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(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (e) of Section 186.34, may petition the court to review the law enforcement agency's denial of the request for removal and to order the law enforcement agency to remove the person from the shared gang database. The petition may be brought by the person or the person's attorney, or if the person is under 18 years of age, by his or her parent or guardian or an attorney on behalf of the parent or guardian.
(b) The petition shall be filed and served within 90 calendar days of the agency's mailing or personal service of the verification of the decision to deny the request for removal from the shared gang database or the date that the request is deemed denied under subdivision (e) of Section 186.34. A proceeding under this subdivision is not a criminal case. The petition shall be filed in either the superior court of the county in which the local law enforcement agency is located or, if the person resides in California, in the county in which the person resides. A copy of the petition shall be served on the agency in person or by first-class mail. Proof of service of the petition on the agency shall be filed in the superior court. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
(c) The evidentiary record for the court's determination of the petition shall be limited to the agency's statement of the basis of its designation made pursuant to subdivision (c) or (d) of Section 186.34, and the documentation provided to the agency by the person contesting the designation pursuant to subdivision (e) of Section 186.34.
(d) If, upon de novo review of the record and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the person's active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database.
(e) The fee for filing the petition is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the petition. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency.
Cite this article: FindLaw.com - California Code, Penal Code - PEN § 186.35 - last updated January 01, 2019 | https://codes.findlaw.com/ca/penal-code/pen-sect-186-35/
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