Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.

This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the bill would impose a state-mandated local program.

Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.

This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide.

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 158

Author:(Chu) – As Amended Ver:April 17, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires:

1. The first page of a law enforcement departmental information report, or a law enforcement departmental crime report, face sheet include a checkbox indicating whether the incident in question was bias-related pursuant to the “hate crime” statute.
2. The checkbox to ask the following question: “Do you believe this incident was committed in whole or in part because of one or more of the following perceived or actual characteristics of the victim - race, religion, sexual orientation, disability, gender, ethnicity, national origin, association with a person or group with one more of these actual or perceived characteristics”; and,
   
3. All law enforcement agencies to adopt internal policies and fully implement these provisions by July 1, 2018.

FISCAL EFFECT:

1. Potential unknown reimbursable state-mandated costs (GF) to local law enforcement agencies by requiring new forms, new procedures, and personnel training to adopt and implement the policies by July 1, 2018. There are over 800 local law enforcement agencies, if 50% of the agencies (400 agencies) were to submit a claim for $2,000 for the first year, the first year implementation costs would be in the $800,000.
2. Potential unknown costs (GF and Special Funds) to various state agencies, including the California High Patrol, the California Department of Corrections and Rehabilitation, the California Department of Fish and Wildlife, and several others whose law enforcement personnel prepare crime reports.

COMMENTS:

1. Purpose. According to the author, “Hate crimes are on the rise and accurate reporting of incidents is crucial to address the problem. California is the second most-diverse state in the U.S. according to a Census Bureau report released in 2015. We pride ourselves in leading the charge to decry hate and provide equal protections for all Californians. AB 158 would ensure that if a hate crime does occur, our peace officers are equipped to report them and gather the necessary information to help prosecute such crimes.”
2. Background. Current law requires that, subject to the availability of adequate funding, the Attorney General (AG) direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes. Each year, the AG’s office publishes a ‘Hate Crime in California’ report, which assesses the number of hate crime events, hate crime offenses, hate crime victims, and hate crime suspects. The report puts these statistics in historical perspective by providing trend information on the number and types of hate crimes over the past ten years.

Current law requires the Commission on Peace Officer Standards and Training to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes.

Hate crime is generally defined as a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation, (7) association with a person or group with one or more of these actual or perceived characteristics.

According to data from the National Crime Victim Survey by the U.S. Justice Department, hate crimes are significantly underreported. This survey, in comparison to numbers reported to the FBI, suggests that hate crimes likely occur 24-28 times more than they are reported. This underreporting is due in part to a lack of formal training and reporting requirements for local police departments as well as the victim’s fear of insensitive treatment by law enforcement.

1. Related Legislation. AB 1161 (Ting) requires state law enforcement agencies to either adopt or review and revise policies for addressing hate crimes. AB 1161 is currently in this Committee on Suspense.
   

AB 39 (Bocanegra) requires every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists. AB 39 is currently in this Committee on Suspense.

AB 800 (Chiu) requires the Attorney General to establish a public hotline for hate crimes. AB 800 will be heard in this Committee today.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 18, 2017

Counsel: Cheryl Anderson

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Requires the first page of a law enforcement information or crime report to reflect whether the incident was related to a hate crime. Specifically, this bill:

1. Provides that the first page of a law enforcement departmental information report or a law enforcement departmental crime report face sheet shall include a checkbox indicating whether the incident in question was bias related pursuant to the “hate crime” statute;
   
2. Requires the checkbox ask the following question: “Do you believe this incident was committed in whole or in part because of one or more of the following perceived or actual characteristics of the victim - race, religion, sexual orientation, disability, gender, ethnicity, national origin, association with a person or group with one more of these actual or perceived characteristics”; and,
   
3. Requires all law enforcement agencies to adopt internal policies and fully implement these provisions by July 1, 2018.
   

EXISTING LAW:

1. 
   
2. Defines “hate crime” as a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
   
   1. Disability;
      
   2. Gender;
      
   3. Nationality;
      
   4. Race or ethnicity;
      
   5. Religion;
      
   6. Sexual orientation; and,
      
   7. Association with a person or group with one or more of these actual or perceived characteristics. (Pen. Code, § 422.55, subd. (a).)
      
3. Specifies that “hate crime” includes a violation of statute prohibiting interference with a person’s exercise of civil rights because of actual or perceived characteristics, as listed above. (Pen. Code, § 422.55, subd. (b).)
   
4. States that, in regard to hate crimes, the following definitions shall apply:
   
   1. “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics, as listed above, in the definition of “hate crime”;
      
   2. “Disability” includes mental disability and physical disability as specified;
      
   3. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth;
      
   4. “In whole or in part because of” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic;
      
   5. “Nationality” includes citizenship, country of origin, and national origin;
      
   6. “Race or ethnicity” includes ancestry, color, and ethnic background;
      
   7. “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism;
      
   8. “Sexual orientation” means heterosexuality, homosexuality, or bisexuality; and,
      
   9. “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense. (Pen. Code, § 422.56).
      
5. Requires the Commission on Peace Officer Standards and Training to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. (Pen. Code § 13519.6, subd. (a).)
   
6. Requires the course to include, among other things, instruction on law enforcement procedures, reporting, and documentation of hate crimes. (Pen. Code § 13519.6, subd. (b).)
   
7. Provides that the guidelines developed by the commission shall incorporate certain procedures and techniques, as specified, and shall include a framework and possible content of a general order or other formal policy on hate crimes that all state law enforcement agencies shall adopt and the commission shall encourage all local law enforcement agencies to adopt. The elements of the framework shall include, among other things, a title-by-title specific protocol that agency personnel are required to follow regarding reporting. (Pen. Code, § 13519.6, subd. (c).)
   
8. Declares specific persons to be peace officers for purposes of these provisions. (Pen. Code, § 13519.6, subd. (e).)
   
9. Requires that subject to available funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice (DOJ), in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or format policies on hate crimes and the hate crime pamphlet required by statute. (Pen. Code, § 13023, subd. (a).)
   
10. On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis to the Legislature, as specified. (Pen. Code, § 13023, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “AB 158 would require every police department in California to include a checkbox on the front page of incident report form that would indicate whether a crime is motivated by a victim’s race, gender, ethnicity, sexual orientation, or religious beliefs. Hate crimes are on the rise and accurate reporting of incidents is crucial to address the problem. California is the second most-diverse state in the U.S. according to a Census Bureau report released in 2015. We pride ourselves in leading the charge to decry hate and provide equal protections for all Californians. AB 158 would ensure that if a hate crime does occur, our peace officers are equipped to report them and gather the necessary information to help prosecute such crimes.”
   

Need for Revision of Hate Crime Reporting Policy: According to the DOJ’s 2015 report, Hate Crimes in California, the total number of hate crime events (an occurrence when a hate crime is involved) decreased 35.9 percent from 2006 to 2015. Over the last ten years, filed hate crime complaints decreased 30.5 percent from 2006 to 2015. That being said hate crime events in California increased 10.4 percent from 2014 to 2015. Hate crime offenses increased 8 percent from 2014 to in 2015. (<https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/hatecrimes/hc15/hc15.pdf?> [Apr. 11, 2017].)

With regard to the characteristics and limitations of the data, the DOJ report lists four factors that may influence the volume of hate crimes reported: [1] cultural practices of individuals and their likeliness to report hate crimes to law enforcement agencies; [2] strength and investigative emphasis of law enforcement agencies; [3] policies of law enforcement agencies; and [4] community policing policies. (<https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/hatecrimes/hc15/hc15.pdf?> [Apr. 11, 2017].)
Under current law, local law enforcement agencies are required to report hate crimes to DOJ when appropriate funding is available. (Pen. Code, § 13023.) “The DOJ requested that each law enforcement agency establish procedures incorporating a two-tier review (decision-making) process. The first level is done by the initial officer who responds to the suspected hate crime incident. At the second level, each report is reviewed by at least one other officer to confirm that the event was, in fact, a hate crime.”
(<https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/hatecrimes/hc15/hc15.pdf?> [Apr. 11, 2017].)

This bill requires each local law enforcement agency to include a checkbox on the front page of each information report or crime report face sheet indicating whether the incident was related to a hate crime. This may aide local law enforcement agencies in flagging reports for the two-tiered analysis requested by DOJ for reporting hate crimes. To the extent it does, it would arguably affect the third factor influencing the volume of hate crimes reported to DOJ – i.e., it would arguably have a positive effect on the accuracy of hate crime data.

1. Argument in Support: According to The Arc and United Cerebral Palsy California Collaboration, “While every crime is under-reported, U.S. Department of Justice research shows that hate crimes are especially under-reported. Reporting is critical not just to produce accurate statistics, but because as a practical matter, a hate crime does not exist until a law enforcement officer says it does. No reporting means no enforcement.”
   
2. Related Legislation:
   
   1. AB 1161 (Ting), would require state law enforcement agencies to either adopt or review and revise policies for addressing hate crimes. AB 1161 is pending hearing in the Assembly Committee on Appropriations.
      
   2. AB 39 (Bocanegra) would require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists. AB 39 is being heard in this Committee today.
      
   3. AB 800 (Chiu) would require the Attorney General to establish a public hotline for hate crimes. AB 800 is pending hearing in this Committee today.
      
3. Prior Legislation:
   
   1. AB 2626 (Jones-Sawyer) of the 2015-2016 Legislative Session, would have required POST to develop and disseminate guidelines and training, for all peace officers, on principled policing, specifically, on “procedural justice” and “implicit bias”, as defined. AB 2626 was held in the Assembly Committee on Appropriations.
      
   2. AB 2799 (Saldana), of the 2007-2008 Legislative Session would have allowed each county to either establish a hate crimes commission, or direct an existing board or committee to fulfill the duties of such a commission, for the purpose of reviewing the incidents of hate crime within the county and ensuring that local law enforcement agencies are responding to hate crimes and reporting these crimes to the Attorney General. AB 2799 was moved from the Senate Rules Committee without further action.
      
   3. AB 1673 (Chu), of the 2003-2004 Legislative Session, would have expressed the intent of the Legislature to enact legislation to require local law enforcement agencies to track and report hate crimes and hate incidences to the Attorney General. AB 1673 was held at the Desk.
      
   4. SB 1234 (Kuehl), Chapter 700, Statutes of 2004, required that POST develop hate-crime- specific content for law enforcement training.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Arc and United Cerebral Palsy California Collaboration

Council on American-Islamic Relations, California

Opposition

None

Analysis Prepared by: