AB 1985: Hate crimes: law enforcement policies.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-13
Existing law defines a hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would allow a local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police.
Existing law defines a hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would allow a local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police.
Existing law defines a hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would allow a local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police.
Existing law defines a hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would allow a local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police.
Existing law defines a hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that adopts a hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation.
The Legislature finds and declares the following:
(a)The 2016 Hate Crime in California report by the Attorney General found that from 2015 to 2016, hate crime events increased by 11.2 percent and violent hate crime offenses increased by 5.5 percent in the same year.
(b)There are 79 hate groups in California, mostly in the San Francisco Bay, Sacramento, and Los Angeles areas.
(c)It is the intent of the Legislature to protect the people of California by updating and upgrading enforcement of hate crime laws and by standardizing procedures in law enforcement agencies throughout the state.
SEC. 2.Section 422.56 of the Penal Code is amended to read:422.56.For purposes of this title, the following definitions shall apply:
(a)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 listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b)Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(c)Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)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. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)Nationality includes citizenship, country of origin, and national origin.
(f)Race or ethnicity includes ancestry, color, and ethnic background.
(g)Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)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.
SEC. 3.Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:2.5.Law Enforcement Agency Policies422.87.(a)Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
(1)The definitions in Sections 422.55 and 422.56.
(2)The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(3)(A)Information regarding bias motivation.
(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(C)(i)In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(ii)In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(4)Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting.
(5)A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(6)A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(7)A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(8)The title or titles of the officer or officers responsible for assuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(9)A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
(b)Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
The Legislature finds and declares the following:
(a)The 2016 Hate Crime in California report by the Attorney General found that from 2015 to 2016, hate crime events increased by 11.2 percent and violent hate crime offenses increased by 5.5 percent in the same year.
(b)There are 79 hate groups in California, mostly in the San Francisco Bay, Sacramento, and Los Angeles areas.
(c)It is the intent of the Legislature to protect the people of California by updating and upgrading enforcement of hate crime laws and by standardizing procedures in law enforcement agencies throughout the state.
SEC. 2.Section 422.56 of the Penal Code is amended to read:422.56.For purposes of this title, the following definitions shall apply:
(a)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 listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b)Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(c)Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)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. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)Nationality includes citizenship, country of origin, and national origin.
(f)Race or ethnicity includes ancestry, color, and ethnic background.
(g)Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)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.
SEC. 3.Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:2.5.Law Enforcement Agency Policies422.87.(a)Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
(1)The definitions in Sections 422.55 and 422.56.
(2)The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(3)(A)Information regarding bias motivation.
(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(C)(i)In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(ii)In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(4)Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting.
(5)A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(6)A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(7)A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(8)The title or titles of the officer or officers responsible for assuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(9)A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
(b)Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
The Legislature finds and declares the following:
(a)The 2015 2016 Hate Crime in California report by the Attorney General found that from 2014 to 2015, 2015 to 2016, hate crime events increased by 10.4 11.2 percent and violent hate crime offenses increased by 11.3 5.5 percent in the same year.
(b)There are 79 hate groups in California, mostly in the San Francisco Bay, Sacramento, and Los Angeles areas.
(c)It is the intent of the Legislature to protect the people of California by updating and upgrading enforcement of hate crime laws and by standardizing procedures in law enforcement agencies throughout the state.
SEC. 2.Section 422.56 of the Penal Code is amended to read:422.56.For purposes of this title, the following definitions shall apply:
(a)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 listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b)Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(c)Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)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. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)Nationality includes citizenship, country of origin, and national origin.
(f)Race or ethnicity includes ancestry, color, and ethnic background.
(g)Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)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.
SEC. 3.Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:2.5.Law Enforcement Agency Policies422.87.(a)Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
(1)The definitions in Sections 422.55 and 422.56.
(2)The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(3)(A)Information regarding bias motivation.
(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(C)(i)In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(ii)In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(4)Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting.
(5)A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(6)A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(7)A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(8)The title or titles of the officer or officers responsible for assuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(9)A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
(b)Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
The Legislature finds and declares the following:
(a)The 2015 Hate Crime in California report by the Attorney General found that from 2014 to 2015, hate crime events increased by 10.4 percent and violent hate crime offenses increased by 11.3 percent in the same year.
(b)There are 79 hate groups in California, mostly in the San Francisco Bay, Sacramento, and Los Angeles areas.
(c)It is the intent of the Legislature to protect the people of California by updating and upgrading enforcement of hate crime laws and by standardizing procedures in law enforcement agencies throughout the state.
SEC. 2.Section 422.56 of the Penal Code is amended to read:422.56.For purposes of this title, the following definitions shall apply:
(a)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 listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b)Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code regardless of whether those disabilities that are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
(c)Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)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. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)Nationality includes citizenship, country of origin, and national origin.
(f)Race or ethnicity includes ancestry, color, and ethnic background.
(g)Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)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.
SEC. 3.Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:2.5.Law Enforcement Agency Policies422.87.(a)Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
(a)(1)The definitions in Sections 422.55 and 422.56.
(b)(2)The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(c)(1) Information(3)(A)Information regarding bias motivation.
(2)(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(3)(A)In(C)(i)In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any evidence indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(B)(ii)In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any evidence indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(d)(4)Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting.
(e)(5)A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(f)(6)A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(g)(7)A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(h)(8)The title or titles of the officer or officers responsible for assuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(i)(9)A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
(b)Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
The Legislature finds and declares the following:
(a)The 2015 Hate Crime in California report by the Attorney General found that from 2014 to 2015, hate crime events increased by 10.4 percent and violent hate crime offenses increased by 11.3 percent in the same year.
(b)There are 79 hate groups in California, mostly in the San Francisco Bay, Sacramento, and Los Angeles areas.
(c)It is the intent of the Legislature to protect the people of California by updating and upgrading enforcement of hate crime laws and by standardizing procedures in law enforcement agencies throughout the state.
SEC. 2.Section 422.56 of the Penal Code is amended to read:422.56.For purposes of this title, the following definitions shall apply:
(a)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 listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b)Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code. Code regardless of whether those disabilities that are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
(c)Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)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. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)Nationality includes citizenship, country of origin, and national origin.
(f)Race or ethnicity includes ancestry, color, and ethnic background.
(g)Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)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.
SEC. 3.Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:2.5.Law Enforcement Agency Policies422.87.Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency hate crimes policy shall include, but not be limited to, all of the following:
(a)The definitions in Sections 422.55 and 422.56.
(b)The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(c)(1)Information regarding bias motivation.
(2)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(3)(A)In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any evidence that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(B)In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any evidence that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(d)Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting.
(e)A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(f)A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(g)A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(h)The title or titles of the officer or officers responsible for assuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(i)A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
|
Date
|
Status
|
|---|---|
| Jun 13, 2018 | Chaptered by Secretary of State - Chapter 26, Statutes of 2018. |
| Jun 13, 2018 | Approved by the Governor. |
| Jun 7, 2018 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jun 4, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| May 21, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after May 23 pursuant to Assembly Rule 77. |
| May 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| May 16, 2018 | Read second time. Ordered to Consent Calendar. |
| May 15, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 15). |
| Apr 30, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Apr 19, 2018 | Referred to Com. on PUB. S. |
| Mar 15, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 15, 2018 | Read third time. Passed. Ordered to the Senate. |
| Mar 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Mar 6, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (March 6). |
| Mar 1, 2018 | Re-referred to Com. on PUB. S. |
| Feb 28, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 8, 2018 | Referred to Com. on PUB. S. |
| Feb 1, 2018 | From printer. May be heard in committee March 3. |
| Jan 31, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 4, 2018 | AB 1985 TING Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| May 21, 2018 | Consent Calendar AB1985 | Senate Floor |
Passed |
|
| May 15, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Mar 15, 2018 | SA - 858941, Third Reading | Assembly Floor |
Passed |
|
| Mar 6, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Human Relations Organization | ** Support | May 16, 2018 |
| California Church Impact | ** Support | May 16, 2018 |
| California Commission on Aging | ** Support | May 16, 2018 |
| California Council of Churches Impact | ** Support | Mar 5, 2018 |
| California NAACP | ** Support | May 16, 2018 |
| Coalition for Humane Immigrant Rights | ** Support | May 16, 2018 |
| Council on American-Islamic Relations, California | ** Support | May 16, 2018 |
| Equality California | ** Support | May 16, 2018 |
| Feminist Majority Foundation | ** Support | May 16, 2018 |
| sikh american legal defense and education fund | ** Support | May 16, 2018 |
| The Arc California | ** Support | May 16, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1985
Author:(Ting)
As Amended Ver:April 30, 2018
Majority vote
ASSEMBLY: | 66-0 | (March 15, 2018) | SENATE: | 39-0 | (May 21, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Provides that local law enforcement agencies must include certain requirements and definitions into a hate crimes policy manual if they decide to adopt or update a hate crimes policy manual.
The Senate amendments make changes in the legislative findings and declarations to update data regarding hate crimes.
EXISTING LAW:
- 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.
- Requires all state and local agencies to use the above definition when using the term ''hate crime.''
- 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.
- Provides that the guidelines developed by the Commission on Peace Officers Standards and Training (POST) 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, but not be limited to, the following:
- A message from the law enforcement agency's chief executive officer to the agency's officers and staff concerning the importance of hate crime laws and the agency's commitment to enforcement;
- The definition of ''hate crime'', as specified;
- References to hate crime statutes as specified; and
- A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
- Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
- Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
- Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
- Providing victim assistance and follow-up, including community follow-up.
- Reporting.
AS PASSED BY THE ASSEMBLY, this bill:
- Found and declared that:
- Hate crime events and violent hate crime offenses in California have risen;
- There are 79 hate groups in California, most of which are concentrated in the San Francisco Bay, Sacramento, and Los Angeles areas; and,
- It is the intent of the Legislature to protect the people of California by upgrading and standardizing the procedures used to enforce hate crime laws.
- Amended the definition of ''disability'' for purposes of hate crimes laws, to specify that the term covers disabilities irrespective of the fact that they may be temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
- Required a local law enforcement agency, if it adopted or updated a hate crime policy, to include, but not be limited to, all of the following:
- Specified definitions related to hate crimes;
- The content of the model policy framework as developed by the Commission on Peace Officer Standards and Training (POST), and any future revisions or additions the made by the commission, as specified;
- Information about bias motivation;
- A definition of bias motivation and examples of what it may look like, as specified;
- A list of indicators officers should consider when gathering information in a suspected disability-bias hate crime, as specified;
- A requirement, for officers faced with a suspected disability-bias hate crime, to determine if the perpetrator perceived the victim to be vulnerable, to then consider whether the perpetrator targeted the victim with a perceived disability while not targeting other vulnerable-appearing persons such as inebriated persons, and if such circumstances were found, to mark it as a suspected hate crime;
- Information regarding the general underreporting of hate crimes and the more extreme underreporting of anti-disability and anti-gender hate crimes along with a plan to remedy the underreporting;
- A protocol for reporting suspected hate crimes to the Department of Justice;
- A checklist of first responder responsibilities, as specified;
- A specific procedure for transmitting and updating the policy, including a simple and immediate way for officers to access the policy in the field when needed;
- The title of any officers responsible for assuring the department has a hate crime brochure; and,
- A requirement that all officers be familiar with and carry out the policy at all times unless otherwise directed.
- Provided that a local law enforcement agency must include any provisions of a model hate crimes policy developed by the International Association of Chiefs of Police so long as it is consistent with the above requirements.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Hate crimes are on the rise in California. The Attorney General's 2015 Hate Crime in California report the found that from 2014 to 2015, hate crime events increased by 10.4% and violent hate crime offenses increased by 11.3% in the same year. With the rise in hate and intolerant rhetoric coming from the federal government, we must prepare our law enforcement agencies to respond to the growing number of hate crimes. AB 1985 provides a framework on how law enforcement agencies should update their hate crime policy protocols, resources, and responsibilities, and help prevent future incidents.''
Analysis Prepared by: Mureed Rasool / PUB. S. / (916) 319-3744 FN: 0002975
David Billingsley
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1985
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/15/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: 66-0, 3/15/18 (Consent) - See last page for vote
The Arc California
DIGEST:
This bill clarifies that temporary, permanent, congenital disabilities or disabilities acquired by heredity, accidents, injuries, advanced age, or illness are protected under hate crime laws and to require law enforcement agencies to update or adopt existing hate crime policies.
Existing law:
- Defines “hate crime” as a criminal act committed, in part or in whole, because of one or more of the following actual or perceived characteristics of the victim. (Pen. Code, § 422.55, subd. (a).):
- Disability
- Gender
- Nationality
- Race or ethnicity
- Religion
- Sexual orientation
- Association with a person or group with one or more of these actual or perceived characteristics
- Defines “disability” to include mental disability and physical disability. (Pen. Code, § 422.56, subd. (b)).
- 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).)
- Requires the Commission on Peace Officer Standards and Training (Commission) shall 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).)
- Requires the Commission to include instruction in each of the following (Pen. Code, § 13519.6, subd. (b)(1)-(7)):
- Instruction on indicators of hate crimes
- The impact on victims
- Knowledge of the laws and remedies
- Law enforcement procedures, reporting, and documentation of hate crimes
- Techniques and methods to handle incidents in a non-combative manner
- Multi-mission criminal extremism
- The special problems inherent in some categories of hate crimes
This bill clarifies that the definition of “disability” includes those disabilities that are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness and requires local law enforcement agency to update their hate crime policies.
Background
Journalists and policy advocates popularized the term “hate crime” in the 1980’s to describe incidents directed at Jewish, Asian, and Black individuals. Referred to in some jurisdictions as "bias crimes," hate crimes are generally defined as crimes that are, "committed not out of animosity toward the victim as an individual, but out of hostility toward the group to which the victim belongs".
Hate crime perpetrators target their victims based on discrimination against immutable characteristics such as actual or perceived age, color, disability, gender, gender identity, national origin, race, sex, and sexual orientation. Immutability can be characterized in one of two ways. Some characteristics, such as age, disability, and race, cannot be altered by an individual's voluntary act. However, other characteristics, such as religion and gender, can only be altered with substantial cost or difficulty to the individual. Although not literally immutable, scholars contend that, “the power of a constructed category can be so overwhelming, and its terms, assumptions, and normative social requirements so deeply ingrained into the members of society, that it is experienced at the individual level as immutable”. This implies that some characteristics that are entirely possible for individuals to change, such as religion, have such a powerful impact on the construction of individual identity that they effectively operate as if they were unchangeable.
Today, 49 states have hate crime statutes that vary in regard to the groups protected under hate crime laws. The Department of Justice (DOJ) published a 2016 study on the prevalence of hate crimes. From 2007 to 2016, hate crimes have overall decreased by 34.7%. However, there was an 11.2% increase in number of hate crime events from 2015 to 2016 or 837 to 931 cases respectively.
Racism driven hate crimes are the most common accounting for 57% of all cases since 2007. Hate crimes with an anti-Black bias motivation continue to be the most common hate crime, accounting for 31.3% of all hate crime events since 2007. Sexual orientation bias driven hate crimes comprise of 22.5% of all causes and religion bias driven hate crimes account for 17.9% of hate crimes. In 2016, 64.5% of hate crimes were violent crime offenses and 35% were property crime offenses.
The US DOJ published a National Crime Victimization Survey estimating the nonfatal violent crime against persons age 12 or older with disabilities. Disabilities were classified according to six categories: hearing, vision, cognitive, ambulatory, self-care, and independent living.
During the five-year aggregate period from 2011 to 2015, the rate of violent victimization against persons with disabilities was at least 2.5 times the rate for those without disabilities. A study in 2012 revealed that there were a total of 92 anti-disability hate crimes reported to law enforcement. Eighteen of those cases were motivated by bias against persons with physical disabilities and 74 by bias against those with mental disabilities. The rates of their victimization may be higher because individuals may report crime less frequently, often because of the nature of their cognitive or physical disabilities.
This bill specifies that temporary, permanent, congenital disabilities or disabilities acquired by heredity, accidents, injuries, advanced age, or illness are protected under hate crime laws.
The author indicated that Sacramento, the San Francisco Bay Area, and Los Angeles have the greatest concentrations of hate crimes. Sacramento established general orders on bias motivated crimes detailing the definition of hate crimes, how to assess motivation behind a possible incident, and law enforcement response procedures. The initial response should entail stabilizing the scene, ensuring victims and witnesses are safe, securing all potential evidence, etc. There should be a follow up investigation delegated to the Felony Assaults Unit. The Unit shall conduct a second-tier review of all crime and incident reports marked “bias” to ensure proper classification. The reports should then be sent to the DOJ each month.
The San Francisco or Los Angeles hate crimes policy was inaccessible online however; San Francisco published information on their Hate Crimes Unit. The Unit was formed in December 1990 and currently, there are two full-time investigators assigned to the Unit. The investigator’s responsibilities are investigating incidents, interact with community-based organizations concerned with civil rights issues, investigate civil bias motivated complaints, and provide training to law enforcement officers in the area. Los Angeles assembled a Hate Crime Task Force responsible for reviewing reporting methods, training, and actions taken by the Los Angeles Police Department anytime a hate crime is involved.
This bill states that local law enforcement agencies may adopt new hate crimes policies. Those agencies that updates or adopts hate crime policies shall include information on bias motivation, procedures, and responsibilities.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Equality California (co-source)
The Arc California (co-source)
California Association of Human Relations Organization
California Church IMPACT
California Commission on Aging
California NAACP
Center for the Study of Hate & Extremism at California State University, San Bernardino
Coalition for Humane Immigrant Rights
Council on American-Islamic Relations, California
Feminist Majority Foundation
Sikh American Legal Defense and Education Fund
OPPOSITION: (Verified 5/15/18)
None received
ASSEMBLY FLOOR: 66-0, 3/15/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Baker, Berman, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Mullin, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Arambula, Bigelow, Bloom, Brough, Chau, Chávez, Daly, Cristina Garcia, Medina, Melendez, Nazarian
5/16/18 10:26:25
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1985 Hearing Date: May 15, 2018
Author: | Ting | ||
Version: | April 30, 2018 | ||
Urgency: | No | Fiscal: | No |
Consultant: | EC | ||
Subject: Hate Crimes: Law Enforcement Policies
HISTORY
Source: Equality California
The Arc California
Prior Legislation: AB 1161 (Ting), 2017, died in Assembly Appropriations
SR 55 (Skinner), 2017, adopted by the Senate
Support: California Association of Human Relations Organization; California Commission on Aging; California Church IMPACT; California NAACP; Center for the Study of Hate & Extremism at California State University, San Bernardino; Coalition for Humane Immigrant Rights; Council on American-Islamic Relations, California; Feminist Majority Foundation; Sikh American Legal Defense and Education Fund
Opposition: None known
Assembly Floor Vote: 66 - 0
PURPOSE
The purpose of this bill is to clarify that temporary, permanent, congenital disabilities or disabilities acquired by heredity, accidents, injuries, advanced age, or illness are protected under hate crime laws and to require law enforcement agencies to update or adopt existing hate crime policies.
Existing law defines “hate crime” as a criminal act committed, in part or in whole, because of one or more of the following actual or perceived characteristics of the victim. (Pen. Code, § 422.55, subd. (a).):
- Disability
- Gender
- Nationality
- Race or ethnicity
- Religion
- Sexual orientation
- Association with a person or group with one or more of these actual or perceived characteristics
Existing law defines “disability” to include mental disability and physical disability. (Pen. Code, § 422.56, subd. (b)).
Existing law 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).)
This bill clarifies that the definition of “disability” includes those disabilities that are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
Existing law requires the Commission on Peace Officer Standards and Training shall 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).)
Existing law requires the commission to include instruction in each of the following (Pen. Code, § 13519.6, subd. (b)(1)-(7)):
- Instruction on indicators of hate crimes
- The impact on victims
- Knowledge of the laws and remedies
- Law enforcement procedures, reporting, and documentation of hate crimes
- Techniques and methods to handle incidents in a non-combative manner
- Multi-mission criminal extremism
- The special problems inherent in some categories of hate crimes
This bill states that each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
- The definitions of “hate crime” and associated factors, as specified;
- The content of the model policy framework that the Commission on Peace Officer Standards and Training developed, and any content that the commission may revise or add in the future;
- Information regarding bias motivation;
- Information regarding the general underreporting of hate crimes, particularly of anti-disability and anti-gender hate crimes;
- A protocol for reporting suspected hate crimes to the Department of Justice;
- A checklist of first responder responsibilities;
- A specific procedure for transmitting and periodically retransmitting the policy to all officers;
- The title or titles of the officer or officers responsible for the department’s hate crime brochure;
- A requirement that all officers be familiar and carry out the policy unless directed otherwise; and
- Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California.
This bill defines “bias motivation” as a preexisting negative attitude toward actual or perceived characteristics.
COMMENTS
1. Need for This Bill
The author states:
Hate crimes are on the rise in California. The 2017 Hate Crime in California report by the Attorney General found that from 2015 to 2016, hate crime events increased by 11.2% and violent hate crime offenses increased by 5.5% in the same year. With the rise in hate and intolerant rhetoric coming from the federal government, we must prepare our law enforcement agencies to respond to the growing number of hate crimes. AB 1985 provides a framework on how law enforcement agencies should update their hate crime policy protocols, resources, and responsibilities in order to help prevent future incidents.
2. Hate Crimes
Journalists and policy advocates popularized the term “hate crime” in the 1980’s to describe incidents directed at Jewish, Asian, and Black individuals. Referred to in some jurisdictions as "bias crimes," hate crimes are generally defined as crimes that are, "committed not out of animosity toward the victim as an individual, but out of hostility toward the group to which the victim belongs".[1]
Hate crime perpetrators target their victims based on discrimination against immutable characteristics such as actual or perceived age, color, disability, gender, gender identity, national origin, race, sex, and sexual orientation. Immutability can be characterized in one of two ways. Some characteristics, such as age, disability, and race, cannot be altered by an individual's voluntary act. However, other characteristics, such as religion and gender, can only be altered with substantial cost or difficulty to the individual. Although not literally immutable, scholars contend that, "the power of a constructed category can be so overwhelming, and its terms, assumptions, and normative social requirements so deeply ingrained into the members of society, that it is experienced at the individual level as immutable”.[2] This implies that some characteristics that are entirely possible for individuals to change, such as religion, have such a powerful impact on the construction of individual identity that they effectively operate as if they were unchangeable.
3. Hate Crimes on the Rise in California
Today, 49 states have hate crime statutes that vary in regard to the groups protected under hate crime laws.[3] The Department of Justice (DOJ) published a 2016 study on the prevalence of hate crimes. From 2007 to 2016, hate crimes have overall decreased by 34.7%. However, there was an 11.2% increase in number of hate crime events from 2015 to 2016 or 837 to 931 cases respectively.
Racism driven hate crimes are the most common accounting for 57% of all cases since 2007. Hate crimes with an anti-Black bias motivation continue to be the most common hate crime, accounting for 31.3% of all hate crime events since 2007. Sexual orientation bias driven hate crimes comprise of 22.5% of all causes and religion bias driven hate crimes account for 17.9% of hate crimes. In 2016, 64.5% of hate crimes were violent crime offenses and 35% were property crime offenses.[4]
4. Hate Crimes against People with Disabilities
The US DOJ published a National Crime Victimization Survey estimating the nonfatal violent crime against persons age 12 or older with disabilities. Disabilities were classified according to six categories: hearing, vision, cognitive, ambulatory, self-care, and independent living.
During the 5-year aggregate period from 2011 to 2015, the rate of violent victimization against persons with disabilities was at least 2.5 times the rate for those without disabilities.[5] A study in 2012 revealed that there were a total of 92 anti-disability hate crimes reported to law enforcement. Eighteen of those cases were motivated by bias against persons with physical disabilities and 74 by bias against those with mental disabilities.[6] The rates of their victimization may be higher because individuals may report crime less frequently, often because of the nature of their cognitive or physical disabilities.
This bill specifies that temporary, permanent, congenital disabilities or disabilities acquired by heredity, accidents, injuries, advanced age, or illness are protected under hate crime laws.
5. Peace Officer Hate Crime Training
The author indicated that Sacramento, the San Francisco Bay Area, and Los Angeles have the greatest concentrations of hate crimes. Sacramento established general orders on bias motivated crimes detailing the definition of hate crimes, how to assess motivation behind a possible incident, and law enforcement response procedures. The initial response should entail stabilizing the scene, ensuring victims and witnesses are safe, securing all potential evidence, etc. There should be a follow up investigation delegated to the Felony Assaults Unit. The unit shall conduct a second-tier review of all crime and incident reports marked “bias” to ensure proper classification. The reports should then be sent to the DOJ each month.[7]
The San Francisco or Los Angeles hate crimes policy was inaccessible online however; San Francisco published information on their Hate Crimes Unit. The Unit was formed in December 1990 and currently, there are two full-time investigators assigned to the Unit. The investigator’s responsibilities are investigating incidents, interact with community-based organizations concerned with civil rights issues, investigate civil bias motivated complaints, and provide training to law enforcement officers in the area. Los Angeles assembled a Hate Crime Task Force responsible for reviewing reporting methods, training, and actions taken by the Department anytime a hate crime is involved.[8]
This bill states that local law enforcement agencies may adopt new hate crimes policies. Those agencies that updates or adopts hate crime policies shall include information on bias motivation, procedures, and responsibilities.
6. Argument in Support
According to Equality California:
Hate crimes have unique repercussions, extending beyond the individual targeted to others in their community, creating a sense of isolation and vulnerability to harm among people with shared core characteristics. In addition, hate crimes are significantly more likely to be violent compared to other crimes and often cause longer-lasting trauma. They can also spark retaliatory hate crimes, perpetuating the cycle of hate violence.
California’s hate crime laws provide protection based on a person’s actual or perceived race or ethnicity, nationality, religion, disability, gender identity and expression, and sexual orientation. Enumerating each of these groups raises awareness of the impact of hate crimes on each of these communities, and on the broader communities of which they are a part.
AB 1985 provides guidance for local law enforcement agencies to update and strengthen their policies on hate crimes, focusing on recognizing hate crimes when they have occurred, engaging in appropriate response given the targeted community and the broader community, and fostering a community environment that prevents future hate crimes and incidents from occurring.
-- END –
Beverly A. McPhail and Diana M. DiNitto, “Prosecutorial Perspectives on Gender-Bias Hate Crimes,” Violence Against Women 11, no. 9 (September 1, 2005): 1162–85, https://doi.org/10.1177/1077801205277086. ↑
Samuel Marcosson, “Constructive Immutability,” University of Pennsylvania Journal of Constitutional Law 3, no. 2 (April 1, 2001): 646. ↑
“Hate Crime,” National Institute of Justice, accessed April 27, 2018, https://www.nij.gov:443/topics/crime/hate-crime/pages/welcome.aspx. ↑
“State of California Department of Justice - OpenJustice,” accessed April 27, 2018, https://openjustice.doj.ca.gov/2016/hate. ↑
“Bureau of Justice Statistics (BJS) - Crime Against Persons with Disabilities, 2009-2015 - Statistical Tables,” accessed April 27, 2018, https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5986. ↑
Michael R. Rand, “Crimes Against Persons with Disabilities,” in Encyclopedia of Crime and Punishment, by David Levinson (2455 Teller Road, Thousand Oaks California 91320 United States: SAGE Publications, Inc., 2002), https://doi.org/10.4135/9781412950664.n102. ↑
“GO-52404-Bias-Motivated-Crimes.Pdf,” accessed April 27, 2018, https://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/GO-52404-Bias-Motivated-Crimes.pdf?la=en. ↑
“What LAPD Is Doing to Fight Hate Crimes - Los Angeles Police Department,” accessed April 27, 2018, http://www.lapdonline.org/get_informed/content_basic_view/8812. ↑
Date of Hearing:
Consultant: Mureed Rasool
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1985
Author:(Ting) – As Introduced Ver:
SUMMARY:
Provides that local law enforcement agencies must include certain requirements and definitions into a hate crimes policy manual if they decide to adopt or update a hate crimes policy manual. Specifically, this bill:
- Finds and declares that:
- Hate crime events and violent hate crime offenses in California have risen;
- There are 79 hate groups in California, most of which are concentrated in the San Francisco Bay, Sacramento, and Los Angeles areas; and,
- It is the intent of the Legislature to protect the people of California by upgrading and standardizing the procedures used to enforce hate crime laws.
- Hate crime events and violent hate crime offenses in California have risen;
- Amends the definition of “disability” for purposes of hate crimes laws, to specify that the term covers disabilities irrespective of the fact that they may be temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
- Requires a local law enforcement agency, if it adopts or updates a hate crime policy, to include, but not be limited to, all of the following:
- Specified definitions related to hate crimes;
- The content of the model policy framework as developed by the Commission on Peace Officer Standards and Training (POST), and any future revisions or additions the made by the commission, as specified;
- Information about bias motivation;
- A definition of bias motivation and examples of what it may look like, as specified;
- A list of indicators officers should consider when gathering information in a suspected disability-bias hate crime, as specified;
- A requirement, for officers faced with a suspected disability-bias hate crime, to determine if the perpetrator perceived the victim to be vulnerable, to then consider whether the perpetrator targeted the victim with a perceived disability while not targeting other vulnerable-appearing persons such as inebriated persons, and if such circumstances were found, to mark it as a suspected hate crime;
- Information regarding the general underreporting of hate crimes and the more extreme underreporting of anti-disability and anti-gender hate crimes along with a plan to remedy the underreporting;
- A protocol for reporting suspected hate crimes to the Department of Justice;
- A checklist of first responder responsibilities, as specified;
- A specific procedure for transmitting and updating the policy, including a simple and immediate way for officers to access the policy in the field when needed;
- The title of any officers responsible for assuring the department has a hate crime brochure; and,
- A requirement that all officers be familiar with and carry out the policy at all times unless otherwise directed.
- Specified definitions related to hate crimes;
- Provides that a local law enforcement agency may include any provisions of a model hate crimes policy developed by the International Association of Chiefs of Police so long as it is consistent with the above requirements.
EXISTING LAW:
- 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).)
- Requires all state and local agencies to use the above definition when using the term “hate crime.” (Pen. Code, § 422.9.)
- 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).)
- Provides that the guidelines developed by the Commission on Peace Officers Standards and Training (POST) 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, but not be limited to, the following:
- A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement;
- The definition of “hate crime”, as specified;
- References to hate crime statutes as specified; and
- A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
- Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
- Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
- Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
- Providing victim assistance and follow-up, including community follow-up.
- Reporting. (Pen. Code § 13519.6, subd. (c).)
- Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
- A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Hate crimes are on the rise in California. The Attorney General’s 2015 Hate Crime in California report the found that from 2014 to 2015, hate crime events increased by 10.4% and violent hate crime offenses increased by 11.3% in the same year. With the rise in hate and intolerant rhetoric coming from the federal government, we must prepare our law enforcement agencies to respond to the growing number of hate crimes. AB 1985 provides a framework on how law enforcement agencies should update their hate crime policy protocols, resources, and responsibilities, and help prevent future incidents.”
- Background and Possible Consequences of Implementing Bill: 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, hate crime events in California have been 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.
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.” Even with the two-tiered system in place, the DOJ still lists the policies of law enforcement agencies as one of four factors possibly influencing the volume of hate crimes reported.
(<https://openjustice.doj.ca.gov/resources/publications> [Feb. 9, 2018].)
Out of the three areas mentioned in the bill as having the greatest concentrations of hate groups—Sacramento, San Francisco Bay, and Los Angeles—the only policy language covering procedures for hate crimes that this Committee was able to locate online, was a General Order (524.04) posted by the Sacramento Police Department (SPD). The General Order details the department’s protocol for identifying and dealing with bias motivated crimes. It also, among other things, defines what a bias motivated crime is, clarifies that a determination of whether the crime was bias motivated need not be made at the scene, orders officers to not argue with the victim if the victim is of the belief that the crime was bias motivated, gives a list of factors to include when assessing possible motivations, requires officers to notify a field supervisor if they believe the crime was bias motivated, and it orders that the station commander be informed before the follow-up investigation is delegated to the Felony Assaults Unit in accordance with the DOJ’s two-tiered analysis mandate. (<https://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/GO-52404-Bias-Motivated-Crimes.pdf?la=en> [Feb. 9, 2018].)
The Los Angeles Police Department (LAPD) website posted its manual (Volume 1, Section 522), which states its general policy, but does not discuss specific procedures. Among other things, it states, “When any act motivated by hatred or prejudice occurs, the Department will ensure that it is dealt with on a priority basis and use every necessary legal resource to rapidly and decisively identify the suspects and bring them to justice.” (<http://www.lapdonline.org/lapd_manual/volume_1.htm#522> [Feb. 9, 2018].)
The San Francisco Police Department (SFPD) policy was not able to be located online by this committee. (<http://sanfranciscopolice.org/dgO> [Feb. 9, 2018].)
Although these local law enforcement agencies vary in their approach to dealing with hate crimes, parts of this bill may possibly stifle future progress. This bill would not mandate a local law enforcement agency to adopt or update a policy; instead, it imposes numerous requirements that come into effect only if an agency does decide to adopt or update one. These various requirements may dissuade an agency from adopting or updating an existing policy. - Argument in Support: According to Equality California, “Here in California, the Attorney General’s annual Hate Crime in California reports show that hate crimes with a sexual orientation bias have consistently been the second most common type of hate crime reported in our state for more than ten years, and accounted for nearly a quarter of all hate crimes reported over each of the past three years. Hate crimes with a bias against gay men in particular increased over 40 percent between 2015 and 2016. In 2015, hate crimes against transgender and gender non-conforming people accounted for over 90 percent of the reported hate crimes based on gender in California.
“California’s hate crime laws provide protection based on a person’s actual or perceived race or ethnicity, nationality, religion, disability, gender identity and expression, and sexual orientation. Enumerating each of these groups raises awareness of the impact of hate crimes on each of these communities, and on the broader communities of which they are a part.
“AB 1985 provides guidance for local law enforcement agencies to update and strengthen their policies on hate crimes, focusing on recognizing hate crimes when they have occurred, engaging in appropriate response given the targeted community and the broader community, and fostering a community environment that prevents future hate crimes and incidents from occurring.”
- Related Legislation: AB 1757 (Chu), would require the first page of a law enforcement crime report or information sheet to reflect whether an incident was related to a hate crime. AB 1757 is being heard in this Committee today.
- Prior Legislation:
- AB 1161 (Ting), of the 2017-2018 Legislative Session, was similar to this bill except that, among other things, it would have made it a requirement for each state law enforcement agency to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
- 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.
- 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.
- 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 died at the Desk.
- AB 1161 (Ting), of the 2017-2018 Legislative Session, was similar to this bill except that, among other things, it would have made it a requirement for each state law enforcement agency to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
REGISTERED SUPPORT / OPPOSITION:
Support
The Arc and United Cerebral Palsy California Collaboration (Co-Sponsor)
Equality California (Co-Sponsor)
Council on American-Islamic Relations
Coalition for Humane Immigrant Rights
National Association for the Advancement of Colored People
California Council of Churches IMPACT
California Association of Human Relations Organization
Opposition
None
Analysis Prepared by:
Mureed Rasool / PUB. S. / (916) 319-3744
Date of Hearing: March 6, 2018
Consultant: Mureed Rasool
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Provides that local law enforcement agencies must include certain requirements and definitions into a hate crimes policy manual if they decide to adopt or update a hate crimes policy manual. Specifically, this bill:
- Finds and declares that:
- Hate crime events and violent hate crime offenses in California have risen;
- There are 79 hate groups in California, most of which are concentrated in the San Francisco Bay, Sacramento, and Los Angeles areas; and,
- It is the intent of the Legislature to protect the people of California by upgrading and standardizing the procedures used to enforce hate crime laws.
- Hate crime events and violent hate crime offenses in California have risen;
- Amends the definition of “disability” for purposes of hate crimes laws, to specify that the term covers disabilities irrespective of the fact that they may be temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.
- Requires a local law enforcement agency, if it adopts or updates a hate crime policy, to include, but not be limited to, all of the following:
- Specified definitions related to hate crimes;
- The content of the model policy framework as developed by the Commission on Peace Officer Standards and Training (POST), and any future revisions or additions the made by the commission, as specified;
- Information about bias motivation;
- A definition of bias motivation and examples of what it may look like, as specified;
- A list of indicators officers should consider when gathering information in a suspected disability-bias hate crime, as specified;
- A requirement, for officers faced with a suspected disability-bias hate crime, to determine if the perpetrator perceived the victim to be vulnerable, to then consider whether the perpetrator targeted the victim with a perceived disability while not targeting other vulnerable-appearing persons such as inebriated persons, and if such circumstances were found, to mark it as a suspected hate crime;
- Information regarding the general underreporting of hate crimes and the more extreme underreporting of anti-disability and anti-gender hate crimes along with a plan to remedy the underreporting;
- A protocol for reporting suspected hate crimes to the Department of Justice;
- A checklist of first responder responsibilities, as specified;
- A specific procedure for transmitting and updating the policy, including a simple and immediate way for officers to access the policy in the field when needed;
- The title of any officers responsible for assuring the department has a hate crime brochure; and,
- A requirement that all officers be familiar with and carry out the policy at all times unless otherwise directed.
- Specified definitions related to hate crimes;
- Provides that a local law enforcement agency may include any provisions of a model hate crimes policy developed by the International Association of Chiefs of Police so long as it is consistent with the above requirements.
EXISTING LAW:
- 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).)
- Requires all state and local agencies to use the above definition when using the term “hate crime.” (Pen. Code, § 422.9.)
- 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).)
- Provides that the guidelines developed by the Commission on Peace Officers Standards and Training (POST) 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, but not be limited to, the following:
- A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement;
- The definition of “hate crime”, as specified;
- References to hate crime statutes as specified; and
- A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
- Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
- Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
- Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
- Providing victim assistance and follow-up, including community follow-up.
- Reporting. (Pen. Code § 13519.6, subd. (c).)
- Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
- A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Hate crimes are on the rise in California. The Attorney General’s 2015 Hate Crime in California report the found that from 2014 to 2015, hate crime events increased by 10.4% and violent hate crime offenses increased by 11.3% in the same year. With the rise in hate and intolerant rhetoric coming from the federal government, we must prepare our law enforcement agencies to respond to the growing number of hate crimes. AB 1985 provides a framework on how law enforcement agencies should update their hate crime policy protocols, resources, and responsibilities, and help prevent future incidents.”
- Background and Possible Consequences of Implementing Bill: 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, hate crime events in California have been 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.
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.” Even with the two-tiered system in place, the DOJ still lists the policies of law enforcement agencies as one of four factors possibly influencing the volume of hate crimes reported.
(<https://openjustice.doj.ca.gov/resources/publications> [Feb. 9, 2018].)
Out of the three areas mentioned in the bill as having the greatest concentrations of hate groups—Sacramento, San Francisco Bay, and Los Angeles—the only policy language covering procedures for hate crimes that this Committee was able to locate online, was a General Order (524.04) posted by the Sacramento Police Department (SPD). The General Order details the department’s protocol for identifying and dealing with bias motivated crimes. It also, among other things, defines what a bias motivated crime is, clarifies that a determination of whether the crime was bias motivated need not be made at the scene, orders officers to not argue with the victim if the victim is of the belief that the crime was bias motivated, gives a list of factors to include when assessing possible motivations, requires officers to notify a field supervisor if they believe the crime was bias motivated, and it orders that the station commander be informed before the follow-up investigation is delegated to the Felony Assaults Unit in accordance with the DOJ’s two-tiered analysis mandate. (<https://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/GO-52404-Bias-Motivated-Crimes.pdf?la=en> [Feb. 9, 2018].)
The Los Angeles Police Department (LAPD) website posted its manual (Volume 1, Section 522), which states its general policy, but does not discuss specific procedures. Among other things, it states, “When any act motivated by hatred or prejudice occurs, the Department will ensure that it is dealt with on a priority basis and use every necessary legal resource to rapidly and decisively identify the suspects and bring them to justice.” (<http://www.lapdonline.org/lapd_manual/volume_1.htm#522> [Feb. 9, 2018].)
The San Francisco Police Department (SFPD) policy was not able to be located online by this committee. (<http://sanfranciscopolice.org/dgO> [Feb. 9, 2018].)
Although these local law enforcement agencies vary in their approach to dealing with hate crimes, parts of this bill may possibly stifle future progress. This bill would not mandate a local law enforcement agency to adopt or update a policy; instead, it imposes numerous requirements that come into effect only if an agency does decide to adopt or update one. These various requirements may dissuade an agency from adopting or updating an existing policy. - Argument in Support: According to Equality California, “Here in California, the Attorney General’s annual Hate Crime in California reports show that hate crimes with a sexual orientation bias have consistently been the second most common type of hate crime reported in our state for more than ten years, and accounted for nearly a quarter of all hate crimes reported over each of the past three years. Hate crimes with a bias against gay men in particular increased over 40 percent between 2015 and 2016. In 2015, hate crimes against transgender and gender non-conforming people accounted for over 90 percent of the reported hate crimes based on gender in California.
“California’s hate crime laws provide protection based on a person’s actual or perceived race or ethnicity, nationality, religion, disability, gender identity and expression, and sexual orientation. Enumerating each of these groups raises awareness of the impact of hate crimes on each of these communities, and on the broader communities of which they are a part.
“AB 1985 provides guidance for local law enforcement agencies to update and strengthen their policies on hate crimes, focusing on recognizing hate crimes when they have occurred, engaging in appropriate response given the targeted community and the broader community, and fostering a community environment that prevents future hate crimes and incidents from occurring.”
- Related Legislation: AB 1757 (Chu), would require the first page of a law enforcement crime report or information sheet to reflect whether an incident was related to a hate crime. AB 1757 is being heard in this Committee today.
- Prior Legislation:
- AB 1161 (Ting), of the 2017-2018 Legislative Session, was similar to this bill except that, among other things, it would have made it a requirement for each state law enforcement agency to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
- 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.
- 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.
- 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 died at the Desk.
- AB 1161 (Ting), of the 2017-2018 Legislative Session, was similar to this bill except that, among other things, it would have made it a requirement for each state law enforcement agency to either adopt or review and revise policies for addressing hate crimes. AB 1161 was held in the Assembly Committee on Appropriations.
REGISTERED SUPPORT / OPPOSITION:
Support
The Arc and United Cerebral Palsy California Collaboration (Co-Sponsor)
Equality California (Co-Sponsor)
Council on American-Islamic Relations
Coalition for Humane Immigrant Rights
National Association for the Advancement of Colored People
California Council of Churches IMPACT
California Association of Human Relations Organization
Opposition
None
Analysis Prepared by:
Bill Author
Bill Co-Author(s):