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Update on the Reformed Gang Laws Under AB 333
Criminal Law Section
Credit(s):
1 Legal Specialization in Criminal Law
1 Participatory MCLE Credits
On October 8, 2021, Governor Newsom signed Assembly Bill (“AB”) 333, the “STEP Forward Act,” into law. (2021 Cal. Legis. Serv. Ch. 699 (AB 333), subd. (g).) AB 333 significantly reformed California’s gang laws and sought to reduce their scope and disparate impact on communities of color. AB 333 now requires that the predicate offenses used to prove a pattern of criminal street gang activity be committed by fellow members, collectively, and within three years of the charged offense and the other predicate offenses. Additionally, predicate offenses must have benefited the criminal street gang, and both the predicate offenses and the charged offense must have benefited the gang in a way that is “more than reputational”. AB 333 also requires that the criminal street gang itself be “organized,” and provides a mechanism for bifurcating the gang-related charges and enhancements from the charged offense. This training will discuss these and other changes to the gang laws enacted by AB 333, why certain changes were made, and how courts are interpreting them.
1 Legal Specialization in Criminal Law
1 Participatory MCLE Credits
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