Existing law defines 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.

This bill would require the Attorney General to establish, maintain, and publicize a toll-free public hotline telephone number for the reporting of hate crimes, and for the dissemination of information about the characteristics of hate crimes, protected classes, civil remedies, and reporting options. options, as specified. The bill would require the Attorney General to post, maintain, and publicize a reporting form for hate crimes and hate incidents on his or her Internet Web site that can be completed and submitted online. The bill would require the Attorney Generals Internet Web site to provide the public with the same information available through the hotline as described above.

Existing law defines 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 defines 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.

This bill would state the intent of the Legislature to enact legislation to establish a hotline to respond to hate crimes and provide information to support targeted communities.

Date of Hearing: May 17, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 800

Author:(Chiu) – As Amended Ver:May 10, 2017

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

SUMMARY:

This bill requires the Attorney General (AG) to establish a public hotline during business hours for hate crimes. Specifically, this bill:

1. Requires the AG to establish, maintain and publicize a toll-free public hotline telephone number for the following purposes:
   
   1. Reporting hate crimes and connecting with local law enforcement agencies;
      
   2. Connecting people who have experienced or witnessed a hate crime or hate incident to other appropriate local resources; and
      
   3. Disseminating information about the characteristics of hate crimes and hate incidents, classes of individuals protected under relevant hate crime laws, civil remedies that may be available for victims of hate crimes, and reporting options.
      
2. Requires the hotline to be accessible to people with disabilities and people who cannot speak English.
   
3. Requires the AG to post, maintain, and publicize a reporting form, as specified, on the Department of Justice (DOJ) Internet Web site.
   

FISCAL EFFECT:

Unknown costs, in excess of $150,000 (GF), for the DOJ to establish and staff, during business hours, an 800 line for reporting hate crimes, and ensuring the line is accessible to people with disabilities and people who cannot speak English. Staffing resources will also be needed to connect individuals who report with the appropriate local law enforcement agencies.

COMMENTS:

1. Purpose. According to the author, “In the months since the election of President Trump, California has experienced a surge of hate crimes. Reports immediately after the election reached an exceptional 897 incidents in the first 10 days, a third of which directly referenced Trump or one of his campaign slogans.” The author believes a hate crime hotline will help communities hesitant to report incidents, as it would give victims the option to call anonymously and talk to someone about supportive services and reporting options.
2. Background. Current law defines “hate crime” as a criminal act committed, in whole or in part, because of one or more of seven actual or perceived characteristics of the victim, these characteristics include: disability; gender; nationality; race or ethnicity; religion; sexual orientation; and association with a person or group with one or more of these actual or perceived characteristics.

Current law also requires the AG, subject to the availability of funding, to direct local law enforcement agencies to report to DOJ any information that may be required relative to hate crimes.

California, as well as the nation as a whole, has seen a recent increase in hate crime activity. Due to the nature of the communities being targeted, such as immigrant communities, many incidents go unreported for fear of interactions with local law enforcement authorities. Therefore, these communities remain especially vulnerable and often feel as though they lack recourse for being targeted by hate crimes. In an attempt to solve this problem, some states have implemented hate crime hotlines. States that have implemented hotlines, such as New York, Massachusetts, and Maryland, are seeing significant benefits. For example, both the New York and Massachusetts systems have led to increased substantive reports of hate crimes, that validate the fact that these crimes often go unreported.

The 2001 final report of the California Civil Rights Commission on Hate Crimes recommended that the DOJ should establish and publicize a toll-free hotline number for reporting hate incidents and hate crimes, and should post an incident reporting form on its website, which can be completed on-line. AB 800 is consistent with those recommendations.

1. Support. Supporters believe this bill takes an important step toward protecting vulnerable communities from hate crimes.
2. Related Legislation: AB 39 (Bocanegra) requires local law enforcement agencies to forward a summary of any hate crime to the human relations commission in their jurisdiction. AB 39 is in this Committee on Suspense.
   

AB 158 (Chu) requires the Commission on Peace Officer Standards and Training to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. AB 158 is in this Committee on Suspense.

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

Date of Hearing: April 18, 2017

Consultant: Adam Smith

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:March 23, 2017

SUMMARY:

Requires the Attorney General to establish a public hotline for hate crimes. Specifically, this bill:

1. Requires the Attorney General to establish, maintain and publicize a toll-free public hotline telephone number for the following purposes:
   
   1. Reporting hate crimes and connecting with local law enforcement agencies;
      
   2. Connecting people who have experienced or witnessed a hate crime or hate incident to other appropriate local resources; and
      
   3. Disseminating information about the characteristics of hate crimes and hate incidents, classes of individuals protected under relevant hate crime laws, civil remedies that may be available for victims of hate crimes, and reporting options.
      
2. Requires the hotline to be accessible to people with disabilities and people who cannot speak English.
   
3. Requires the Attorney General to post, maintain, and publicize a reporting form, as specified, on his or her Internet Web site.
   
4. Makes legislative findings and declarations regarding the following:
   
   1. The prevalence of hate groups currently operating in California;
      
   2. The recent increase in hate crime incidents and the groups targeted;
      
   3. The need for a statewide hotline to correct the underreporting of hate crimes by creating a safe space for reporting hate crimes or incidents; and
      
   4. The implementation of hate crime hotlines in parts of California and nationwide.

EXISTING LAW:

1. Defines “hate crime” as a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
   
   1. Disability;
      
   2. Gender;
      
   3. Nationality;
      
   4. Race or ethnicity;
      
   5. Religion;
      
   6. Sexual orientation; and
      
   7. Association with a person or group with one or more of these actual or perceived characteristics. (Pen. Code, § 422.55, subd. (a).)
      
2. States that, in regard to hate crimes, the following definitions shall apply:
   
   1. “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime,” as specified;
      
   2. “Disability” includes mental disability and physical disability as specified;
      
   3. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth;
      
   4. “In whole or in part because of” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic.^[1]
      
   5. “Nationality” includes citizenship, country of origin, and national origin;
      
   6. “Race or ethnicity” includes ancestry, color, and ethnic background;
      
   7. “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism;
      
   8. “Sexual orientation” means heterosexuality, homosexuality, or bisexuality; and
      
   9. “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense. (Pen. Code, § 422.56).
      
3. Provides that, subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. (Pen. Code, § 13023.)
   
4. Requires the Commission on Peace Officer Standards and Training to develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. (Pen. Code, § 13519.6, subd. (a).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "In the months since the election of President Trump, California has experienced a surge of hate crimes. Reports immediately after the election reached an exceptional 897 incidents in the first 10 days, a third of which directly referenced Trump or one of his campaign slogans.

“Hate crimes require a priority response because of their unique ability to terrorize and intimidate entire communities. These crimes damage the very fabric of our society because members of minority communities are made to feel fearful and suspicious of other groups and of the institutions that are meant to protect them.

“Establishing a hate crime hotline would be particularly meaningful to communities hesitant to report incidents, as it would give victims the option to call anonymously and talk to someone about supportive services and reporting options.

“In a time of extreme division and hostility, it is our responsibility to ensure the safety of our diverse communities by making it clear that we are serious about prosecuting hate crimes and providing support to victims.”

1. Impact of Hotlines on Addressing Hate Crime: California, as well as the nation as a whole, has seen a recent increase in hate crime activity. Due to the nature of the communities being targeted, such as immigrant communities, many incidents go unreported for fear of interactions with local law enforcement authorities. These communities therefore remain especially vulnerable and often feel as though they lack recourse for being targeted by hate crimes.^[2] In an attempt to solve this problem, several California cities and counties, as well as other states, have implemented hate crime hotlines. States that have implemented hotlines, such as New York, Massachusetts, and Maryland, are seeing significant benefits. For example, both the New York and Massachusetts systems have led to increased substantive reports of hate crimes, which validates the fact that these crimes often go unreported and provides valuable data to law enforcement agencies. In addition, residents have reported that they found value in the ability to contact a sympathetic resource and have their experiences documented, even when the perpetrator remains unidentified and the incident is unresolved. The offices of the Alameda and San Francisco District Attorneys have implemented similar hate crime hotlines expecting similar benefits.^[3]
   

AB 800 would provide valuable resources for vulnerable communities by establishing a hotline to report hate crimes. The hotline, by providing anonymity, will help to address the underreporting of hate crimes by assuaging the fears of targeted communities. In addition, the hotline will be able to direct victims to other resources, such as legal consultation and support services, so that victims are better equipped to address the impacts of being targeted by these crimes.

1. Argument in Support: According to APLA Health, “Over the last year, according to the Southern Poverty Law Center, hate crimes have been on the rise in the United States, driven by extremist ideologies and far-right rhetoric in the political arena. A map released by the Southern Poverty Law Center shows that 79 hate groups are operating in California, the second highest number in the country after Texas. Hate crimes against Asian Pacific Islanders tripled in Los Angeles County alone and hate crimes toward Muslims increased by 122 percent.
   

“Hate crimes often go unreported. According to the most recent Hate Crime Victimization report by the Bureau of Justice Statistics, nearly 2 in 3 hate crimes go unreported to the police, as victims believed the police 'could not or would not help.' The 2001 final report of the California Civil Rights Commission on Hate Crimes recommended that the California Department of Justice should 'establish and publicize a toll-free hotline number for reporting hate incidents and hate crimes, and should post an incident reporting form on its website, which can be completed on-line.'

“AB 800 acts on this recommendation. During times of division and hostility, we must take action to ensure the safety of our diverse communities. AB 800 would take an important step toward protecting communities from hate crimes.”

1. Related Legislation:
   
   1. AB 39 (Bocanegra), would require local law enforcement agencies to forward a summary of any hate crime to the human relations commission in their jurisdiction. AB 39 is scheduled to be heard in this committee today.
      
   2. AB 158 (Chu), would require the Commission on Peace Officer Standards and Training to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. AB 158 is scheduled to be heard in this committee today.
      
   3. AB 1161 (Ting), would require state law enforcement agencies to either adopt or review and revise policies for addressing hate crimes. AB 1161 is pending hearing in the Assembly Appropriations Committee.
      
2. Prior Legislation:
   
   1. AB 2799 (Saldana), of the 2007-2008 Legislative Session would have allowed each county to either establish a hate crimes commission, or direct an existing board or committee to fulfill the duties of such a commission, for the purpose of reviewing the incidents of hate crime within the county and ensuring that local law enforcement agencies are responding to hate crimes and reporting these crimes to the Attorney General. AB 2799 was moved from the Senate Rules Committee without further action.
      
   2. AB 1234 (Kuehl), Chapter 700, Statutes of 2004, required that POST include in their guidelines a framework and possible content of general order or other formal policy on hate crimes that all state law enforcement agencies adopt and local law enforcement agencies would be encouraged to adopt, as specified.
      
   3. AB 1673 (Chu), of the 2003-2004 Legislative Session, would have expressed the intent of the Legislature to enact legislation to require local law enforcement agencies to track and report hate crimes and hate incidences to the Attorney General. AB 1673 died at the Desk.
      
   4. SB 1734 (Murray), of the 1999-2000 Legislative Session, would have stated the intent of the Legislature to enact laws to deter hate-motivated behavior, train teachers, school administrators, and law enforcement personnel regarding hate groups and hate-motivated behavior. SB 1734 was removed from the Senate Rules Committee without further action.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Equality California (Sponsor)

APLA Health

The Arc

United Cerebral Palsy California

Opposition

None

Analysis Prepared by:

1. 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; ↑

2. <http://www.lahumanrelations.org/hatecrime/reports/2013_hateCrimeReport.pdf> (as of March 29, 2017) ↑

3. <http://www.npr.org/2017/02/18/515209900/massachusetts-hotline-tracks-post-election-hate?utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20170218> (as of April 3, 2017.); <http://sanfrancisco.cbslocal.com/2016/11/18/san-francisco-hate-crime-hotline-donald-trump-election/>; <http://www.alcoda.org/newsroom/2016/nov/hate_crimes_hotline> (as of April 3, 2017.) ↑