Law Change: Participation in a Criminal Street Gang

Beginning January 1, 2022 those facing enhanced punishment based on allegations they committed their crimes for the benefit of a criminal street gang should be aware the law has changed significantly in their favor. Effective January 1, 2022, gang enhancements and street terrorism charges will have to be bifurcated or separated from the trial on the underlying criminal offenses. Gang evidence will now be generally inadmissible until the second trial. The underlying offenses may not be used to establish the pattern of criminal gang activity and the crimes cannot be found to have been gang-related for purposes of the enhancement if the so-called benefit to the gang was merely reputational.

Read more: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB333