.” Set your “Club” up much like an MC with rules / regulations / bylaws and all the rest of the organizational portion of the start up but DO NOT call it an MC. Show up to and introduce yourselves at local COC (Confederation Of Clubs) and similar meetings. Recruit new members through a proper prospecting period. Attend as many of the local MC events around your community as you can, showing support, getting yourself out there and noticed. Just make sure that what the community is noticing is your members acting appropriately (respectful) because believe it… YOU ARE BEING WATCHED and everything your members do is noticed.

It is during this initial period of your club, called something other than an MC, that you are actually “prospecting” your club to the MC community. There really is no getting around the prospect period. Since you felt you didn’t want to prospect for an existing club, your whole organization must now go through, for all intents and purposes, a prospecting period. There is no set time limit for your organization’s prospecting period, anymore than there is a standard amount of time for every individual MC’s prospects. That time is up to the individual or, in this case, club. How long does it take to earn respect? How long does it take to prove that you understand the way things are to work (Protocol)? It varies. But know this for certain… THERE IS NO ACCEPTANCE WITHOUT EARNING RESPECT.

Think about it. You are starting up a club, that one would assume will be heavily involved in the local MC Community… Why wouldn’t you want to have their acceptance and respect? This community isn’t for everyone. It has certain expectations that MUST be met. Do it the wrong way and… well… There’s just no telling what you might find out there on the road. Do it the right way and you might just be welcomed into OUR community. The choice is yours.

COMMENT
This isn’t little league, you just don’t show up and everyone gets a trophy. Very well written, protocols get over looked and by passed all the time for the sheer reason that none wants to do the ground work or feels intimidated to approach the big boys in the block (whoever that may be due to demographic) and respectfully request permission to set up shop. In most cases they are going to be surprised at the response they receive and the respect they get just from asking. I had a nice “3 piece” made up by children when I returned from deployment, nothing screamed MC on it, but due to my location in an MC heavy community, I made the rounds with vest in hand (I will not call it a cut, because it does not represent a club I ride for) just to say hey I’m back in the area and I’ll be wearing this, no objections and plenty of offers of to ride, whats better than that. You will find that most out there in the MC community are approachable, decent folks. It’s our lifestyle, there is a history behind it, that is part of what makes it great, the fact that people just don’t go running into every leather shop they come across and make their own stuff up. I appreciate the group of guys that get together on the weekends and ride together, but bikers they are not, a club they are not, some are smart enough, some are not. There are a group of individuals in NJ riding as the Sons of Anarchy MC New Jersey, first of all this is wrong by not being original, second by risking an a$$ kicking by wearing a make believe MC’s cut and acting like an MC. Third, by being LE and calling LE when approached, sorry, badges don’t apply in this world, MC rules apply…By all means I appreciate what you do to keep us safe, but enter the MC world and its MC rules, you can’t play both sides of the coin.

American Biker X Editorial Columns
The American Biker X Editorial I wrote an article a while back called "Why speak to the Motorcycle Clubs in your area before starting a new MC?" It was about why those wishing to start new Motorcycle Clubs should go and speak to those who have come before them. If you have not read the article look it up on my March 2009 archive page on NY-Biker.com

Since then, I've begun seeing and hearing some things that worry me. I have seen many groups popping up. Some of these groups have names like Lone Wolf or Independent Riders. While I suppose the names are meant to distance these groups from real Motorcycle Clubs, they still resemble legitimate clubs in the way they dress, and to a certain degree, the way they act.

Now I am sure some of you are saying "hey LJ these guys just want to do their own thing back off a bit, what really is the harm in what these guys are doing?" Well that's the Million dollar Question! Exactly what is the real harm? Let me see if I can explain how I see it.

If you put on a uniform, pinned on a badge and hung out at Dunkin Donuts you may look like and act like a cop but you would not be a real cop. When a real cop saw you, You would probaly be in a lot of trouble!

Now due to High Gas Prices, The Economy, and people waking up to the fact that riding a Motorcycle is one of the Greatest things in the world, the ranks of motorcycle riders have exploded. Many of these new riders see shows like Sons Of Anarchy, Gangland or movies like Hell Ride and think, "This is cool, I'm going to start a Club" even though they know nothing about Motorcycle Clubs or the Biker lifestyle.

Shows like Sons of Anarchy are a fictional dramatization of what a group of television writers think a Motorcycle Club is. Programs like Gangland claim to investigate 1%er Clubs. Their "investigation consists of looking up every little Crime members of a 30 year old Motorcycle Club have ever been accused of and then Squeeze all the Negative info about the MC into about 45 Minutes of air time.

The concern is that you have new and independent riders forming "Clubs" with no real knowledge of what it means to be a member of a Motorcycle Club. Some of these clubs are forming with only shows like SOA and Gangland as the model for what a Motorcycle Club should be.

Being a member of a Motorcycle Club is about Brotherhood, Loyalty, Respect, Freedom, and Honor. It's not about Drugs, Guns, and Biker Wars.

In the Motorcycle Club world you start off as either a prospect for an established Motorcycle Club or your new MC starts off as a Supporter of a established MC and they help to teach you what it truly means to be a Member of a Motorcycle Club.

It's like an artist taking on an apprentice and passing on what he has learned. The knowledge he passes on has been passed on down to him for Hundreds of Generations.

Now where the danger lies is the art being taught can be thousands of years old but, It only takes one generation of not passing the right information down and the art is lost forever!

With the creation of so many pseudo MC's, We risk a danger a lot worse than losing the art of what a Motorcycle Club is all about , We risk watching the Mutation of the World We all Love turned into something as ugly as the negative, hyped up TV Shows and movies we've all seen.

If your thinking about starting a Motorcycle Club or want to join one, start by talking to local Club members you see at events or contact established Clubs directly. Every MC has its own set of rules, etc, but if you're serious about becoming an MC or MC Member, you'll have no problem finding the situation that is right for you. As I said in the beginning, I have no problem with people starting their own Clubs. It's just that starting a Motorcycle Club is something that should be done the right way and not be taken lightly. Let us work together to Preserve the Heritage of the Motorcycle Club world and make it stronger, not destroy it.

I am Your Bro LJ James

AmericanBikerX.com

OFF THE WIRE
Police work by its very nature involves the slippery slope (the potential for gradual deterioration of social-moral inhibitions and perceived sense of permissibility for deviant conduct). In fact, the whole unspoken "dark" side of criminal justice work involves putting up with conditions that are at less than usual comfort levels; i.e., "slumming it".

  Police are routinely involved in undercover work which involves taking on false identities and inducing crime. Police are allowed to make false promises to hostage takers and kidnappers. Police feed disinformation to the media. Police are trained to be deceptive at interviewing and interrogation. Police make all kinds of excuses to get out of nuisance calls.  Police trade or sell their days off and desirable work assignments. Police angle themselves into cases requiring court appearances and manipulate the overtime system to earn an average of $5000 more a year. Police strain the truth to protect loved ones and crime victims. Police routinely invade privacy via surveillance and other technological means. Police fighting the drug problem may encounter more loose cash than the gross national product of some small countries. And as with sting operations, there's something that's just plain sick about a system that condones the police making a product, selling the product, and then arresting people for buying the product.

OFF THE WIRE
Engines Society - A site for speed enthusiasts
And if your a prospective member its your name prospect your club and always make sure you take your gloves off and sunglasses
THESE ARE 10 RULES OF BIKER ETIQUETTE YOU WOULD ASSUME ARE COMMON SENSE, BUT YOU WOULD BE SURPRISED ON HOW MANY PEOPLE OVER LOOK THEM.
• Learn the proper way to introduce your self. Remember if your wearing a patch on your back, your representing your entire club. Make sure you do it right.
Club name – Road name – City of Origin

If your a prospective member it’s:
Club name – Prospect – Road name – City of Origin
• If it’s not YOUR bike in the parking lot, don’t sit on it or touch it.
• Keep your hands off another persons patch. That includes when your greeting a fellow biker. If you absolutely have to touch their back. Touch their shoulder area where you clear the patches. Remember these people likely went through all kinds of hell earning those patches, so show some respect. The only person allowed to touch them is the person wearing them and the brothers they share patches with.
• Don’t interrupt a conversation amongst biker brothers. Unless your invited into the conversation your not welcome. Mind your own business and go about your way.
• Respect ol ladies. How would you feel if some one flirted with or spoke rudely to your better half. This only leads to a bad path you do not want to be at the end of.
• If you bump into a fellow biker do the respectful thing and admit its your bad. If you ignore it and continue walking they have no choice but to consider it a sign of disrespect.
• Don’t go starting fights in a bar. Why do you think the bars are banning colors? I’m not saying let anyone disrespect you, but be smart about it and don’t be the one picking fights. Your ruining it for everyone.
• Don’t cut into the middle of a pack of riders for ANY REASON! If merging from or onto the freeway, slow down, and fall in behind. Hauling ass and passing another patched member is a sign of disrespect.
• Don’t pass anyone in their own lane, because now your really asking for it. Not only is it illegal, they may “accidentally” stick out a boot and send you off the road.
• If you don’t know the fellow biker riding in front of you, don’t pull up beside them with out an invitation. They will automatically assume you’re up to no good, and react.

Source: Here

OFF THE WIRE
 Police work by its very nature involves the slippery slope (the potential for gradual deterioration of social-moral inhibitions and perceived sense of permissibility for deviant conduct). In fact, the whole unspoken "dark" side of criminal justice work involves putting up with conditions that are at less than usual comfort levels; i.e., "slumming it".

  Police are routinely involved in undercover work which involves taking on false identities and inducing crime. Police are allowed to make false promises to hostage takers and kidnappers. Police feed disinformation to the media. Police are trained to be deceptive at interviewing and interrogation. Police make all kinds of excuses to get out of nuisance calls.  Police trade or sell their days off and desirable work assignments. Police angle themselves into cases requiring court appearances and manipulate the overtime system to earn an average of $5000 more a year. Police strain the truth to protect loved ones and crime victims. Police routinely invade privacy via surveillance and other technological means. Police fighting the drug problem may encounter more loose cash than the gross national product of some small countries. And as with sting operations, there's something that's just plain sick about a system that condones the police making a product, selling the product, and then arresting people for buying the product.

OFF THE WIRE
GOVERNMENT CODE 
SECTION 6250-6270 

6250.  In enacting this chapter, the Legislature, mindful of the
right of individuals to privacy, finds and declares that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.

6251.  This chapter shall be known and may be cited as the
California Public Records Act.

6252.  As used in this chapter:
   (a) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
   (b) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
   (c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
   (d) "Public agency" means any state or local agency.
   (e) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
   (f) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
   (g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.

6252.5.  Notwithstanding the definition of "member of the public" in
Section 6252, an elected member or officer of any state or local
agency is entitled to access to public records of that agency on the
same basis as any other person. Nothing in this section shall limit
the ability of elected members or officers to access public records
permitted by law in the administration of their duties.
   This section does not constitute a change in, but is declaratory
of, existing law.

6252.6.  Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.

6252.7.  Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.

6253.  (a) Public records are open to inspection at all times during
the office hours of the state or local agency and every person has a
right to inspect any public record, except as hereafter provided.
Any reasonably segregable portion of a record shall be available for
inspection by any person requesting the record after deletion of the
portions that are exempted by law.
   (b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs of
duplication, or a statutory fee if applicable. Upon request, an
exact copy shall be provided unless impracticable to do so.
   (c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in this
section may be extended by written notice by the head of the agency
or his or her designee to the person making the request, setting
forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No notice shall specify a
date that would result in an extension for more than 14 days. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
   (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
   (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
   (3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
   (4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
   (d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
   (e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.

6253.1.  (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records, shall do all of the following, to the extent reasonable
under the circumstances:
   (1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
the request, if stated.
   (2) Describe the information technology and physical location in
which the records exist.
   (3) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
   (b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records.
   (c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
   (d) This section shall not apply to a request for public records
if any of the following applies:
   (1) The public agency makes available the requested records
pursuant to Section 6253.
   (2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
   (3) The public agency makes available an index of its records.

6253.2.  (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code, or services provided pursuant to
Section 14132.95, 14132.952, or 14132.956 of the Welfare and
Institutions Code, is not subject to public disclosure pursuant to
this chapter, except as provided in subdivision (b).
   (b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to Section 12301.6 or 12302.25
of the Welfare and Institutions Code or the In-Home Supportive
Services Employer-Employee Relations Act (Title 23 (commencing with
Section 110000)). This information shall not be used by the receiving
entity for any purpose other than the employee organizing,
representation, and assistance activities of the labor organization.
   (c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code), the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code, the In-Home Supportive Services Plus Option pursuant to Section
14132.952 of the Welfare and Institutions Code, or the Community
First Choice Option pursuant to Section 14132.956 of the Welfare and
Institutions Code.
   (d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations law.
   (e) This section shall be inoperative if the Coordinated Care
Initiative becomes inoperative pursuant to Section 34 of the act that
added this subdivision.


6253.2.  (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, is not subject
to public disclosure pursuant to this chapter, except as provided in
subdivision (b).
   (b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302.25 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
   (c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
   (d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
   (e) This section shall be operative only if Section 1 of the act
that added this subdivision becomes inoperative pursuant to
subdivision (e) of that Section 1.

6253.3.  A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.

6253.31.  Notwithstanding any contract term to the contrary, a
contract entered into by a state or local agency subject to this
chapter, including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.

6253.4.  (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
   The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
   Department of Motor Vehicles
   Department of Consumer Affairs
    Transportation Agency
   Bureau of Real Estate
   Department of Corrections and Rehabilitation
   Division of Juvenile Justice
   Department of Justice
   Department of Insurance
   Department of Business Oversight
   Department of Managed Health Care
   Secretary of State
   State Air Resources Board
   Department of Water Resources
   Department of Parks and Recreation
   San Francisco Bay Conservation and Development Commission
   State Board of Equalization
   State Department of Health Care Services
   Employment Development Department
   State Department of Public Health
   State Department of Social Services
   State Department of State Hospitals
   State Department of Developmental Services
   Public Employees' Retirement System
   Teachers' Retirement Board
   Department of Industrial Relations
   Department of General Services
   Department of Veterans Affairs
   Public Utilities Commission
   California Coastal Commission
   State Water Resources Control Board
   San Francisco Bay Area Rapid Transit District
   All regional water quality control boards
   Los Angeles County Air Pollution Control District
   Bay Area Air Pollution Control District
   Golden Gate Bridge, Highway and Transportation District
   Department of Toxic Substances Control
   Office of Environmental Health Hazard Assessment
   (b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.

6253.5.  Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
   If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
   (a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
   (b) As used in this section "proponents of the petition" means the
following:
   (1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
   (2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
   (3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
   (4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
   (5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
   (6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.

6253.6.  (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
   (b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).

6253.8.  (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
   (b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
   (1) The State Air Resources Board.
   (2) The California Integrated Waste Management Board.
   (3) The State Water Resources Control Board, and each California
regional water quality control board.
   (4) The Department of Pesticide Regulation.
   (5) The Department of Toxic Substances Control.
   (c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
   (2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
   (d) An order posted pursuant to this section shall be posted for
not less than one year.
   (e) The California Environmental Protection Agency shall oversee
the implementation of this section.
   (f) This section shall become operative April 1, 2001.

6253.9.  (a) Unless otherwise prohibited by law, any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
   (1) The agency shall make the information available in any
electronic format in which it holds the information.
   (2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
   (b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
   (1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
   (2) The request would require data compilation, extraction, or
programming to produce the record.
   (c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
   (d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
   (e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
   (f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
   (g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.

6254.  Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:
   (a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
   (b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
   (c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
   (d) Contained in or related to any of the following:
   (1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
   (2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
   (3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
   (4) Information received in confidence by any state agency
referred to in paragraph (1).
   (e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
   (f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
Office of Emergency Services and any state or local police agency, or
any investigatory or security files compiled by any other state or
local police agency, or any investigatory or security files compiled
by any other state or local agency for correctional, law enforcement,
or licensing purposes. However, state and local law enforcement
agencies shall disclose the names and addresses of persons involved
in, or witnesses other than confidential informants to, the incident,
the description of any property involved, the date, time, and
location of the incident, all diagrams, statements of the parties
involved in the incident, the statements of all witnesses, other than
confidential informants, to the victims of an incident, or an
authorized representative thereof, an insurance carrier against which
a claim has been or might be made, and any person suffering bodily
injury or property damage or loss, as the result of the incident
caused by arson, burglary, fire, explosion, larceny, robbery,
carjacking, vandalism, vehicle theft, or a crime as defined by
subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
   Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
   Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
   (1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
   (2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
   (3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
   (g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
   (h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
   (i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
   (j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
   (k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
   (l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
   (m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
   (n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
   (o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
   (p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
   (q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
   (2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
   (3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
   (r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
   (s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
   (t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
   (u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
   (2) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
   (3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
   (v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.3 (commencing with Section 12695), Part 6.5
(commencing with Section 12700), Part 6.6 (commencing with Section
12739.5), or Part 6.7 (commencing with Section 12739.70) of Division
2 of the Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division
9 of the Welfare and Institutions Code, and that reveal any of the
following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or the department
provides, receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, or Chapter 2 (commencing with Section 15810) or Chapter 4
(commencing with Section 15870) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, on or after July 1, 1991, shall be
open to inspection one year after their effective dates.
   (B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
   (w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
   (3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
   (x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
   (y) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.2 (commencing with Section 12693) or Part 6.4
(commencing with Section 12699.50) of Division 2 of the Insurance
Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code, if the records reveal any of the following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or department is considering a contract, or entities
with which the board or department is considering or enters into any
other arrangement under which the board or department provides,
receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code shall be open to inspection one year after their
effective dates.
   (B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Sections 14005.26 and 14005.27
of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of, the Welfare and Institutions Code, is amended, the
amendment shall be open to inspection one year after the effective
date of the amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
   (5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff, or the department or its staff, shall also
apply to the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
applicants pursuant to Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Chapter 3 (commencing with
Section 15850) of Part 3.3 of Division 9 of the Welfare and
Institutions Code.
   (z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
   (aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
   (ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
   (ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
   (ad) The following records of the State Compensation Insurance
Fund:
   (1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
   (2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
   (3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
   (4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
   (5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
   (B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
   (i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
   (ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
   (B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
   (B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
   (C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
   (E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
   (F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
   This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
   This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
6254.1.  (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
   (b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
   (c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.
6254.2.  (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
signs the affirmation specified in subdivision (h).
   (b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
   (c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
   (d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail.
   (e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice. The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determination by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
available to any person requesting information pursuant to
subdivision (a).
   (f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act.
   (g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
   (h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information:
                               AFFIRMATION OF STATUS
   This affirmation is required by Section 6254.2 of the Government
Code.
   I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code. I hereby
affirm all of the following statements:
   (1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
   (2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents.
   I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.

  ________________________ _________________________
  Name of Requester        Name of Requester's
                           Organization
  ________________________ _________________________
  Signature of Requester   Address of Requester
  _________ ______________ _________________________
  Date      Request No.    Telephone Number of
                           Requester
  ________________________
  Name, Address, and
  Telephone Number of
  Requester's Client, if
  the requester has
  requested access to the
  information on behalf
  of someone other than
  the requester or the
  requester's
  organization listed
  above.

   (i) Notwithstanding any other provision of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
   (j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
   (k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
   (l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
   For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
   (m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
   (n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.

6254.3.  (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
   (1) To an agent, or a family member of the individual to whom the
information pertains.
   (2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
   (3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
   (4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
   (b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.

6254.4.  (a) The home address, telephone number, e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
   (b) For purposes of this section, "home address" means street
address only, and does not include an individual's city or post
office address.
   (c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter registration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
   (d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.

6254.5.  Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
   This section, however, shall not apply to disclosures:
   (a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
   (b) Made through other legal proceedings or as otherwise required
by law.
   (c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
   (d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
   (e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
   (f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
   (g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
   (h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
   (i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6.  Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.

6254.7.  (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
   (b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
   (c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
   (d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
   (e) Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute trade
secrets as defined in subdivision (d), are public records. Data used
to calculate emission data are not emission data for the purposes of
this subdivision and data which constitute trade secrets and which
are used to calculate emission data are not public records.
   (f) Data used to calculate the costs of obtaining emissions
offsets are not public records. At the time that an air pollution
control district or air quality management district issues a permit
to construct to an applicant who is required to obtain offsets
pursuant to district rules and regulations, data obtained from the
applicant consisting of the year the offset transaction occurred, the
amount of offsets purchased, by pollutant, and the total cost, by
pollutant, of the offsets purchased is a public record. If an
application is denied, the data shall not be a public record.

6254.8.  Every employment contract between a state or local agency
and any public official or public employee is a public record which
is not subject to the provisions of Sections 6254 and 6255.

6254.9.  (a) Computer software developed by a state or local agency
is not itself a public record under this chapter. The agency may
sell, lease, or license the software for commercial or noncommercial
use.
   (b) As used in this section, "computer software" includes computer
mapping systems, computer programs, and computer graphics systems.
   (c) This section shall not be construed to create an implied
warranty on the part of the State of California or any local agency
for errors, omissions, or other defects in any computer software as
provided pursuant to this section.
   (d) Nothing in this section is intended to affect the public
record status of information merely because it is stored in a
computer. Public records stored in a computer shall be disclosed as
required by this chapter.
   (e) Nothing in this section is intended to limit any copyright
protections.

6254.10.  Nothing in this chapter requires disclosure of records
that relate to archaeological site information and reports maintained
by, or in the possession of, the Department of Parks and Recreation,
the State Historical Resources Commission, the State Lands
Commission, the Native American Heritage Commission, another state
agency, or a local agency, including the records that the agency
obtains through a consultation process between a California Native
American tribe and a state or local agency.

6254.11.  Nothing in this chapter requires the disclosure of records
that relate to volatile organic compounds or chemical substances
information received or compiled by an air pollution control officer
pursuant to Section 42303.2 of the Health and Safety Code.

6254.12.  Any information reported to the North American Securities
Administrators Association/National Association of Securities Dealers'
Central Registration Depository and compiled as disciplinary records
which are made available to the Department of Corporations through a
computer system, shall constitute a public record. Notwithstanding
any other provision of law, the Department of Corporations may
disclose that information and the current license status and the year
of issuance of the license of a broker-dealer upon written or oral
request pursuant to Section 25247 of the Corporations Code.

6254.13.  Notwithstanding Section 6254, upon the request of any
Member of the Legislature or upon request of the Governor or his or
her designee, test questions or materials that would be used to
administer an examination and are provided by the State Department of
Education and administered as part of a statewide testing program of
pupils enrolled in the public schools shall be disclosed to the
requester. These questions or materials may not include an individual
examination that has been administered to a pupil and scored. The
requester may not take physical possession of the questions or
materials, but may view the questions or materials at a location
selected by the department. Upon viewing this information, the
requester shall keep the materials that he or she has seen
confidential.

6254.14.  (a) (1) Except as provided in Sections 6254 and 6254.7,
nothing in this chapter shall be construed to require disclosure of
records of the Department of Corrections and Rehabilitation that
relate to health care services contract negotiations, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations, including, but not limited to,
records related to those negotiations such as meeting minutes,
research, work product, theories, or strategy of the department, or
its staff, or members of the California Medical Assistance
Commission, or its staff, who act in consultation with, or on behalf
of, the department.
   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health services entered into by the
Department of Corrections and Rehabilitation or the California
Medical Assistance Commission on or after July 1, 1993, shall be open
to inspection one year after they are fully executed. In the event
that a contract for health services that is entered into prior to
July 1, 1993, is amended on or after July 1, 1993, the amendment,
except for any portion containing rates of payment, shall be open to
inspection one year after it is fully executed.
   (3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, including, but not
limited to, Section 1060 of the Evidence Code, the entire contract
or amendment shall be open to inspection by the Joint Legislative
Audit Committee, the California State Auditor's Office, and the
Legislative Analyst's Office. The Joint Legislative Audit Committee,
the California State Auditor's Office, and the Legislative Analyst's
Office shall maintain the confidentiality of the contracts and
amendments until the contract or amendment is fully open to
inspection by the public.
   (5) It is the intent of the Legislature that confidentiality of
health care provider contracts, and of the contracting process as
provided in this subdivision, is intended to protect the competitive
nature of the negotiation process, and shall not affect public access
to other information relating to the delivery of health care
services.
   (b) The inspection authority and confidentiality requirements
established in subdivisions (q), (v), and (y) of Section 6254 for the
Legislative Audit Committee shall also apply to the California State
Auditor's Office and the Legislative Analyst's Office.

6254.15.  Nothing in this chapter shall be construed to require the
disclosure of records that are any of the following: corporate
financial records, corporate proprietary information including trade
secrets, and information relating to siting within the state
furnished to a government agency by a private company for the purpose
of permitting the agency to work with the company in retaining,
locating, or expanding a facility within California. Except as
provided below, incentives offered by state or local government
agencies, if any, shall be disclosed upon communication to the agency
or the public of a decision to stay, locate, relocate, or expand, by
a company, or upon application by that company to a governmental
agency for a general plan amendment, rezone, use permit, building
permit, or any other permit, whichever occurs first.
   The agency shall delete, prior to disclosure to the public,
information that is exempt pursuant to this section from any record
describing state or local incentives offered by an agency to a
private business to retain, locate, relocate, or expand the business
within California.

6254.16.  Nothing in this chapter shall be construed to require the
disclosure of the name, credit history, utility usage data, home
address, or telephone number of utility customers of local agencies,
except that disclosure of name, utility usage data, and the home
address of utility customers of local agencies shall be made
available upon request as follows:
   (a) To an agent or authorized family member of the person to whom
the information pertains.
   (b) To an officer or employee of another governmental agency when
necessary for the performance of its official duties.
   (c) Upon court order or the request of a law enforcement agency
relative to an ongoing investigation.
   (d) Upon determination by the local agency that the utility
customer who is the subject of the request has used utility services
in a manner inconsistent with applicable local utility usage
policies.
   (e) Upon determination by the local agency that the utility
customer who is the subject of the request is an elected or appointed
official with authority to determine the utility usage policies of
the local agency, provided that the home address of an appointed
official shall not be disclosed without his or her consent.
   (f) Upon determination by the local agency that the public
interest in disclosure of the information clearly outweighs the
public interest in nondisclosure.

6254.17.  (a) Nothing in this chapter shall be construed to require
disclosure of records of the California Victim Compensation and
Government Claims Board that relate to a request for assistance under
Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of
Division 3 of Title 2.
   (b) This section shall not apply to a disclosure of the following
information, if no information is disclosed that connects the
information to a specific victim, derivative victim, or applicant
under Article 1 (commencing with Section 13950) of Chapter 5 of Part
4 of Division 3 of Title 2:
   (1) The amount of money paid to a specific provider of services.
   (2) Summary data concerning the types of crimes for which
assistance is provided.

6254.18.  (a) Nothing in this chapter shall be construed to require
disclosure of any personal information received, collected, or
compiled by a public agency regarding the employees, volunteers,
board members, owners, partners, officers, or contractors of a
reproductive health services facility who have notified the public
agency pursuant to subdivision (d) if the personal information is
contained in a document that relates to the facility.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Contractor" means an individual or entity that contracts with
a reproductive health services facility for services related to
patient care.
   (2) "Personal information" means the following information related
to an individual that is maintained by a public agency: social
security number, physical description, home address, home telephone
number, statements of personal worth or personal financial data filed
pursuant to subdivision (n) of Section 6254, personal medical
history, employment history, electronic mail address, and information
that reveals any electronic network location or identity.
   (3) "Public agency" means all of the following:
   (A) The State Department of Health Care Services.
   (B) The Department of Consumer Affairs.
   (C) The Department of Managed Health Care.
   (D) The State Department of Public Health.
   (4) "Reproductive health services facility" means the office of a
licensed physician and surgeon whose specialty is family practice,
obstetrics, or gynecology, or a licensed clinic, where at least 50
percent of the patients of the physician or the clinic are provided
with family planning or abortion services.
   (c) Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to obtain access to employment history information
pursuant to Sections 6258 and 6259. If the court finds, based on the
facts of a particular case, that the public interest served by
disclosure of employment history information clearly outweighs the
public interest served by not disclosing the information, the court
shall order the officer or person charged with withholding the
information to disclose employment history information or show cause
why he or she should not do so pursuant to Section 6259.
   (d) In order for this section to apply to an individual who is an
employee, volunteer, board member, officer, or contractor of a
reproductive health services facility, the individual shall notify
the public agency to which his or her personal information is being
submitted or has been submitted that he or she falls within the
application of this section. The reproductive health services
facility shall retain a copy of all notifications submitted pursuant
to this section. This notification shall be valid if it complies with
all of the following:
   (1) Is on the official letterhead of the facility.
   (2) Is clearly separate from any other language present on the
same page and is executed by a signature that serves no other purpose
than to execute the notification.
   (3) Is signed and dated by both of the following:
   (A) The individual whose information is being submitted.
   (B) The executive officer or his or her designee of the
reproductive health services facility.
   (e) The privacy protections for personal information authorized
pursuant to this section shall be effective from the time of
notification pursuant to subdivision (d) until either one of the
following occurs:
   (1) Six months after the date of separation from a reproductive
health services facility for an individual who has served for not
more than one year as an employee, contractor, volunteer, board
member, or officer of the reproductive health services facility.
   (2) One year after the date of separation from a reproductive
health services facility for an individual who has served for more
than one year as an employee, contractor, volunteer, board member, or
officer of the reproductive health services facility.
   (f) Within 90 days of separation of an employee, contractor,
volunteer, board member, or officer of the reproductive health
services facility who has provided notice to a public agency pursuant
to subdivision (c), the facility shall provide notice of the
separation to the relevant agency or agencies.
   (g) Nothing in this section shall prevent the disclosure by a
government agency of data regarding age, race, ethnicity, national
origin, or gender of individuals whose personal information is
protected pursuant to this section, so long as the data contains no
individually identifiable information.

6254.19.  Nothing in this chapter shall be construed to require the
disclosure of an information security record of a public agency, if,
on the facts of the particular case, disclosure of that record would
reveal vulnerabilities to, or otherwise increase the potential for an
attack on, an information technology system of a public agency.
Nothing in this section shall be construed to limit public disclosure
of records stored within an information technology system of a
public agency that are not otherwise exempt from disclosure pursuant
to this chapter or any other provision of law.

6254.20.  Nothing in this chapter shall be construed to require the
disclosure of records that relate to electronically collected
personal information, as defined by Section 11015.5, received,
collected, or compiled by a state agency.

6254.21.  (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
   (b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child, on the Internet knowing that person is an
elected or appointed official and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the
bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor or a felony.
   (c) (1) (A) No person, business, or association shall publicly
post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
   (B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official's home address.
   (C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official's term has expired prior to the end of the four-year
period.
   (D) (i) A person, business, or association that receives the
written demand of an elected or appointed official pursuant to this
paragraph shall remove the official's home address or telephone
number from public display on the Internet, including information
provided to cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to ensure that
this information is not reposted on the same Internet Web site,
subsidiary site, or any other Internet Web site maintained by the
recipient of the written demand.
   (ii) After receiving the elected or appointed official's written
demand, the person, business, or association shall not transfer the
appointed or elected official's home address or telephone number to
any other person, business, or association through any other medium.
   (iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official'
s home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate.
   (E) For purposes of this paragraph, "publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
   (2) An official whose home address or telephone number is made
public as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a court finds that a violation has
occurred, it may grant injunctive or declarative relief and shall
award the official court costs and reasonable attorney's fees. A fine
not exceeding one thousand dollars ($1,000) may be imposed for a
violation of the court's order for an injunction or declarative
relief obtained pursuant to this paragraph.
   (3) An elected or appointed official may designate in writing the
official's employer, a related governmental entity, or any voluntary
professional association of similar officials to act, on behalf of
that official, as that official's agent with regard to making a
written demand pursuant to this section. A written demand made by an
agent pursuant to this paragraph shall include a statement describing
a threat or fear for the safety of that official or of any person
residing at the official's home address.
   (d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
   (2) Notwithstanding any other law, an official whose home address
or telephone number is solicited, sold, or traded in violation of
paragraph (1) may bring an action in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it shall award damages to that official in an amount up to a maximum
of three times the actual damages but in no case less than four
thousand dollars ($4,000).
   (e) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
   (f) For purposes of this section, "elected or appointed official"
includes, but is not limited to, all of the following:
   (1) State constitutional officers.
   (2) Members of the Legislature.
   (3) Judges and court commissioners.
   (4) District attorneys.
   (5) Public defenders.
   (6) Members of a city council.
   (7) Members of a board of supervisors.
   (8) Appointees of the Governor.
   (9) Appointees of the Legislature.
   (10) Mayors.
   (11) City attorneys.
   (12) Police chiefs and sheriffs.
   (13) A public safety official, as defined in Section 6254.24.
   (14) State administrative law judges.
   (15) Federal judges and federal defenders.
   (16) Members of the United States Congress and appointees of the
President.
   (g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any other
provision of law.

6254.22.  Nothing in this chapter or any other provision of law
shall require the disclosure of records of a health plan that is
licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) and that is governed by a county board of
supervisors, whether paper records, records maintained in the
management information system, or records in any other form, that
relate to provider rate or payment determinations, allocation or
distribution methodologies for provider payments, formulae or
calculations for these payments, and contract negotiations with
providers of health care for alternative rates for a period of three
years after the contract is fully executed. The transmission of the
records, or the information contained therein in an alternative form,
to the board of supervisors shall not constitute a waiver of
exemption from disclosure, and the records and information once
transmitted to the board of supervisors shall be subject to this same
exemption. The provisions of this section shall not prevent access
to any records by the Joint Legislative Audit Committee in the
exercise of its powers pursuant to Article 1 (commencing with Section
10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The
provisions of this section also shall not prevent access to any
records by the Department of Corporations in the exercise of its
powers pursuant to Article 1 (commencing with Section 1340) of
Chapter 2.2 of Division 2 of the Health and Safety Code.

6254.23.  Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the Office of
Emergency Services pursuant to Article 7.3 (commencing with Section
7665) of Chapter 1 of Division 4 of the Public Utilities Code.

6254.24.  As used in this chapter, "public safety official" means
the following parties, whether active or retired:
   (a) A peace officer as defined in Sections 830 to 830.65,
inclusive, of the Penal Code, or a person who is not a peace officer,
but may exercise the powers of arrest during the course and within
the scope of their employment pursuant to Section 830.7 of the Penal
Code.
   (b) A public officer or other person listed in Sections 1808.2 and
1808.6 of the Vehicle Code.
   (c) An "elected or appointed official" as defined in subdivision
(f) of Section 6254.21.
   (d) An attorney employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender, the United States Attorney, or the Federal Public
Defender.
   (e) A city attorney and an attorney who represent cities in
criminal matters.
   (f) An employee of the Department of Corrections and
Rehabilitation who supervises inmates or is required to have a
prisoner in his or her care or custody.
   (g) A sworn or nonsworn employee who supervises inmates in a city
police department, a county sheriff's office, the Department of the
California Highway Patrol, federal, state, or a local detention
facility, and a local juvenile hall, camp, ranch, or home, and a
probation officer as defined in Section 830.5 of the Penal Code.
   (h) A federal prosecutor, a federal criminal investigator, and a
National Park Service Ranger working in California.
   (i) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty.
   (j) State and federal judges and court commissioners.
   (k) An employee of the Attorney General, a district attorney, or a
public defender who submits verification from the Attorney General,
district attorney, or public defender that the employee represents
the Attorney General, district attorney, or public defender in
matters that routinely place that employee in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts.
   (l) A nonsworn employee of the Department of Justice or a police
department or sheriff's office that, in the course of his or her
employment, is responsible for collecting, documenting, and
preserving physical evidence at crime scenes, testifying in court as
an expert witness, and other technical duties, and a nonsworn
employee that, in the course of his or her employment, performs a
variety of standardized and advanced laboratory procedures in the
examination of physical crime evidence, determines their results, and
provides expert testimony in court.

6254.25.  Nothing in this chapter or any other provision of law
shall require the disclosure of a memorandum submitted to a state
body or to the legislative body of a local agency by its legal
counsel pursuant to subdivision (q) of Section 11126 or Section
54956.9 until the pending litigation has been finally adjudicated or
otherwise settled. The memorandum shall be protected by the attorney
work-product privilege until the pending litigation has been finally
adjudicated or otherwise settled.

6254.26.  (a) Notwithstanding any provision of this chapter or other
law, the following records regarding alternative investments in
which public investment funds invest shall not be subject to
disclosure pursuant to this chapter, unless the information has
already been publicly released by the keeper of the information:
   (1) Due diligence materials that are proprietary to the public
investment fund or the alternative investment vehicle.
   (2) Quarterly and annual financial statements of alternative
investment vehicles.
   (3) Meeting materials of alternative investment vehicles.
   (4) Records containing information regarding the portfolio
positions in which alternative investment funds invest.
   (5) Capital call and distribution notices.
   (6) Alternative investment agreements and all related documents.
   (b) Notwithstanding subdivision (a), the following information
contained in records described in subdivision (a) regarding
alternative investments in which public investment funds invest shall
be subject to disclosure pursuant to this chapter and shall not be
considered a trade secret exempt from disclosure:
   (1) The name, address, and vintage year of each alternative
investment vehicle.
   (2) The dollar amount of the commitment made to each alternative
investment vehicle by the public investment fund since inception.
   (3) The dollar amount of cash contributions made by the public
investment fund to each alternative investment vehicle since
inception.
   (4) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund from each
alternative investment vehicle.
   (5) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund plus remaining
value of partnership assets attributable to the public investment
fund's investment in each alternative investment vehicle.
   (6) The net internal rate of return of each alternative investment
vehicle since inception.
   (7) The investment multiple of each alternative investment vehicle
since inception.
   (8) The dollar amount of the total management fees and costs paid
on an annual fiscal yearend basis, by the public investment fund to
each alternative investment vehicle.
   (9) The dollar amount of cash profit received by public investment
funds from each alternative investment vehicle on a fiscal year-end
basis.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Alternative investment" means an investment in a private
equity fund, venture fund, hedge fund, or absolute return fund.
   (2) "Alternative investment vehicle" means the limited
partnership, limited liability company, or similar legal structure
through which the public investment fund invests in portfolio
companies.
   (3) "Portfolio positions" means individual portfolio investments
made by the alternative investment vehicles.
   (4) "Public investment fund" means any public pension or
retirement system, and any public endowment or foundation.

6254.27.  Nothing in this chapter shall be construed to require the
disclosure by a county recorder of any "official record" if a "public
record" version of that record is available pursuant to Article 3.5
(commencing with Section 27300) of Chapter 6 of Part 3 of Division 2
of Title 3.
6254.28.  Nothing in this chapter shall be construed to require the
disclosure by a filing office of any "official record" if a "public
record" version of that record is available pursuant to Section
9526.5 of the Commercial Code.

6254.29.  (a) It is the intent of the Legislature that, in order to
protect against the risk of identity theft, local agencies shall
redact social security numbers from records before disclosing them to
the public pursuant to this chapter.
   (b) Nothing in this chapter shall be construed to require a local
agency to disclose a social security number.
   (c) This section shall not apply to records maintained by a county
recorder.

6254.30.  A state or local law enforcement agency shall not require
a victim of an incident, or an authorized representative thereof, to
show proof of the victim's legal presence in the United States in
order to obtain the information required to be disclosed by that law
enforcement agency pursuant to subdivision (f) of Section 6254.
However, if, for identification purposes, a state or local law
enforcement agency requires identification in order for a victim of
an incident, or an authorized representative thereof, to obtain that
information, the agency shall, at a minimum, accept a current driver'
s license or identification card issued by any state in the United
States, a current passport issued by the United States or a foreign
government with which the United States has a diplomatic
relationship, or a current Matricula Consular card.

6255.  (a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.
   (b) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing.

6257.5.  This chapter does not allow limitations on access to a
public record based upon the purpose for which the record is being
requested, if the record is otherwise subject to disclosure.

6258.  Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any public record or class of public records under this
chapter. The times for responsive pleadings and for hearings in these
proceedings shall be set by the judge of the court with the object
of securing a decision as to these matters at the earliest possible
time.

6259.  (a) Whenever it is made to appear by verified petition to the
superior court of the county where the records or some part thereof
are situated that certain public records are being improperly
withheld from a member of the public, the court shall order the
officer or person charged with withholding the records to disclose
the public record or show cause why he or she should not do so. The
court shall decide the case after examining the record in camera, if
permitted by subdivision (b) of Section 915 of the Evidence Code,
papers filed by the parties and any oral argument and additional
evidence as the court may allow.
   (b) If the court finds that the public official's decision to
refuse disclosure is not justified under Section 6254 or 6255, he or
she shall order the public official to make the record public. If the
judge determines that the public official was justified in refusing
to make the record public, he or she shall return the item to the
public official without disclosing its content with an order
supporting the decision refusing disclosure.
   (c) In an action filed on or after January 1, 1991, an order of
the court, either directing disclosure by a public official or
supporting the decision of the public official refusing disclosure,
is not a final judgment or order within the meaning of Section 904.1
of the Code of Civil Procedure from which an appeal may be taken, but
shall be immediately reviewable by petition to the appellate court
for the issuance of an extraordinary writ. Upon entry of any order
pursuant to this section, a party shall, in order to obtain review of
the order, file a petition within 20 days after service upon him or
her of a written notice of entry of the order, or within such further
time not exceeding an additional 20 days as the trial court may for
good cause allow. If the notice is served by mail, the period within
which to file the petition shall be increased by five days. A stay of
an order or judgment shall not be granted unless the petitioning
party demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
   (d) The court shall award court costs and reasonable attorney fees
to the plaintiff should the plaintiff prevail in litigation filed
pursuant to this section. The costs and fees shall be paid by the
public agency of which the public official is a member or employee
and shall not become a personal liability of the public official. If
the court finds that the plaintiff's case is clearly frivolous, it
shall award court costs and reasonable attorney fees to the public
agency.

6260.  The provisions of this chapter shall not be deemed in any
manner to affect the status of judicial records as it existed
immediately prior to the effective date of this section, nor to
affect the rights of litigants, including parties to administrative
proceedings, under the laws of discovery of this state, nor to limit
or impair any rights of discovery in a criminal case.

6261.  Notwithstanding Section 6252, an itemized statement of the
total expenditures and disbursement of any agency provided for in
Article VI of the California Constitution shall be open for
inspection.

6262.  The exemption of records of complaints to, or investigations
conducted by, any state or local agency for licensing purposes under
subdivision (f) of Section 6254 shall not apply when a request for
inspection of such records is made by a district attorney.

6263.  A state or local agency shall allow an inspection or copying
of any public record or class of public records not exempted by this
chapter when requested by a district attorney.

6264.  The district attorney may petition a court of competent
jurisdiction to require a state or local agency to allow him to
inspect or receive a copy of any public record or class of public
records not exempted by this chapter when the agency fails or refuses
to allow inspection or copying within 10 working days of a request.
The court may require a public agency to permit inspection or copying
by the district attorney unless the public interest or good cause in
withholding such records clearly outweighs the public interest in
disclosure.
6265.  Disclosure of records to a district attorney under the
provisions of this chapter shall effect no change in the status of
the records under any other provision of law.

6267.  All patron use records of any library which is in whole or in
part supported by public funds shall remain confidential and shall
not be disclosed by a public agency, or private actor that maintains
or stores patron use records on behalf of a public agency, to any
person, local agency, or state agency except as follows:
   (a) By a person acting within the scope of his or her duties
within the administration of the library.
   (b) By a person authorized, in writing, by the individual to whom
the records pertain, to inspect the records.
   (c) By order of the appropriate superior court.
   As used in this section, the term "patron use records" includes
the following:
   (1) Any written or electronic record, that is used to identify the
patron, including, but not limited to, a patron's name, address,
telephone number, or e-mail address, that a library patron provides
in order to become eligible to borrow or use books and other
materials.
   (2) Any written record or electronic transaction that identifies a
patron's borrowing information or use of library information
resources, including, but not limited to, database search records,
borrowing records, class records, and any other personally
identifiable uses of library resources information requests, or
inquiries.
   This section shall not apply to statistical reports of patron use
nor to records of fines collected by the library.

6268.  Public records, as defined in Section 6252, in the custody or
control of the Governor when he or she leaves office, either
voluntarily or involuntarily, shall, as soon as is practical, be
transferred to the State Archives. Notwithstanding any other
provision of law, the Governor, by written instrument, the terms of
which shall be made public, may restrict public access to any of the
transferred public records, or any other writings he or she may
transfer, which have not already been made accessible to the public.
With respect to public records, public access, as otherwise provided
for by this chapter, shall not be restricted for a period greater
than 50 years or the death of the Governor, whichever is later, nor
shall there be any restriction whatsoever with respect to enrolled
bill files, press releases, speech files, or writings relating to
applications for clemency or extradition in cases which have been
closed for a period of at least 25 years. Subject to any restrictions
permitted by this section, the Secretary of State, as custodian of
the State Archives, shall make all such public records and other
writings available to the public as otherwise provided for in this
chapter.
   Except as to enrolled bill files, press releases, speech files, or
writings relating to applications for clemency or extradition, this
section shall not apply to public records or other writings in the
direct custody or control of any Governor who held office between
1974 and 1988 at the time of leaving office, except to the extent
that that Governor may voluntarily transfer those records or other
writings to the State Archives.
   Notwithstanding any other provision of law, the public records and
other writings of any Governor who held office between 1974 and 1988
may be transferred to any educational or research institution in
California provided that with respect to public records, public
access, as otherwise provided for by this chapter, shall not be
restricted for a period greater than 50 years or the death of the
Governor, whichever is later. No records or writings may be
transferred pursuant to this paragraph unless the institution
receiving them agrees to maintain, and does maintain, the materials
according to commonly accepted archival standards. No public records
transferred shall be destroyed by that institution without first
receiving the written approval of the Secretary of State, as
custodian of the State Archives, who may require that the records be
placed in the State Archives rather than being destroyed. An
institution receiving those records or writings shall allow the
Secretary of State, as custodian of the State Archives, to copy, at
state expense, and to make available to the public, any and all
public records, and inventories, indices, or finding aids relating to
those records, which the institution makes available to the public
generally. Copies of those records in the custody of the State
Archives shall be given the same legal effect as is given to the
originals.

6270.  (a) Notwithstanding any other provision of law, no state or
local agency shall sell, exchange, furnish, or otherwise provide a
public record subject to disclosure pursuant to this chapter to a
private entity in a manner that prevents a state or local agency from
providing the record directly pursuant to this chapter. Nothing in
this section requires a state or local agency to use the State
Printer to print public records. Nothing in this section prevents the
destruction of records pursuant to law.
   (b) This section shall not apply to contracts entered into prior
to January 1, 1996, between the County of Santa Clara and a private
entity for the provision of public records subject to disclosure
under this chapter.

---

OFF THE WIRE
Good article;
"We have very real dangers to our society, our American way of life, but MCs are unequivocally not among those dangers. In my experience, patch-holders represent the very people who protect us from those threats."

Riding with an outlaw motorcycle club 02:02
Story highlights

    William Dulaney: Most Americans have a misunderstanding of motorcycle clubs
    This has been perpetuated by portrayal in the media, he says

"William Dulaney, a professor at the U.S. Air Force Air Command & Staff College, researches motorcycle outlaws and is a biker himself. His doctoral degree dissertation focused on the identity and culture of America's outlaw motorcycle community. The views expressed are his own. Watch more as Lisa Ling goes inside the Mongols biker nation this Wednesday on CNN at 9 p.m. ET."

(CNN)It's no secret that we Americans love our outlaws, from the legends and lore of rebellious (and illegal) acts by our Founding Fathers, to the bushwhacking and bank-robbing capers of Butch Cassidy and the Sundance Kid, to the "bad boy" music of Elvis Presley, the Rolling Stones and Dr. Dre.
American culture and mass media have led inexorably to characters that embody this bad-boy attitude -- like Jax, the heartthrob outlaw biker star of the TV show "Sons of Anarchy."

From motorcycle clubs to organized crime: Notorious biker gangs
Americans have a long established canon from which they "learn" about society from fictional dramas. And the more we watch shows like "Sons of Anarchy," the more a news story will seem to fit our mental construct of "how those people are." The same is true of popular TV crime dramas' portrayal of American minorities' involvement in violent crime.
And it seems that every time outlaw motorcycle clubs are portrayed in the news, it's because of something terrible, such as the 2002 incident in Loughlin, Nevada, or the recent deadly events in Waco, Texas.
But here's the thing: As we watch more crime drama, we perceive that crime is more prevalent than it actually is.
The history and violence of American motorcycle gangs

The history and violence of American motorcycle gangs 02:37
And when the media fail to represent or report the average, everyday activities of motorcycle clubs and the workaday lives of their members, media consumers have nothing against which to compare how those people might really be.
Add to this the fact that the outlaw biker narrative has been largely controlled over time, not by members of the culture, but outsiders and the misconceptions grow. Case in point: the Waco incident. Sgt. Swanton of the Waco Police Department effectively controlled the story of what happened on May 17, 2015, and it appears that story has already begun to unravel. Regardless of what ultimately is shown to be the truth about the events in Waco, if history tells us anything it's that that story will not likely be broadcast as widely as the law enforcement narrative was ... if at all.
An old criticism about the media goes, "if it bleeds it leads."
Biker bureaucracy
I've spent 15 years researching America's biker culture and I can say with some authority that the reality of everyday life in motorcycle clubs is neither dangerous nor exciting.
On the road with the Mongols Motorcycle Club
Photos: On the road with the Mongols Motorcycle Club
&lt;strong&gt;&quot;Lil&#39; John&quot;&lt;/strong&gt; &lt;br /&gt;Bakersfield, California, 2009 &lt;br /&gt;&lt;br /&gt;Willheim was invited to attend the funeral of Lil&#39; John, an older man who had been in the club for many years, he said.



&lt;strong&gt;&quot;Charro&quot;&lt;/strong&gt; &lt;br /&gt;Upland, California, 2010&lt;br /&gt;&lt;br /&gt;The Mongols call themselves the &quot;baddest 1%er motorcycle club known worldwide.&quot; &lt;a href=&quot;http://www.cnn.com/videos/us/2015/10/04/bikers-mongol-nation-lisa-ling-orig.cnn&quot; target=&quot;_blank&quot;&gt;CNN&#39;s Lisa Ling said&lt;/a&gt; 1%er motorcycle clubs are considered the outlaw biker clubs; they play by their own rules.

;Brotherhood&quot;&lt;/strong&gt; &lt;br /&gt;Whittier, California, 2011&lt;br /&gt;&lt;br /&gt;The Department of Justice says the Mongols are &quot;known to frequently commit violent crime, including assault, intimidation and murder, in defense of their territory and to uphold the reputation of the club.&quot; The club says on its website: &quot;When we do right, nobody remembers. When we do wrong, nobody forgets.&quot;



&lt;strong&gt;&quot;Honoring Freddie&quot;&lt;/strong&gt; &lt;br /&gt;California, 2011&lt;br /&gt;&lt;br /&gt;&quot;The club has actually been a positive influence on a lot of guys,&quot; Ling said.



&lt;strong&gt;&quot;Top Hat&quot;&lt;/strong&gt; &lt;br /&gt;Industry, California, 2011 &lt;br /&gt;&lt;br /&gt;&quot;From only knowing the club from stories via the Internet, I had no clue what I was getting myself into,&quot; Willheim said. &quot;These are some of the greatest guys I&#39;ve ever met.&quot;



&lt;strong&gt;&quot;On the Road&quot;&lt;/strong&gt; &lt;br /&gt;Arizona, 2009 &lt;br /&gt;&quot;I met members who never had a car because they only ride motorcycles,&quot; Willheim said.


In an effort to refresh his creativity,&lt;a href=&quot;http://www.jasonwillheim.com&quot; target=&quot;_blank&quot;&gt; photographer Jason Willheim&lt;/a&gt; was connected with the Mongols Motorcycle Club. He spent seven years with the group, documenting weddings, parties, funerals and road trips. Seen here is the 2010 Mother Chapter in Los Angeles. &lt;br /&gt;&lt;br /&gt;Learn more as &lt;a href=&quot;http://www.cnn.com/shows/this-is-life-with-lisa-ling&quot;&gt;Lisa Ling goes inside the Mongols biker nation&lt;/a&gt; this Wednesday on CNN at 9 p.m. ET.


&lt;strong&gt;&quot;Ready to Box&quot;&lt;/strong&gt; &lt;br /&gt;Commerce, California, 2010&lt;br /&gt;&lt;br /&gt;The Mongols club is an &quot;extremely violent&quot; outlaw motorcycle gang that poses a serious criminal threat to the Pacific and Southwest regions of the United States, the Department of Justice says. In fact, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives have called the Mongols the most violent and dangerous motorcycle gang in the country. But Willheim disagrees. &quot;They&#39;re not out looking for blood, looking to kill, this or that. ... They&#39;re Americans looking to ride, and they love the brotherhood. ... I think I&#39;m more scared of the ATF rolling up during an event.&quot;



&lt;strong&gt;&quot;Touch Up&quot;&lt;/strong&gt; &lt;br /&gt;Reno, Nevada, 2010&lt;br /&gt;&lt;br /&gt;One of Willheim&#39;s friends was acquainted with a member of the Mongols, and he introduced them to each other in 2008. &quot;For the next year we spoke (and) got a feel for each other,&quot; Willheim said. Willheim eventually began photographing the group and was given access to its members.



&lt;strong&gt;&quot;Heading East&quot;&lt;/strong&gt; &lt;br /&gt;Texas, 2009&lt;br /&gt;&lt;br /&gt;Although Willheim doesn&#39;t ride motorcycles, he did go on road trips with the Mongols. The longest trip was a seven-day journey from Los Angeles to Oklahoma and back.



&lt;strong&gt;&quot;R.I.P. Sinner&quot;&lt;/strong&gt; &lt;br /&gt;City of Industry, California, 2011&lt;br /&gt; &lt;br /&gt;Willheim split his time between shooting commercial work and the Mongols, taking more than 17,000 photos, he said. &quot;It was just a side project. One day I&#39;m hanging with the club, the next day I&#39;m doing a movie poster, you know, advertising.&quot;



&lt;strong&gt;&quot;Tickets&quot;&lt;/strong&gt;&lt;br /&gt;South Bay, California, 2011 &lt;br /&gt;&lt;br /&gt;Willheim said he has never felt threatened by the Mongols. &quot;There&#39;s always a brother or two that&#39;s not thrilled about taking their picture, so I don&#39;t take their picture,&quot; he said. &quot;Once they trust you, they&#39;re the (most loyal) people you&#39;ll ever meet.&quot;



&lt;strong&gt;&quot;Lil&#39; John&quot;&lt;/strong&gt; &lt;br /&gt;Bakersfield, California, 2009 &lt;br /&gt;&lt;br /&gt;Willheim was invited to attend the funeral of Lil&#39; John, an older man who had been in the club for many years, he said.



&lt;strong&gt;&quot;Charro&quot;&lt;/strong&gt; &lt;br /&gt;Upland, California, 2010&lt;br /&gt;&lt;br /&gt;The Mongols call themselves the &quot;baddest 1%er motorcycle club known worldwide.&quot; &lt;a href=&quot;http://www.cnn.com/videos/us/2015/10/04/bikers-mongol-nation-lisa-ling-orig.cnn&quot; target=&quot;_blank&quot;&gt;CNN&#39;s Lisa Ling said&lt;/a&gt; 1%er motorcycle clubs are considered the outlaw biker clubs; they play by their own rules.



&lt;strong&gt;&quot;Brotherhood&quot;&lt;/strong&gt; &lt;br /&gt;Whittier, California, 2011&lt;br /&gt;&lt;br /&gt;The Department of Justice says the Mongols are &quot;known to frequently commit violent crime, including assault, intimidation and murder, in defense of their territory and to uphold the reputation of the club.&quot; The club says on its website: &quot;When we do right, nobody remembers. When we do wrong, nobody forgets.&quot;



&lt;strong&gt;&quot;Honoring Freddie&quot;&lt;/strong&gt; &lt;br /&gt;California, 2011&lt;br /&gt;&lt;br /&gt;&quot;The club has actually been a positive influence on a lot of guys,&quot; Ling said.



&lt;strong&gt;&quot;Top Hat&quot;&lt;/strong&gt; &lt;br /&gt;Industry, California, 2011 &lt;br /&gt;&lt;br /&gt;&quot;From only knowing the club from stories via the Internet, I had no clue what I was getting myself into,&quot; Willheim said. &quot;These are some of the greatest guys I&#39;ve ever met.&quot;



&lt;strong&gt;&quot;On the Road&quot;&lt;/strong&gt; &lt;br /&gt;Arizona, 2009 &lt;br /&gt;&quot;I met members who never had a car because they only ride motorcycles,&quot; Willheim said.


In an effort to refresh his creativity,&lt;a href=&quot;http://www.jasonwillheim.com&quot; target=&quot;_blank&quot;&gt; photographer Jason Willheim&lt;/a&gt; was connected with the Mongols Motorcycle Club. He spent seven years with the group, documenting weddings, parties, funerals and road trips. Seen here is the 2010 Mother Chapter in Los Angeles. &lt;br /&gt;&lt;br /&gt;Learn more as &lt;a href=&quot;http://www.cnn.com/shows/this-is-life-with-lisa-ling&quot;&gt;Lisa Ling goes inside the Mongols biker nation&lt;/a&gt; this Wednesday on CNN at 9 p.m. ET.


&lt;strong&gt;&quot;Ready to Box&quot;&lt;/strong&gt; &lt;br /&gt;Commerce, California, 2010&lt;br /&gt;&lt;br /&gt;The Mongols club is an &quot;extremely violent&quot; outlaw motorcycle gang that poses a serious criminal threat to the Pacific and Southwest regions of the United States, the Department of Justice says. In fact, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives have called the Mongols the most violent and dangerous motorcycle gang in the country. But Willheim disagrees. &quot;They&#39;re not out looking for blood, looking to kill, this or that. ... They&#39;re Americans looking to ride, and they love the brotherhood. ... I think I&#39;m more scared of the ATF rolling up during an event.&quot;



&lt;strong&gt;&quot;Touch Up&quot;&lt;/strong&gt; &lt;br /&gt;Reno, Nevada, 2010&lt;br /&gt;&lt;br /&gt;One of Willheim&#39;s friends was acquainted with a member of the Mongols, and he introduced them to each other in 2008. &quot;For the next year we spoke (and) got a feel for each other,&quot; Willheim said. Willheim eventually began photographing the group and was given access to its members.



&lt;strong&gt;&quot;Heading East&quot;&lt;/strong&gt; &lt;br /&gt;Texas, 2009&lt;br /&gt;&lt;br /&gt;Although Willheim doesn&#39;t ride motorcycles, he did go on road trips with the Mongols. The longest trip was a seven-day journey from Los Angeles to Oklahoma and back.



&lt;strong&gt;&quot;R.I.P. Sinner&quot;&lt;/strong&gt; &lt;br /&gt;City of Industry, California, 2011&lt;br /&gt; &lt;br /&gt;Willheim split his time between shooting commercial work and the Mongols, taking more than 17,000 photos, he said. &quot;It was just a side project. One day I&#39;m hanging with the club, the next day I&#39;m doing a movie poster, you know, advertising.&quot;



&lt;strong&gt;&quot;Tickets&quot;&lt;/strong&gt;&lt;br /&gt;South Bay, California, 2011 &lt;br /&gt;&lt;br /&gt;Willheim said he has never felt threatened by the Mongols. &quot;There&#39;s always a brother or two that&#39;s not thrilled about taking their picture, so I don&#39;t take their picture,&quot; he said. &quot;Once they trust you, they&#39;re the (most loyal) people you&#39;ll ever meet.&quot;



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One might even call it boring.
Meetings run on for hours. Committee work is less than exciting, no matter the organization. Raffle tickets have to be sold, charitable events have to be planned, staffed, provisioned and the grounds have to be cleaned up afterward. Clubhouses have to be maintained; the yard has to be mowed, the roof needs to be patched, someone has to clean the bathroom, and so on.
Most of the time, MC members -- called patch-holders -- hang out at one another's homes or shops talking about motorcycles.
Countless hours are spent riding their motorcycles from one state to another, stopping only for gas, regardless of the weather, which after the first 1,000 miles can dampen the spirits of even the most ardent rider.
When not together, patch-holders mostly work and spend time with their families (and most families spend time with the MC).
But what about the claim that motorcycle clubs are gangs?
Motorcycle clubs are born of a love of the machine, racing, riding and from military service. Gangs began for various reasons as well, but largely as a form of protection for ethnic immigrants residing in inner cities.
Motorcycle clubs' social structure is overwhelmingly democratic from the local to the international levels. Officers are democratically elected and hold office so long as they meet the memberships' needs.
Actually, it was a surprise research finding that most MCs adhere strictly to Robert's Rules of Order during official meetings, with fines for being found out of order ranging from $20 to $100.
In contrast, gangs can be seen as more autocratic than democratic, where leaders emerge more for their charismatic leadership and illicit earning abilities than for their abilities to run organizations.
Motorcycle clubs are organized hierarchically, with strictly defined chains of command and lines of communication. MCs elect secretaries whose jobs are to maintain meeting minutes, keep track of committees and chairs, and see that old business is complete and new business is on the agenda.
Treasurers also are elected officials and they attend to fiduciary responsibilities such as collecting membership dues, paying clubhouse expenses and financial planning for the future. Both secretaries and treasurers are required to produce written documents for the membership to review and approve during each meeting.
It seems laughable to believe that gangs do the same. In addition to a decade-and-a-half of research, I have lived my entire adult life around bikers and MCs and have yet to encounter a motorcycle gang. I have, however, witnessed several occasions where MCs run street gangs out of the communities in which the MC clubhouses are located (MCs usually can only afford to buy or lease properties in the cheapest parts of town where gang crime is most prevalent.)
Not hiding behind charity work
Perhaps the singularly most important distinction between outlaw motorcycle clubs and gangs is evidenced through philanthropy.
It's been widely reported by local, state, and federal law enforcement organizations that MCs support charities, mainly (if not entirely) for positive public relations in order to offset some negative public image.
This interpretation does not fit my field observations. I've found two primary reasons why motorcycle clubs are so closely intertwined with charity work: MC family members are or have been affected by the maladies the charities seek to eradicate, and members of the local community are in legitimate and immediate need.
MCs support a wide variety of local, national, and international charities that seek to end cancers, poverty, hunger and children's diseases, but especially supported are disabled veterans organizations.
Charity is to members of motorcycle clubs as gasoline and oil are to their machines. For some, it's a major reason why they join and stay in MCs.
I've observed MCs providing 24/7 security at battered women's shelters, holding motorcycling events such as Poker Runs to raise money for local families whose homes were destroyed by fire or natural disasters, or to help families stricken by some other tragic event get on their feet.
If a member of the community is in legitimate need, and the MCs are able to help, they almost always do.
Even if it's just "Passing the Hat," where patch-holders literally pass around a baseball cap into which members place what cash they can spare.
This might not seem like much, but to a family in desperate need of short-term assistance, this can mean the difference between having electricity and water and going without.
And this happens all the time.
Why people join MCs
Over the years, I've come to understand that identity may be the main purpose people join MCs.
It's not easy becoming a patch-holder. Many have compared "prospecting" -- the process of earning full membership -- to that of military basic training, where the individual is broken down in order to be reformed into a part of a collective: To think not of one's self but of others, and to understand that one's actions or inactions impact the team and the organization. But prospecting takes months and sometime a year or more (5 years for one MC).
Prospecting is physically, emotionally, and intellectually demanding and not everyone can do it. A significant amount of social status is conferred upon those with the steel to make it. Perhaps this is the only obvious similarity between MCs and gangs.
That sense of brotherhood was on display at a funeral for a patch-holder slain at Waco. I witnessed members of the Hells Angels, Bandidos, Mongols, Vagos and more than 50 other motorcycle clubs come together in peace to mourn the passing of a man who touched the lives of so many in his community.
To them, he was much more than a biker or a patch-holder -- he was their Brother, with all the familial love, respect, and honor that that word conveys. To my knowledge, such a gathering has never happened before.
This convergence of contrasting MCs was no media stunt. There were no media in the funeral that day (although there was one white, unmarked van, out of which came uniformed men clad in body armor and armed with assault rifles).
What is most worrisome to me is that we as Americans don't really know these people and yet we readily accept one-sided narratives as they pop up in the news. Certain law enforcement officials and organizations have labeled outlaw motorcycle clubs as a domestic terrorist threat.
As one who earns a living studying and teaching about threats to national security, it concerns me greatly to think that precious time, money, and manpower are wasted on targeting the wrong people. We have very real dangers to our society, our American way of life, but MCs are unequivocally not among those dangers. In my experience, patch-holders represent the very people who protect us from those threats.