California AB 333: Transforming Penal Code 186.22 and Gang Enhancement Laws

California Assembly Bill 333 (AB 333), known as the STEP Forward Act, brought significant changes to the state’s gang enhancement laws, particularly Penal Code 186.22. This landmark legislation, which became effective January 1, 2022, aims to address concerns about fairness and the disproportionate application of gang enhancements.

What is Penal Code 186.22?

Penal Code 186.22 is a law designed to deter gang-related crimes by imposing harsher penalties on individuals who commit offenses for the benefit of, at the direction of, or in association with a criminal street gang. The law allows prosecutors to seek enhancements that can add years to a prison sentence if the crime is deemed gang related. While its intent is to combat organized gang activity, critics have long argued that its application has been overly broad and often unfair.

Key Changes Introduced by AB 333

1. Narrowed Definition of “Criminal Street Gang”

Under AB 333, the definition of a “criminal street gang” has been refined:

• The group must now be an ongoing, organized association of three or more persons.
• The requirement that members engage in a “pattern of criminal gang activity” remains, but AB 333 introduces stricter criteria for what qualifies as such activity.

2. New Criteria for “Pattern of Criminal Gang Activity”

To establish a “pattern of criminal gang activity,” prosecutors must now prove:

• Two or more predicate offenses were committed by gang members within three years of each other and within three years of the current charge.
• Predicate offenses must be proven to benefit the gang in more concrete ways than simply enhancing its reputation.
• The offenses must involve multiple gang members acting collectively.

3. Predicate Offenses Limited

AB 333 removes certain crimes from the list of qualifying predicate offenses, such as:

• Felony vandalism
• Identity theft
• Certain forms of looting

This change ensures that only more serious crimes contribute to gang-related allegations.

4. Prohibition on Using the Charged Offense as a Predicate

Previously, the crime for which the defendant was currently charged could sometimes be used as evidence of a “pattern of criminal gang activity.” AB 333 prohibits this practice, requiring independent evidence of gang-related activity.

5. Bifurcation of Gang Enhancement Trials

Under Penal Code 1109, which was also introduced by AB 333, defendants have the right to request bifurcated trials for gang enhancements. This means:

• The jury will first decide guilt on the underlying offense without being exposed to gang-related evidence.
• If the defendant is found guilty, a separate trial will determine whether the gang enhancement applies.

This change addresses concerns about jury bias stemming from gang-related allegations.

The Impact of AB 333 on Criminal Cases

Stronger Protections for Defendants

By narrowing the criteria for gang enhancements, AB 333 helps protect individuals from overly broad or unfounded allegations. The bifurcation process further ensures that gang evidence does not unduly influence a jury’s decision on the underlying offense.

Fairer Application of the Law

AB 333 responds to long-standing concerns about the racial disparities in the application of gang enhancements. By requiring concrete evidence and narrowing the scope of qualifying offenses, the law aims to reduce the disproportionate targeting of certain communities.

Retroactivity

The changes introduced by AB 333 apply to cases that were not yet final as of January 1, 2022. This means defendants whose convictions were still under direct review on that date may seek relief under the new law.

Conclusion

AB 333 represents a significant shift in California’s approach to gang-related crime. By refining Penal Code 186.22 and introducing procedural safeguards, the law promotes greater fairness and accountability in the criminal justice system.

If you or a loved one is facing gang enhancement allegations, it is essential to consult an experienced criminal defense attorney who can navigate these new legal standards and advocate for your rights.

Contact The Law Office of Victor Nasser today to learn how we can help protect your future.