Existing law requires every person or agency dealing with crimes or criminals to maintain the records necessary to report statistical data, and to report statistical data to the Department of Justice and the Attorney General. Existing law requires the Attorney General, subject to the availability of adequate funding, to direct local law enforcement agencies to report information related to hate crimes, as defined, to the Department of Justice.

This bill would require specified reports of law enforcement agencies to include a check box and specified question that indicate whether an incident was bias-related. a suspected hate crime. The bill would require law enforcement agencies to implement the provisions of the bill on or before July 1, 2019. By imposing requirements on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires every person or agency dealing with crimes or criminals to maintain the records necessary to report statistical data, and to report statistical data to the Department of Justice and the Attorney General. Existing law requires the Attorney General, subject to the availability of adequate funding, to direct local law enforcement agencies to report information related to hate crimes, as defined, to the Department of Justice.

This bill would require specified reports of law enforcement agencies to include a check box and specified question that indicate whether an incident was bias-related. The bill would require law enforcement agencies to implement the provisions of the bill on or before July 1, 2019. By imposing requirements on local law enforcement agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1757

Author:(Weber) – As Amended Ver:March 23, 2018

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

SUMMARY:

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

1. Requires the first page of a law enforcement information report or crime report to include a checkbox indicating whether the incident was a suspected hate crime pursuant to the “hate crime” statute.
   
2. States that the check box shall be accompanied by the following question: “Is there any indication that the offender was motivated, in whole or in part, by bias against one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics?”
   
3. Requires all law enforcement agencies to fully implement these provisions by July 1, 2019.

FISCAL EFFECT:

1. Unknown, potentially significant reimbursable state mandate to local law enforcement agencies by requiring new forms, new procedures, and personnel training to adopt and implement the policies by July 1, 2019. There are over 800 local law enforcement agencies. If half of these agencies were to submit a claim for $2,000 for the first year, the first year implementation costs would be $800,000 (GF).
2. Significant one-time costs (GF and special funds), likely in the several hundreds of thousands of dollars, to state agencies, including the California Highway Patrol (CHP), The California Department of Corrections and Rehabilitation (CDCR), the California Department of Fish and Wildlife, the California Department of Parks and Recreation, and others agencies whose law enforcement personnel prepare crime reports. For example, one agency, CDCR, reports costs of $50,000 to $100,000 to implement the requirements of this bill just for CDCR. It is likely that other state agencies will have similar costs.

COMMENTS:

1. Background. A law enforcement officer is required to complete a crime report whenever he or she obtains information about a possible crime, such as when making an arrest. The crime report must include information pertinent to the alleged crime, including information about whether the alleged crime is a possible hate crime. In addition, law enforcement agencies are required to report information to DOJ on all hate crimes. DOJ staff compiles this information to produce a detailed annual report that describes the types and number of hate crimes, the outcomes of cases of alleged hate crimes, trends over time in the number of hate crimes, and detailed information on the location of hate crimes.
2. Purpose. According to the author:

AB 1757 requires for there to be a checkbox on the front page of a peace officer’s incident report form that would indicate whether a crime was potentially motivated by the victim’s race, gender, ethnicity, sexual orientation, or religious belief. Hate crimes are on the rise and accurate reporting of incidents is crucial to address the problem.

1. Prior legislation. AB 158 (Chu), of current legislative session, was substantially similar to this bill. AB 158 was held on this committee’s suspense file.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1757

Author:(Weber) – As Amended Ver:

SUMMARY:

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

1. Requires the first page of a law enforcement departmental information report or crime report cover sheet to include a checkbox indicating whether the incident in question was a suspected hate crime pursuant to the “hate crime” statute.
   
2. States that the check box shall be accompanied by the following question: “Is there any indication that the offender was motivated, in whole or in part, by bias against one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics?”
   
3. Requires all law enforcement agencies to fully implement these provisions by July 1, 2019.

EXISTING LAW:

1. Defines “hate crime” as “a criminal act committed, in part or in whole, because of actual or perceived characteristics of the victim, including: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of the previously listed actual or perceived characteristics.” (Pen. Code, § 422.55, subd. (a).)
   
2. Requires all state and local agencies to use the above definition when using the term “hate crime.” (Pen. Code, § 422.9.)
   
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. Mandates the Commission on Peace Officer Standards and Training (POST) to include a law enforcement training course that, among other things, provides instructions on law enforcement procedures, reporting, and documentation of hate crimes. (Pen. Code, § 13519.6, subds. (a) & (b).)
   
5. Requires POST to develop a framework and possibly a general order or formal policy regarding hate crimes that all state law enforcement agencies must 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)(4)(E).)
   
6. Provides that POST must encourage local law enforcement agencies to adopt any such policies. (Pen. Code, § 13519.6, subd. (c).)
   
7. Directs the Department of Justice (DOJ) to collect, analyze, and make publicly available, information related to criminal statistics. (Pen. Code, § 13010, subds. (a), (e), & (g).)
   
8. Requires the DOJ to direct, subject to the availability of adequate funding, local law enforcement agencies to report information related to hate crimes to the DOJ in a manner so prescribed. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required by statute. (Pen. Code, § 13023, subd. (a).)
   
9. Mandates that on or before July 1 of each year, the DOJ 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 1757 requires for there to be a checkbox on the front page of a peace officer’s incident report form that would indicate whether a crime was potentially motivated by the victim’s race, gender, ethnicity, sexual orientation, or religious belief. 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. This bill would ensure that if a hate crime does occur, our peace officers are equipped with effective tools to prosecute such crimes.”

1. Need for Revision of Hate Crime Reporting Policy: According to the DOJ’s 2016 report, Hate Crimes in California, the total number of hate crime events (an occurrence when a hate crime is involved) decreased 34.7 percent from 2007 to 2016. Filed hate crime complaints decreased 30.5 percent from 2006 to 2015.
   
   That being said, in the past few years hate crime events in California have been back on the rise; there was a 10.4 percent rise from 2014 to 2015, and then another 11.2 percent rise from 2015 to 2016. The total number of hate crime events, offenses, victims, and suspects had all increased in 2016.
   (<https://openjustice.doj.ca.gov/resources/publications> [Feb. 1, 2018].)
   
   In both its 2015 and 2016 reports, the DOJ lists the same four possible factors that may adversely 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?> [Feb. 1, 2018].)
   
   Under current law, local law enforcement agencies are required to report hate crimes to DOJ when appropriate funding is available. (Pen. Code, § 13023.) According to its 2015 report, “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?> [Feb. 1, 2018].)
   
   This bill would require each law enforcement agency in the state 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 aid local law enforcement agencies in flagging reports for the two-tiered analysis requested by DOJ for reporting hate crimes. The policy change would arguably address the third factor influencing the volume of hate crimes reported—i.e., it would implement a statewide policy designed to better ensure that a hate crime gets accurately reported as such.
   
2. 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. Your bill [AB 1757] could be a major step toward better reporting and better protection of all Californians.”
   
3. Argument in Opposition: According to the California State Sheriffs’ Association, “It is unclear that the information sought by this bill is not already being reported pursuant to existing law. AB [1757] appears to mainly add a new step to crime reporting undertaken by law enforcement toward no clear goal. The details of a report are likely to discuss the presence of bias as appropriate, and it is unclear how adding a check box will bolster hate crime reporting or shed new light on already reported information.

“While we appreciate the perceived concern about hate crimes and reporting, this bill is an unfunded mandate that appears unlikely to remedy any actual or perceived problem. For these reasons, we must respectfully oppose AB 1757.”

1. Related Legislation:
   
   1. AB 1985 (Ting), would amend the definition of “disability” as defined under the hate crime statute to clarify exactly what types of disabilities are included. The bill also would impose guidelines for hate crime policies developed by local law enforcement agencies. AB 1985 will be heard in this Committee today.
      
   2. SB 630 (Skinner), would amend the definition of “hate crimes” to specify that association with a person or group with protected characteristics includes representing or defending or supporting one of the said groups. SB 630 is currently in the Assembly Committee on Appropriations.
      
2. Prior Legislation:
   
   1. AB 158 (Chu), of the 2017-2018 Legislative Session was identical to this bill. AB 158 died in the Assembly Committee on Appropriations.
      
   2. AB 1161 (Ting), of the 2017-2018 Legislative Session, would have required state law enforcement agencies to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
      
   3. AB 39 (Bocanegra), of the 2017-2018 Legislative Session, would have required 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 existed. AB 39 was held in the Assembly Committee on Appropriations.
      
   4. AB 800 (Chiu), of the 2017-2018 Legislative Session, would have required the Attorney General to establish a public hotline for hate crimes. AB 800 was held in the Assembly Committee on Appropriations.
      
   5. 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.
      
   6. 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.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Anti-Defamation League

Arc & United Cerebral Palsy California Collaboration

California Asian Pacific American Bar Association

California Association of Human Relations Organization
Jewish Public Affairs Committee of California
Association of Regional Center Agencies

California Council of Churches IMPACT

California State Conference of the National Association for the Advancement of Colored People

Catholic Charities

Center for the Study of Hate & Extremism at California State University, San Bernardino

Opposition

California Law Enforcement Association of Records Supervisors, Inc.

California State Sheriffs’ Association

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1757

Author:(Chu) – As Introduced Ver:

SUMMARY:

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

1. Requires the first page of a law enforcement departmental information report or crime report cover sheet to include a checkbox indicating whether the incident in question was bias related pursuant to the “hate crime” statute.
   
2. States that the check box shall be accompanied by the following question: “Do you believe this incident was committed in whole or in part because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics?”
   
3. Requires all law enforcement agencies to fully implement these provisions by July 1, 2019.

EXISTING LAW:

1. Defines “hate crime” as “a criminal act committed, in part or in whole, because of actual or perceived characteristics of the victim, including: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of the previously listed actual or perceived characteristics.” (Pen. Code, § 422.55, subd. (a).)
   
2. Requires all state and local agencies to use the above definition when using the term “hate crime.” (Pen. Code, § 422.9.)
   
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. Mandates the Commission on Peace Officer Standards and Training (POST) to include a law enforcement training course that, among other things, provides instructions on law enforcement procedures, reporting, and documentation of hate crimes. (Pen. Code, § 13519.6, subds. (a) & (b).)
   
5. Requires POST to develop a framework and possibly a general order or formal policy regarding hate crimes that all state law enforcement agencies must 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)(4)(E).)
   
6. Provides that POST must encourage local law enforcement agencies to adopt any such policies. (Pen. Code, § 13519.6, subd. (c).)
   
7. Directs the Department of Justice (DOJ) to collect, analyze, and make publicly available, information related to criminal statistics. (Pen. Code, § 13010, subds. (a), (e), & (g).)
   
8. Requires the DOJ to direct, subject to the availability of adequate funding, local law enforcement agencies to report information related to hate crimes to the DOJ in a manner so prescribed. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required by statute. (Pen. Code, § 13023, subd. (a).)
   
9. Mandates that on or before July 1 of each year, the DOJ 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 1757 requires for there to be a checkbox on the front page of a peace officer’s incident report form that would indicate whether a crime was potentially motivated by the victim’s race, gender, ethnicity, sexual orientation, or religious belief. 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. This bill would ensure that if a hate crime does occur, our peace officers are equipped with effective tools to prosecute such crimes.”

1. Need for Revision of Hate Crime Reporting Policy: According to the DOJ’s 2016 report, Hate Crimes in California, the total number of hate crime events (an occurrence when a hate crime is involved) decreased 34.7 percent from 2007 to 2016. Filed hate crime complaints decreased 30.5 percent from 2006 to 2015.
   
   That being said, in the past few years hate crime events in California have been back on the rise; there was a 10.4 percent rise from 2014 to 2015, and then another 11.2 percent rise from 2015 to 2016. The total number of hate crime events, offenses, victims, and suspects had all increased in 2016.
   (<https://openjustice.doj.ca.gov/resources/publications> [Feb. 1, 2018].)
   
   In both its 2015 and 2016 reports, the DOJ lists the same four possible factors that may adversely 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?> [Feb. 1, 2018].)
   
   Under current law, local law enforcement agencies are required to report hate crimes to DOJ when appropriate funding is available. (Pen. Code, § 13023.) According to its 2015 report, “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?> [Feb. 1, 2018].)
   
   This bill would require each law enforcement agency in the state 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 aid local law enforcement agencies in flagging reports for the two-tiered analysis requested by DOJ for reporting hate crimes. The policy change would arguably address the third factor influencing the volume of hate crimes reported—i.e., it would implement a statewide policy designed to better ensure that a hate crime gets accurately reported as such.
   
2. 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. Your bill [AB 1757] could be a major step toward better reporting and better protection of all Californians.”
   
3. Argument in Opposition: According to the California State Sheriffs’ Association, “It is unclear that the information sought by this bill is not already being reported pursuant to existing law. AB 1735 [sic] appears to mainly add a new step to crime reporting undertaken by law enforcement toward no clear goal. The details of a report are likely to discuss the presence of bias as appropriate, and it is unclear how adding a check box will bolster hate crime reporting or shed new light on already reported information.

“While we appreciate the perceived concern about hate crimes and reporting, this bill is an unfunded mandate that appears unlikely to remedy any actual or perceived problem. For these reasons, we must respectfully oppose AB 1757.”

1. Related Legislation:
   
   1. AB 1985 (Ting), would amend the definition of “disability” as defined under the hate crime statute to clarify exactly what types of disabilities are included. The bill also would impose guidelines for hate crime policies developed by local law enforcement agencies. AB 1985 will be heard in this Committee today.
      
   2. SB 630 (Skinner), would amend the definition of “hate crimes” to specify that association with a person or group with protected characteristics includes representing or defending or supporting one of the said groups. SB 630 is currently in the Assembly Committee on Appropriations.
      
2. Prior Legislation:
   
   1. AB 158 (Chu), of the 2017-2018 Legislative Session was identical to this bill. AB 158 died in the Assembly Committee on Appropriations.
      
   2. AB 1161 (Ting), of the 2017-2018 Legislative Session, would have required state law enforcement agencies to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
      
   3. AB 39 (Bocanegra), of the 2017-2018 Legislative Session, would have required 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 existed. AB 39 was held in the Assembly Committee on Appropriations.
      
   4. AB 800 (Chiu), of the 2017-2018 Legislative Session, would have required the Attorney General to establish a public hotline for hate crimes. AB 800 was held in the Assembly Committee on Appropriations.
      
   5. 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.
      
   6. 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.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Council of Churches IMPACT

Center for the Study of Hate & Extremism at California State University, San Bernardino

Arc & United Cerebral Palsy California Collaboration

California Association of Human Relations Organization
Jewish Public Affairs Committee of California

Opposition

California State Sheriffs’ Association

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744