Title
Title
Civil Practice and Procedure: Review of Denial of Request to Remove Name From Shared Gang Database (Action Required)
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Summary
Summary
Recent legislation amended statutes relating to criminal gang databases and the process that authorizes challenges to a law enforcement agency’s inclusion of a person in a shared gang database. The Civil and Small Claims Advisory Committee proposes amending the rule of court and revising the Judicial Council form that address a petition for a superior court to review a law enforcement agency’s denial of a request for removal from a shared gang database to reflect this legislation.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2019:
1. Amend rule 3.2300 of the California Rules of Court to conform to changes made by legislation and further clarify the petition process; and
2. Revise form MC-1000 to change the form name, add instructions, and make changes to conform to legislation.