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Name: In re Emiliano M.
Case #: S107904
Court: CA Supreme Court
District CalSup
Opinion Date: 08/07/2003

Proposition 21 added Penal Code section 186.30, subdivision (b)(3), which imposes a gang registration requirement for a “petition sustained” in juvenile court for any gang-related crime. The Supreme Court held that the provisions of Welfare and Institutions Code section 777, subdivision (a)(2) did not prohibit a probation violation consisting of possession of ammunition and imposition of a gang registration requirement solely because the conduct was also a crime. The Court expressly stated it did not address whether there may be other reasons why the gang registration provision of Penal Code section 186.30, subdivision (b)(3) might not apply in a section 777, subdivision (a)(2) probation violation proceeding.