This measure would express that the Legislature strongly denounces and opposes the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis and urges federal law enforcement to use the full extent of the nations laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts.

WHEREAS, The tragic events that took place on August 12, 2017, in Charlottesville, Virginia prove that white nationalism and neo-Nazism remain very real threats to our nations social and racial progress; and

WHEREAS, Throughout the course of our nations history, white nationalism has promoted intimidation and violent repression of individuals solely on the basis of their race, ethnicity, religion, sexual orientation, and immigration status; and

WHEREAS, Today, white nationalism has attempted to reinvent itself, self-identifying as the Alt-Right, yet their present-day rhetoric and terrorism conjure painful memories of our nations past; and

WHEREAS, While free speech is a bedrock value for Americans, white nationalist and neo-Nazi groups promote agendas that are dangerous to public safety and the welfare of our communities because they incite and promote lawless actions and utilize language for the purpose of inciting an immediate breach of the peace by provoking fights and violence; and

WHEREAS, White nationalism and neo-Nazism are continuing to grow as menaces to societal order that seek to reignite social animosities, reverse improvements in race relations, divide the nation, and foment hatred, classism, and ethnic eradication; and

WHEREAS, The white nationalist and neo-Nazi message of racial and social intolerance has led to senseless acts of violence that continue to terrorize individuals and communities; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature strongly denounces and opposes the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis; and be it further

Resolved, That the Legislature urges federal law enforcement to use the full extent of the nations laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, to the Attorney General of the United States, and to the author for appropriate distribution.

SENATE THIRD READING

STR Bill Id:SJR 13

Author:(Skinner)

As Introduced Ver:August 21, 2017

Majority vote

SENATE VOTE: 37-0

SUMMARY: Urges federal law enforcement to use the full extent of the nation's laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts. Specifically, this resolution states:

1. Whereas, the tragic events that took place on August 12, 2017, in Charlottesville, Virginia prove that white nationalism and neo-Nazism remain very real threats to our nation's social and racial progress; and
2. Whereas, throughout the course of our nation's history, white nationalism has promoted intimidation and violent repression of individuals solely on the basis of their race, ethnicity, religion, sexual orientation, and immigration status; and
3. Whereas, today, white nationalism has attempted to reinvent itself, self-identifying as the "Alt-Right," yet their present-day rhetoric and terrorism conjure painful memories of our nation's past; and
4. Whereas, while free speech is a bedrock value for Americans, white nationalist and neo-Nazi groups promote agendas that are dangerous to public safety and the welfare of our communities because they incite and promote lawless actions and utilize language for the purpose of inciting an immediate breach of the peace by provoking fights and violence; and
5. Whereas, white nationalism and neo-Nazism are continuing to grow as menaces to societal order that seek to reignite social animosities, reverse improvements in race relations, divide the nation, and foment hatred, classism, and ethnic eradication; and
6. Whereas, the white nationalist and neo-Nazi message of racial and social intolerance has led to senseless acts of violence that continue to terrorize individuals and communities; now, therefore, be it
7. Resolved by the Senate and the Assembly of the State of California, jointly, that the Legislature strongly denounces and opposes the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis; and be it further
8. Resolved, that the Legislature urges federal law enforcement to use the full extent of the nation's laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts; and be it further
9. Resolved, that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, to the Attorney General of the United States, and to the author for appropriate distribution.

EXISTING LAW:

1. Defines "hate crime" as any 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.
2. States that "association" with a person or group with the actual or perceived characteristics protected by the hate crime statutes 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."
3. Provides that a hate crime includes, but is not limited to, a violation of interference with the exercise of civil rights because of actual or perceived characteristics of the victim.
4. Provides that a person who interferes with the exercise of another's civil rights because of the actual or perceived characteristics of the victim, or of defacing the property of such a victim with the purpose intimidation or interference of the exercise of civil rights, is guilty of a misdemeanor punishable with imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000, or by both the above imprisonment and fine, and requires the defendant to perform community service, not to exceed 400 hours.
5. Provides that a person who commits a felony motived by bias, or attempts to commit a bias-motivated felony, except as specified, shall receive an additional term of one, two, or three years in the state prison, at the court's discretion.
6. Provides that a person who commits a felony motived by bias, or attempts to commit a bias-motivated felony, except as specified, and who voluntarily acted in concert with another person in the commission of the crime shall receive an additional term of two, three, or four years in the state prison, at the court's discretion.
7. Provides that a person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.
8. Provides that whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
9. Provides that whoever, whether or not acting under color of law, in any specified circumstance willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

FISCAL EFFECT: Unknown. This resolution is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "The horrific events in Charlottesville and elsewhere prove that violent white nationalism and neo-Nazism remain very real threats. These groups' intent is to terrorize our communities, so it makes sense to prosecute them as terrorists. Racist terrorism as expressed by these white nationalist groups is not welcome in California. Taking these actions, California will help ensure that racist and hateful groups can be prosecuted to the fullest extent of the law."

Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0002276

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SJR 13 Hearing Date: August 29, 2017

Subject: White Nationalist and Neo-Nazi Groups: Prosecution

HISTORY

Source: Author sponsored

Support: Alameda County District Attorney’s Office; Los Angeles County District Attorney’s Office

Opposition: None known

PURPOSE

This measure expresses that the Legislature stands in strong denunciation and opposition to the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that white nationalists and neo-Nazis promote. The measure further urges federal law enforcement to use the full extent of the nation’s laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalists and neo-Nazis who come into our communities and commit violent and destructive acts.

Existing law provides that any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. (Pen. Code § 422.)

Existing law 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: (Pen. Code § 422.55.)

• Disability;
• Gender;
• Nationality;
• Race or ethnicity;
• Religion;
• Sexual orientation; or
• Association with a person or group with one or more of these actual or perceived characteristics, as defined.

Existing law provides that no person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed. (Pen. Code § 422.6, subd. (a).)

Existing law provides that no person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim. (Pen. Code § 422.6, subd. (b).)

Existing law provides that any person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. (Pen. Code § 422.6, subd. (c).)

Existing federal law provides that whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. These provisions apply when the offenses involve actual or perceived race, color, religion, or national origin. (18 U.S.C. § 249, subd. (a)(1).)

Existing federal law provides that whoever, whether or not acting under color of law, in any specified circumstance willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the

offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. These provisions apply when the specified conduct involves actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (18 U.S.C. § 249, subd. (a)(2).)

This resolution states that whereas, the tragic events that took place on August 12, 2017, in Charlottesville, Virginia prove that white nationalism and neo-Nazism remain very real threats to our nation’s social and racial progress.

This resolution states that whereas, throughout the course of our nation’s history, white nationalism has promoted intimidation and violent repression of individuals solely on the basis of their race, ethnicity, religion, sexual orientation, and immigration status.

This resolution states that whereas, today, white nationalism has attempted to reinvent itself, self-identifying as the “Alt-Right,” yet their present-day rhetoric and terrorism conjure painful memories of our nation’s past.

This resolution states that whereas, while free speech is a bedrock value for Americans, white nationalist and neo-Nazi groups promote agendas that are dangerous to public safety and the welfare of our communities because they incite and promote lawless actions and utilize language for the purpose of inciting an immediate breach of the peace by provoking fights and violence.

This resolution states that whereas, white nationalism and neo-Nazism are continuing to grow as menaces to societal order that seek to reignite social animosities, reverse improvements in race relations, divide the nation, and foment hatred, classism, and ethnic eradication.

This resolution states that whereas, the white nationalist and neo-Nazi message of racial and social intolerance has led to senseless acts of violence that continue to terrorize individuals and communities.

This resolution resolves by the Senate and the Assembly of the State of California, jointly, that the Legislature strongly denounces and opposes the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis.

This resolution resolves that the Legislature urges federal law enforcement to use the full extent of the nation’s laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts.

This resolution resolves that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, to the Attorney General of the United States, and to the author for appropriate distribution.

COMMENTS

1. Need for This Resolution

According to the author:

-- END –

1. “A Look at the Data on Domestic Terrorism and Who’s Behind It.” By Miriam Valverde ↑

 THIRD READING 

Bill No: SJR 13

Author: Skinner (D), et al.

Introduced: 8/21/17

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 8/29/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SUBJECT: White nationalist and neo-Nazi groups: prosecution

SOURCE: Author

DIGEST:

This resolution expresses that the Legislature stands in strong denunciation and opposition to the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that white nationalists and neo-Nazis promote. This resolution further urges federal law enforcement to use the full extent of the nation’s laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalists and neo-Nazis who come into our communities and commit violent and destructive acts.

ANALYSIS:

Existing law:

1. Provides that any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. (Pen. Code § 422.)
2. Defines “hate crime” as a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (Pen. Code § 422.55.)
   1. Disability;
   2. Gender;
   3. Nationality;
   4. Race or ethnicity;
   5. Religion;
   6. Sexual orientation; or
   7. Association with a person or group with one or more of these actual or perceived characteristics, as defined.
3. Provides that no person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed. (Pen. Code § 422.6, subd. (a).)
4. Provides that no person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim. (Pen. Code § 422.6, subd. (b).)
5. Provides that any person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000, or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. (Pen. Code § 422.6, subd. (c).)
6. Provides under federal law that whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. These provisions apply when the offenses involve actual or perceived race, color, religion, or national origin. (18 U.S.C. § 249, subd. (a)(1).)
7. Provides under federal law that whoever, whether or not acting under color of law, in any specified circumstance willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. These provisions apply when the specified conduct involves actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. (18 U.S.C. § 249, subd. (a)(2).)

This resolution:

1. States that whereas, the tragic events that took place on August 12, 2017, in Charlottesville, Virginia prove that white nationalism and neo-Nazism remain very real threats to our nation’s social and racial progress.
2. States that whereas, throughout the course of our nation’s history, white nationalism has promoted intimidation and violent repression of individuals solely on the basis of their race, ethnicity, religion, sexual orientation, and immigration status.
3. States that whereas, today, white nationalism has attempted to reinvent itself, self-identifying as the “Alt-Right,” yet their present-day rhetoric and terrorism conjure painful memories of our nation’s past.
4. States that whereas, while free speech is a bedrock value for Americans, white nationalist and neo-Nazi groups promote agendas that are dangerous to public safety and the welfare of our communities because they incite and promote lawless actions and utilize language for the purpose of inciting an immediate breach of the peace by provoking fights and violence.
5. States that whereas, white nationalism and neo-Nazism are continuing to grow as menaces to societal order that seek to reignite social animosities, reverse improvements in race relations, divide the nation, and foment hatred, classism, and ethnic eradication.
6. States that whereas, the white nationalist and neo-Nazi message of racial and social intolerance has led to senseless acts of violence that continue to terrorize individuals and communities.
7. Resolves by the Senate and the Assembly of the State of California, jointly, that the Legislature strongly denounces and opposes the totalitarian impulses, violent terrorism, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis.
8. Resolves that the Legislature urges federal law enforcement to use the full extent of the nation’s laws, including, but not limited to, statutes related to terrorism and hate crimes, to prosecute white nationalist and neo-Nazi individuals who come into our communities and commit violent and destructive acts.
9. Resolves that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, to the Attorney General of the United States, and to the author for appropriate distribution.

Background

Federal hate crimes were first passed in 1968 under the Johnson Administration. Originally, hate crimes made it a crime to use force, threaten force, to willfully interfere with any person because of race, color, religion, or national origin and because the person is participating in a federally protected activity (e.g. public education, employment, jury service, travel, enjoyment of public accommodations, etc.). Additionally, in 1968 Congress also criminalized the use of force, or threats to interfere with housing rights because of the victim’s race, color, religion, sex, or national origin. In 1988, protections on the basis of familial status were added. Congress passed the Church Arson Prevention Act of 1996. Under the Act, it is a criminal act to deface, damage, or destroy religious or real property, or to interfere with a person’s religious practice in situations affecting interstate commerce. The Act additionally bars the defacing, damaging, or destroying religious property because of the race, color, or ethnicity of persons associated with the property.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was passed by Congress and signed into law by President Obama in 2009. This Act expanded the federal definition of hate crimes, and increasing cooperation between federal, state, and local law enforcement. The law removed jurisdictional obstacles and added new federal protections against crimes committed based on gender, disability, gender identity and sexual orientation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/29/17)

Alameda County District Attorney’s Office

Los Angeles County District Attorney’s Office

OPPOSITION: (Verified 8/29/17)

None received

ARGUMENTS IN SUPPORT: According to the Alameda County District Attorney’s Office, “While free speech is a bedrock value for Americans, white nationalist and neo-Nazi groups promote agendas that are dangerous to public safety and welfare of our communities because they incite and promote lawless actions and utilize language for the purpose of inciting an immediate breach of the peace by provoking fights and violence. The current aggressive nature of hate speech and conduct has heightened the moral imperative to stand up for what is right.”

Prepared by:

8/29/17 15:17:14

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