Cal. Code Regs. tit. 2 § 649.55

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 649.55 - Involvement in the Qualifying Crime Due to Gang Involvement
(a) Involvement in the events leading to the qualifying crime by the victim or derivative victim may be found if the victim or derivative victim was involved in and was injured from a qualifying crime that was a result of gang activity or prior gang activity in which the victim or derivative victim participated.
(b) Gang activity may include, but is not limited to the following:
(1) gang initiation;
(2) gang retaliation;
(3) gang fighting;
(4) intentionally provoking gang-related activity.
(c) Significant weight may be given to the evidence from and conclusions of a law enforcement agency after investigation of the qualifying crime when determining whether the victim or derivative victim was involved in the events leading to the qualifying crime under subsection (a).
(d) Gang membership alone shall not be sufficient for a finding of involvement in the events leading to the qualifying crime under subsection (a).

Cal. Code Regs. Tit. 2, § 649.55

1. Change without regulatory effect renumbering former section 656.3 to section 649.55, including amendment of NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13956, Government Code.

1. Change without regulatory effect renumbering former section 656.3 to section 649.55, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).