Section 186.21 Of Chapter 11. Street Terrorism Enforcement And Prevention Act From California Penal Code >> Title 7. >> Part 1. >> Chapter 11.
186.21
. The Legislature hereby finds and declares that it is the
right of every person, regardless of race, color, creed, religion,
national origin, gender, gender identity, gender expression, age,
sexual orientation, or handicap, to be secure and protected from
fear, intimidation, and physical harm caused by the activities of
violent groups and individuals. It is not the intent of this chapter
to interfere with the exercise of the constitutionally protected
rights of freedom of expression and association. The Legislature
hereby recognizes the constitutional right of every citizen to harbor
and express beliefs on any lawful subject whatsoever, to lawfully
associate with others who share similar beliefs, to petition lawfully
constituted authority for a redress of perceived grievances, and to
participate in the electoral process.
The Legislature, however, further finds that the State of
California is in a state of crisis which has been caused by violent
street gangs whose members threaten, terrorize, and commit a
multitude of crimes against the peaceful citizens of their
neighborhoods. These activities, both individually and collectively,
present a clear and present danger to public order and safety and are
not constitutionally protected. The Legislature finds that there are
nearly 600 criminal street gangs operating in California, and that
the number of gang-related murders is increasing. The Legislature
also finds that in Los Angeles County alone there were 328
gang-related murders in 1986, and that gang homicides in 1987 have
increased 80 percent over 1986. It is the intent of the Legislature
in enacting this chapter to seek the eradication of criminal activity
by street gangs by focusing upon patterns of criminal gang activity
and upon the organized nature of street gangs, which together, are
the chief source of terror created by street gangs. The Legislature
further finds that an effective means of punishing and deterring the
criminal activities of street gangs is through forfeiture of the
profits, proceeds, and instrumentalities acquired, accumulated, or
used by street gangs.