SB 630: Crimes: hate crimes.

Session Year: 2017-2018
House: Senate

Version:

Existing law defines a hate crime as a criminal act committed, in whole or in part, because of the victims disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Existing law also defines as a hate crime a criminal act committed because of the victims association with a person or group with one or more of these actual or perceived characteristics. Existing law defines association for these purposes as including advocacy for or identification with people who have one or more of these actual or perceived characteristics, or as being on the ground owned or rented by, or adjacent to, a community center, educational facility, office, meeting hall, place of worship, private institution, public agency, or library that is identified with people who have these actual or perceived characteristics.

Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.

This bill would revise the definition of association for these purposes and would include representation, defense, or support of a person or group that has one or more of the above specified characteristics, whether by an individual or a public or private entity.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies are required to report to the Department of Justice, this bill would impose a state-mandated local program.

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

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes.Existing law restricts some of these funds by requiring a participating county that plans to use these funds to increase housing capacity to certify in writing that it is not presently, nor will it for a period of 10 years following the completion of construction, lease jail housing capacity to any private or public entity.This bill would require a county that plans to use certain of these funds for an adult local criminal justice facility proposal that is approved by the Board of State and Community Corrections on or after January 1, 2018, to certify in writing that it is not and will not for a period of 10 years following the completion of facility, lease housing capacity to any private or public entity, except for leases with the state or another county.

Discussed in Hearing