1. (a) The record of a person who is 18 years of age or older shall be retained in the CalGang database for five years, and upon termination of the retention period, the record shall be automatically purged from the database.

2. (b) If a minimum of two additional criteria is added to a person's record in the CalGang database pursuant to section 752.2 and the reasonable suspicion requirement set forth in subdivision (b) of section 752.2 remains satisfied, the five-year retention period will be reset to begin on the date the second criterion is satisfied.

   1. (1) These two additional criteria shall be different from each other but do not need to differ from those that were satisfied for the initial designation of the person in the CalGang database.
   2. (2) The satisfaction of these two additional criteria shall occur within a one-year period.
3. (c) An officer shall not use the fact that a person's record is about to purge from the CalGang database in determining whether to stop or contact the designated person.

Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.

History

1. New article 9 (sections 754.4-755.3) and section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.