AB 1947: Hate crimes: law enforcement policies.

(a)Subject to the availability of adequate funding, the Attorney General, in consultation with subject matter experts, as defined in Section 422.55, 13519.6, shall direct 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.

(c)The report required by subdivision (a) shall also include any of the following items that the department finds the agency has failed to submit in any previous year that it was required:

(1)Hate crime policies.

(2)Hate crime brochures.

(3)Any other information required by the Attorney General in the previous year.

(d)(1)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that have complied with subdivision (a) and other relevant laws in the report year and the names of any agencies that have failed to comply with those laws. The information also shall include the names of any agencies that failed to comply in the both the report year and the previous year, regardless of whether any information is required of compliant agencies in the report year. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(2) On or before July 1, 2025, again by no later that July 1, 2028, and thereafter whenever all law enforcement agencies are required to submit their hate crime policies and brochures to the department pursuant to subdivision (b), the Department of Justice shall update the OpenJustice Web portal with the names of agencies that have and have not complied with the requirement. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)For purposes of this section, hate crime has the same meaning as in Section 422.55.

(a)The commission, in consultation with subject matter experts, as defined in Section 422.55, 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. Hate crimes, for purposes of this section, has the same meaning as in Section 422.55.

(b)The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:

(1)Indicators of hate crimes.

(2)The impact of these crimes on the victim, the victims family, and the community, and the assistance and compensation available to victims.

(3)Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.

(4)Law enforcement procedures, reporting, and documentation of hate crimes.

(5)Techniques and methods to handle incidents of hate crimes in a professional manner.

(6)Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims actual or perceived homelessness.

(7)The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, anti-Sikh crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.

(8)Preparation for, and response to, possible future anti-Asian, anti-Hindu, anti-Sikh, anti-Arab/Middle Eastern, anti-Semitic, and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General, in consultation with subject matter experts, determines are likely, and for which the Attorney General has notified law enforcement agencies.

(c)The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a model hate crime policy framework. The elements of the model policy framework shall include, but not be limited to, the following:

(1)A message from the law enforcement agencys chief executive officer to the agencys officers and staff concerning the importance of hate crime laws and the agencys commitment to enforcement.

(2)The definition of hate crime in Section 422.55.

(3)References to hate crime statutes including Section 422.6.

(4)A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:

(A)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.

(B)Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

(C)Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

(D)Providing victim assistance and followup, including community followup.

(E)Reporting.

(d)(1)The commission shall, by no later than October 1, 2025, adopt and promulgate an updated hate crime model policy framework in compliance with the act that added this paragraph, in consultation with subject matter experts and with the concurrence of the Attorney General.

(2)The commission shall adopt significant updates or additions to, the model policy framework only in consultation with subject matter experts and with the concurrence of the Attorney General.

(3)The model policy framework is not a regulation as defined in Section 11342.600 of the Government Code.

(e)(1)The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).

(2)Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 200304 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.

(f)(1)The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled Hate Crimes: Identification and Investigation, as updated in August of 2020, and as updated thereafter, or any successor video, into the basic course curriculum.

(2)The commission shall make the video course described in paragraph (1) available to stream via the learning portal.

(3)Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled Hate Crimes: Identification and Investigation, the course identified in paragraph (4), or any other POST-certified hate crimes course via the learning portal or in-person instruction.

(4)The commission, in consultation with subject matter experts as defined in Section 422.55, experts, shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.

(5)The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.

(g)As used in this section, peace the following terms are defined as follows:

(1)Peace officer means any person designated as a peace officer by Section 830.1 or 830.2.

For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

(a)Hate crime means 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.

(7)Association with a person or group with one or more of these actual or perceived characteristics.

(b)Hate crime includes, but is not limited to, a violation of Section 422.6.

(c)Subject matter experts includes, but is not limited to, representatives of communities most victimized by hate crimes, academic experts, and law enforcement agencies.

(a)Each state and local law enforcement agency shall adopt a hate crimes policy that 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 framework and model policy framework that the Commission on Peace Officer Standards and Training developed in 2019 pursuant to Section 13519.6, and any content that the commission has revised or added or may revise or add in the future, including, but not limited to, 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, discriminatory selection of victims, 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 instruct 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 instruct 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.

(D)In recognizing suspected religion-bias hate crimes, the policy shall instruct officers to consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to:

(i)In Buddhism, statutes of the Buddha.

(ii)In Christianity, crosses.

(iii)In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis.

(iv)In Islam, hijabs.

(v)In Judaism, Stars of David, menorahs, and yarmulke.

(vi)In Sikhism, turbans, head coverings, and unshorn hair, including beards.

(E)In recognizing suspected hate crimes committed against a victim or victims with a particular known, evident, or perceived protected characteristic, the policy shall instruct officers to consider whether the crimes occurred on a day of actual or perceived significance to, or concerning, the victim or victims or to persons of the same actual or perceived protected characteristic as the victim or victims. Examples of such days may include, but are not limited to, Lunar New Year, Cinco de Mayo, Easter, Martin Luther King Day, and Yom Kippur.

(F)In recognizing any multiple suspected hate crimes, the policy shall instruct officers to consider whether the victim or victims of the crimes were one or more persons or properties with a particular actual or perceived protected characteristic when other, at least equally available and vulnerable potential victims were not targeted. Examples of such discriminatory selection may include, but are not limited to, the following:

(i)A series of sexual assaults of women and girls.

(ii)A series of crimes against actual or perceived transgender women, against actual or perceived noncitizens of the United States, or against persons demonstrating on behalf of a particular race or ethnicity and any observers or bystanders.

(iii)A series of attacks on one or more places of worship of a particular religion.

(iv)A series of attacks on one or more businesses, community centers, or other gathering places operated, staffed, or frequented by a person or persons with a particular known, evident, or perceived protected characteristic.

(G)In recognizing any suspected hate crime, the policy shall instruct officers to consider whether the victim is either of the following:

(i)A person with an actual or perceived disability that is known or evident to the perpetrator.

(ii)A person with any other actual or perceived protected characteristic that is known or evident to the perpetrator and that, under the existing facts and circumstances, is likely to make the victim the target of a hate crime.

(H)In recognizing a suspected anti-immigrant or antirace hate crime, the policy shall instruct officers to consider whether persons who are part of the victims community in the victims actual or perceived country of origin are commonly subject to hate or other bias there because of one or more of the protected characteristics and whether the perpetrator may have been motivated by such bias.

(I)In any case described in subparagraphs (C) through (H) or a similar case, and in every case in which a crime victim or witness believes that the crime was a hate crime or motivated by bias against an actual or perceived protected characteristic, the policy shall instruct officers to include such statements in any report generated as a result of the incident. The policy shall instruct officers to not argue with a victim or witness who believes it was a hate crime, regardless of the initial opinion of the officer. The policy shall instruct supervising officers who review reports of incidents in which the victim believed the crime was a hate crime to carefully consider whether additional investigation is necessary, consistent with this section.

(4)Information regarding the general underreporting of hate crimes to, and by, law enforcement and the more extreme underreporting of antidisability, antigender, 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 ensuring 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, regardless of whether they specifically request it, and to all other interested persons upon request.

(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.

(10)A supplemental suspected hate crime report form providing the information necessary for the law enforcement agency or the prosecution agency to determine whether a hate crime has occurred or whether to conduct a further investigation to make that determination, and an instruction that responding officers complete the form when the officers have a reasonable belief based upon the available evidence and information, including the circumstances in subparagraphs (C) through (H) of paragraph (3), that a hate crime may have been committed.

(11)A schedule for providing the hate crime training, including, but not limited to, that required by Section 13519.6 and any other hate crime training certified by the Commission on Peace Officer Standards and Training that the law enforcement agency selects.

(12)A requirement that, when an officer suspects multimission criminal extremism, they report it to their agencys terrorism liaison officers.

(13)In adopting a hate crimes policy, each state and local law enforcement agency shall seek to incorporate examples of terminology that is specific to the communities they serve. For example, given the nationwide surge of anti-Asian American and Pacific Islander hate crimes beginning in 2020 and resulting from rhetoric blaming China for COVID-19, agencies that serve Asian American and Pacific Islander communities may include terminology and slurs relating to the coronavirus as part of a hate crime investigation.

(b)(1)A law enforcement agency shall be deemed in compliance with subdivision (a) if it adopts does all of the following:

(A)Adopts, by no later than July 1, 2023, a policy including, but not limited to, all the provisions of the Commission on Peace Officer Standards and Training existing model hate crime policy framework and model hate crime policy, including the supplemental suspected hate crime report form, called the hate crime checklist in the 2019 update, by April 1, 2023, and updates the agencys checklist.

(C)Updates its policy within six months of after each time the commission updates the framework and model policy. model policy framework or, if the agency has a regular policy review cycle, during the next policy review cycle.

(2)Any 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 state law.

(c)This section is intended to establish statewide minimum practices, and shall not be construed to restrict a law enforcement agency from implementing more precise or more stringent policies.

Except as other provisions of state or federal law require:

(a)Every law enforcement agency and each state and local agency shall use the definition of hate crime set forth in subdivision (a) of Section 422.55 exclusively.

(b)Every law enforcement agency and each state and local agency shall use the terms characteristics or protected characteristics as defined in Section 422.55 exclusively and shall not use misleading terms such as protected classes or protected groups.

(a)Subject to the availability of adequate funding, the Attorney General, in consultation with subject matter experts, as defined in Section 422.55, shall direct 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.

(b)In By no later than July 1, 2023, again after October 1, 2025, but by no later than April 1, 2026, and thereafter whenever changes in law or in the Commission on Peace Officer Standards and Training framework and model policy framework require it, or whenever the Attorney General in consultation with subject matter experts deems it prudent, the information required by subdivision (a) shall include the each law enforcement agency shall submit to the Department of Justice, in a manner to be prescribed by the Attorney General, the agencys hate crime policy policy, as described in Section 433.87, and the hate crime pamphlet required pursuant to brochure described in Section 422.92.

(c)In every year, information The report required by subdivision (a) shall also include any of the following items that the department finds the agency has failed to submit in the any previous year: year that it was required:

(1)Hate crime policies.

(2)Hate crime pamphlets. brochures.

(3)Any other information required by the Attorney General in the previous year.

(d)(1)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that have complied with subdivision (a) and other relevant laws in the report year and the names of any agencies that have failed to comply with those laws. The information also shall include the names of any agencies that failed to comply in the both the report year and the previous year, regardless of whether any information is required of compliant agencies in the report year. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)For purposes of this section, hate crime has the same meaning as in Section 422.55.

(a)The commission, in consultation with subject matter experts, as defined in Section 422.55, 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. Hate crimes, for purposes of this section, has the same meaning as in Section 422.55.

(b)The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:

(1)Indicators of hate crimes.

(2)The impact of these crimes on the victim, the victims family, and the community, and the assistance and compensation available to victims.

(3)Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.

(4)Law enforcement procedures, reporting, and documentation of hate crimes.

(5)Techniques and methods to handle incidents of hate crimes in a professional manner.

(6)Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims actual or perceived homelessness.

(7)The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, anti-Sikh crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.

(8)Preparation for, and response to, possible future anti-Asian, anti-Hindu, anti-Sikh, anti-Arab/Middle Eastern, and anti-Semitic, and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General, in consultation with subject matter experts, determines are likely, and for which the Attorney General has notified law enforcement agencies.

(c)The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a framework and model hate crime policy. policy framework. The elements of the framework and model policy framework shall include, but not be limited to, the following:

(1)A message from the law enforcement agencys chief executive officer to the agencys officers and staff concerning the importance of hate crime laws and the agencys commitment to enforcement.

(2)The definition of hate crime in Section 422.55.

(3)References to hate crime statutes including Section 422.6.

(4)A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:

(A)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.

(B)Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

(C)Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

(D)Providing victim assistance and followup, including community followup.

(E)Reporting.

(F)Each of the items Section 422.87 requires law enforcement agencies to include in their hate crime policies.

(d)(1)The The commission shall, by no later than October 1, 2025, adopt and promulgate an updated hate crime model policy framework in compliance with the act that added this paragraph, in consultation with subject matter experts and with the concurrence of the Attorney General.

(2)The commission shall adopt revisions of, significant updates or additions to, the framework and model policy only by a vote of the commission following consultation with subject matter experts and a public hearing before the commission. framework only in consultation with subject matter experts and with the concurrence of the Attorney General.

(3)The framework and model policy are not regulations framework is not a regulation as defined in Section 11342.600 of the Government Code.

(e)(1)The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).

(2)Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 200304 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.

(f)(1)The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled Hate Crimes: Identification and Investigation, as updated in August of 2020, and as updated thereafter, or any successor video, into the basic course curriculum.

(2)The commission shall make the video course described in paragraph (1) available to stream via the learning portal.

(3)Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled Hate Crimes: Identification and Investigation, the course identified in paragraph (4), or any other POST-certified hate crimes course via the learning portal or in-person instruction.

(4)The commission, in consultation with subject matter experts as defined in Section 422.55, shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.

(5)The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.

(g)As used in this section, peace officer means any person designated as a peace officer by Section 830.1 or 830.2.

For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

(a)Hate crime means 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.

(7)Association with a person or group with one or more of these actual or perceived characteristics.

(b)Hate crime includes, but is not limited to, a violation of Section 422.6.

(c)Subject matter experts includes, but is not limited to, representatives of communities most victimized by hate crimes, academic experts, and law enforcement agencies.

(a)Each state and local law enforcement agency shall adopt a hate crimes policy that 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 framework and model policy that the Commission on Peace Officer Standards and Training developed in 2019 pursuant to Section 13519.6, and any content that the commission has revised or added or may revise or add in the future, including, but not limited to, 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, discriminatory selection of victims, 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 instruct 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 instruct 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.

(D)In recognizing suspected religion-bias hate crimes, the policy shall instruct officers to consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to:

(i)In Buddhism, statutes of the Buddha.

(ii)In Christianity, crosses.

(iii)In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis.

(iv)In Islam, hijabs.

(v)In Judaism, Stars of David, menorahs, and yarmulke.

(vi)In Sikhism, turbans, head coverings, and unshorn hair, including beards.

(E)In recognizing suspected hate crimes committed against a victim or victims with a particular known, evident, or perceived protected characteristic, the policy shall instruct officers to consider whether the crimes occurred on a day of actual or perceived significance to, or concerning, the victim or victims or to persons of the same actual or perceived protected characteristic as the victim or victims. Examples of such days may include, but are not limited to, Lunar New Year, Cinco de Mayo, Easter, Martin Luther King Day, and Yom Kippur.

(F)In recognizing any multiple suspected hate crimes, the policy shall instruct officers to consider whether the victim or victims of the crimes were one or more persons or properties with a particular actual or perceived protected characteristic when other, at least equally available and vulnerable potential victims were not targeted. Examples of such discriminatory selection may include, but are not limited to, the following:

(i)A series of sexual assaults of women and girls.

(ii)A series of crimes against actual or perceived transgender women, against actual or perceived noncitizens of the United States, or against persons demonstrating on behalf of a particular race or ethnicity and any observers or bystanders.

(iii)A series of attacks on one or more places of worship of a particular religion.

(iv)A series of attacks on one or more businesses, community centers, or other gathering places operated, staffed, or frequented by a person or persons with a particular known, evident, or perceived protected characteristic.

(G)In recognizing any suspected hate crime, the policy shall instruct officers to consider whether the victim is either of the following:

(i)A person with an actual or perceived disability that is known or evident to the perpetrator.

(ii)A person with any other actual or perceived protected characteristic that is known or evident to the perpetrator and that, under the existing facts and circumstances, is likely to make the victim the target of a hate crime.

(H)In recognizing a suspected anti-immigrant or antirace hate crime, the policy shall instruct officers to consider whether persons who are part of the victims community in the victims actual or perceived country of origin are commonly subject to hate or other bias there because of one or more of the protected characteristics and whether the perpetrator may have been motivated by such bias.

(I)In any case described in subparagraphs (C) through (H) or a similar case, and in every case in which a crime victim or witness believes that the crime was a hate crime or motivated by bias against an actual or perceived protected characteristic, the policy shall instruct officers to include such statements in any report generated as a result of the incident. The policy shall instruct officers to not argue with a victim or witness who believes it was a hate crime, regardless of the initial opinion of the officer. The policy shall instruct supervising officers who review reports of incidents in which the victim believed the crime was a hate crime to carefully consider whether additional investigation is necessary, consistent with this section.

(4)Information regarding the general underreporting of hate crimes to, and by, law enforcement and the more extreme underreporting of antidisability, antigender, 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 ensuring 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, regardless of whether they specifically request it, and to all other interested persons upon request.

(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.

(10)A supplemental suspected hate crime report form providing the information necessary for the law enforcement agency or the prosecution agency to determine whether a hate crime has occurred or whether to conduct a further investigation to make that determination, and an instruction that responding officers complete the form when the officers have a reasonable belief based upon the available evidence and information, including the circumstances in subparagraphs (C) through (H) of paragraph (3), that a hate crime may have been committed.

(11)A schedule for providing the hate crime training, including, but not limited to, that required by Section 13519.6 and any other hate crime training certified by the Commission on Peace Officer Standards and Training that the law enforcement agency selects.

(12)A requirement that, when an officer suspects multimission criminal extremism, they report it to their agencys terrorism liaison officers.

(13)In adopting a hate crimes policy, each state and local law enforcement agency shall seek to incorporate examples of terminology that is specific to the communities they serve. For example, given the nationwide surge of anti-Asian American and Pacific Islander hate crimes beginning in 2020 and resulting from rhetoric blaming China for COVID-19, agencies that serve Asian American and Pacific Islander communities may include terminology and slurs relating to the coronavirus as part of a hate crime investigation.

(b)(1)A law enforcement agency shall be deemed in compliance with subdivision (a) if it adopts a policy including, but not limited to, all the provisions of the Commission on Peace Officer Standards and Training framework and model hate crime policy, including the supplemental suspected hate crime report form, called the hate crime checklist in the 2019 update, by April 1, 2023, and updates the agencys policy within six months of each time the commission updates the framework and model policy.

(2)Any 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 state law.

(c)This section is intended to establish statewide minimum practices, and shall not be construed to restrict a law enforcement agency from implementing more precise or more stringent policies.

Except as other provisions of state or federal law require:

(a)Every law enforcement agency and each state and local agency shall use the definition of hate crime set forth in subdivision (a) of Section 422.55 exclusively.

(b)Every law enforcement agency and each state and local agency shall use the terms characteristics or protected characteristics as defined in Section 422.55 exclusively and shall not use misleading terms such as protected classes or protected groups.

(a)Subject to the availability of adequate funding, the Attorney General, in consultation with subject matter experts, as defined in Section 422.55, shall direct 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.

(b)In 2023, and whenever changes in law or in the Commission on Peace Officer Standards and Training framework and model policy require it, or whenever the Attorney General in consultation with subject matter experts deems it prudent, the information required by subdivision (a) shall include the agencys hate crime policy and the hate crime pamphlet required pursuant to Section 422.92.

(c)In every year, information required by subdivision (a) shall also include any of the following that the agency failed to submit in the previous year:

(1)Hate crime policies.

(2)Hate crime pamphlets.

(3)Any other information required by the Attorney General in the previous year.

(d)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that have complied with subdivision (a) and other relevant laws in the report year and the names of any agencies that have failed to comply with those laws. The information also shall include the names of any agencies that failed to comply in the both the report year and the previous year, regardless of whether any information is required of compliant agencies in the report year. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)For purposes of this section, hate crime has the same meaning as in Section 422.55.

(a)The commission, in consultation with subject matter experts, as defined in Section 422.55, 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. Hate crimes, for purposes of this section, has the same meaning as in Section 422.55.

(b)The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:

(1)Indicators of hate crimes.

(2)The impact of these crimes on the victim, the victims family, and the community, and the assistance and compensation available to victims.

(3)Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.

(4)Law enforcement procedures, reporting, and documentation of hate crimes.

(5)Techniques and methods to handle incidents of hate crimes in a professional manner.

(6)Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims actual or perceived homelessness, or status as a journalist. homelessness.

(7)The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, anti-Sikh crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.

(8)Preparation for, and response to, possible future anti-Asian, anti-Hindu, anti-Sikh, anti-Arab/Middle Eastern, and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General, in consultation with subject matter experts, determines are likely, and for which the Attorney General has notified law enforcement agencies.

(c)The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a framework and model hate crime policy. The elements of the framework and model policy shall include, but not be limited to, the following:

(1)A message from the law enforcement agencys chief executive officer to the agencys officers and staff concerning the importance of hate crime laws and the agencys commitment to enforcement.

(2)The definition of hate crime in Section 422.55.

(3)References to hate crime statutes including Section 422.6.

(4)A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:

(A)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.

(B)Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

(C)Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

(D)Providing victim assistance and followup, including community followup.

(E)Reporting.

(F)Each of the items Section 422.87 requires law enforcement agencies to include in their hate crime policies.

(d)(1)The commission shall adopt revisions of, or additions to, the framework and model policy only by a vote of the commission following consultation with subject matter experts and a public hearing before the commission.

(2)The framework and model policy are not regulations as defined in Section 11342.600 of the Government Code.

(e)(1)The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).

(2)Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 200304 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.

(f)(1)The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled Hate Crimes: Identification and Investigation, as updated in August of 2020, and as updated thereafter, or any successor video, into the basic course curriculum.

(2)The commission shall make the video course described in paragraph (1) available to stream via the learning portal.

(3)Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled Hate Crimes: Identification and Investigation, the course identified in paragraph (4), or any other POST-certified hate crimes course via the learning portal or in-person instruction.

(4)The commission, in consultation with subject matter experts as defined in Section 422.55, shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.

(5)The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.

(g)As used in this section, peace officer means any person designated as a peace officer by Section 830.1 or 830.2.

For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

(a)Hate crime means 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.

(7)Association with a person or group with one or more of these actual or perceived characteristics.

(b)Hate crime includes, but is not limited to, a violation of Section 422.6.

(c)Subject matter experts includes, but is not limited to, representatives of communities most victimized by hate crimes, academic experts, and law enforcement agencies.

(a)Each state and local law enforcement agency shall adopt a hate crimes policy that 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 framework and model policy that the Commission on Peace Officer Standards and Training developed in 2019 pursuant to Section 13519.6, and any content that the commission has revised or added or may revise or add in the future, including, but not limited to, 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, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, youthful pranks, 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 instruct 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 instruct 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.

(D)In recognizing suspected religion-bias hate crimes, the policy shall instruct officers to consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to:

(i)In Buddhism, statutes of the Buddha.

(ii)In Christianity, crosses.

(iii)In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis.

(iv)In Islam, hijabs.

(v)In Judaism, Stars of David, menorahs, and yarmulke.

(vi)In Sikhism, turbans, head coverings, and unshorn hair, including beards.

(E)In recognizing suspected hate crimes committed against a victim or victims with a particular known, evident, or perceived protected characteristic, the policy shall instruct officers to consider whether the crimes occurred on a day of actual or perceived significance to, or concerning, the victim or victims or to persons of the same actual or perceived protected characteristic as the victim or victims. Examples of such days may include, but are not limited to, Chinese Lunar New Year, Cinco de Mayo, Easter, Hitlers birthday (April 20), Martin Luther King Day, September 11, and Yom Kippur.

(F)In recognizing any multiple suspected hate crimes, the policy shall instruct officers to consider whether the victim or victims of the crimes were one or more persons or properties with a particular actual or perceived protected characteristic when other, at least equally available and vulnerable potential victims were not targeted. Examples of such discriminatory selection may include, but are not limited to, the following:

(i)A series of sexual assaults of women and girls.

(ii)A series of crimes against actual or perceived transgender women, against actual or perceived noncitizens of the United States, or against persons demonstrating on behalf of a particular race or ethnicity and any observers or bystanders.

(iii)A series of attacks on one or more places of worship of a particular religion.

(iv)A series of attacks on one or more businesses, community centers, or other gathering places operated, staffed, or frequented by a person or persons with a particular known, evident, or perceived protected characteristic.

(G)In recognizing any suspected hate crime, the policy shall instruct officers to consider whether the victim is either of the following:

(i)A person with an actual or perceived disability that is known or evident to the perpetrator.

(ii)A person with any other actual or perceived protected characteristic that is known or evident to the perpetrator and that, under the existing facts and circumstances, is likely to make the victim the target of a hate crime. Examples of such facts and circumstances include, but are not limited to, the nationwide surge of anti-Asian American and Pacific Islander hate crimes and noncriminal hate incidents beginning in 2020 and resulting from rhetoric blaming China for COVID-19.

(H)In recognizing a suspected anti-immigrant or antirace hate crime, the policy shall instruct officers to consider whether persons who are part of the victims community in the victims actual or perceived country of origin are commonly subject to hate or other bias there because of one or more of the protected characteristics and whether the perpetrator may have been motivated by such bias. Examples include, but are not limited to, an indigenous-language-speaking Mexican immigrant who is assaulted by a perpetrator who uses racial slurs such as Indio or Oaxaquito.

(I)In any case described in subparagraphs (C) through (I) (H) or a similar case, and in every case in which a crime victim or witness believes that the crime was a hate crime or motivated by bias against an actual or perceived protected characteristic, the policy shall instruct officers to include such statements in any report the crime as a suspected hate crime and not a mere crime of opportunity, and generated as a result of the incident. The policy shall instruct officers to not argue with a victim or witness who believes it was a hate crime, regardless of the initial opinion of the officer prior to, during, or after completion of the supplemental report form required by paragraph (10). officer. The policy shall instruct supervising officers who review reports of incidents in which the victim believed the crime was a hate crime to carefully consider whether additional investigation is necessary, consistent with this section.

(4)Information regarding the general underreporting of hate crimes to, and by, law enforcement and the more extreme underreporting of antidisability, antigender, and anti-Sikh 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 ensuring 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, victims, regardless of whether they specifically request it. it, and to all other interested persons upon request.

(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.

(10)A supplemental suspected hate crime report form providing the information necessary for the law enforcement agency or the prosecution agency to determine whether a hate crime has occurred or whether to conduct a further investigation to make that determination, and an instruction that responding officers complete the form when either of the following apply: the officers have a reasonable belief based upon the available evidence and information, including the circumstances in subparagraphs (C) through (H) of paragraph (3), that a hate crime may have been committed.

(11)A schedule for providing the hate crime training, including, but not limited to, that required by Section 13519.6 and any other hate crime training certified by the Commission on Peace Officer Standards and Training that the law enforcement agency selects.

(12)A requirement that, when an officer has reported a suspected hate crime and has identified a suspect, the person or unit of the agency responsible for determining whether the crime was a hate crime shall contact the Federal Bureau of Investigation and ask the bureaus assistance in searching publicly available records concerning the suspect for any relevant evidence.

(13)A requirement that, when an officer suspects multimission criminal extremism, they report it to their agencys terrorism liaison officers.

(b)(1)A law enforcement agency shall be deemed in compliance with subdivision (a) if it adopts a policy including, but not limited to, all the provisions of the Commission on Peace Officer Standards and Training framework and model hate crime policy, including the supplemental suspected hate crime report form, called the hate crime checklist in the 2019 update, by April 1, 2023, and updates the agencys policy within six months of each time the commission updates the framework and model policy.

(2)Any 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 state law.

Except as other provisions of state or federal law require:

(a)Every law enforcement agency and each state and local agency shall use the definition of hate crime set forth in subdivision (a) of Section 422.55 exclusively.

(b)Every law enforcement agency and each state and local agency shall use the terms characteristics or protected characteristics as defined in Section 422.55 exclusively and shall not use misleading terms such as protected classes or protected groups.

(a)Subject to the availability of adequate funding, the Attorney General, in consultation with subject matter experts, as defined in Section 422.55, shall direct 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.

(b)In 2023, and whenever changes in law or in the Commission on Peace Officer Standards and Training framework and model policy require it, or whenever the Attorney General in consultation of with subject matter experts deems it prudent, the information required by subdivision (a) shall include the agencys hate crime policy and the hate crime pamphlet required pursuant to Section 422.92.

(c)In every year, information required by subdivision (a) shall also include any of the following that the agency failed to submit in the previous year:

(1)Hate crime policies.

(2)Hate crime pamphlets.

(3)Any other information required by the Attorney General in the previous year.

(d)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that have complied with subdivision (a) and other relevant laws in the report year and the names of any agencies that have failed to comply with those laws. The information also shall include the names of any agencies that failed to comply in the both the report year and the previous year, regardless of whether any information is required of compliant agencies in the report year. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)For purposes of this section, hate crime has the same meaning as in Section 422.55.

(a)The commission, in consultation with subject matter experts, as defined in Section 422.55, 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. Hate crimes, for purposes of this section, has the same meaning as in Section 422.55.

(b)The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:

(1)Indicators of hate crimes.

(2)The impact of these crimes on the victim, the victims family, and the community, and the assistance and compensation available to victims.

(3)Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.

(4)Law enforcement procedures, reporting, and documentation of hate crimes.

(5)Techniques and methods to handle incidents of hate crimes in a professional manner.

(6)Multimission criminal extremism, as defined in Section 422.55. which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims actual or perceived homelessness, or status as a journalist.

(7)The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, anti-Sikh crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.

(8)Preparation for, and response to, possible future anti-Asian, anti-Hindu, anti-Sikh, anti-Arab/Middle Eastern, and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General, in consultation with subject matter experts, determines are likely, and for which the Attorney General has notified law enforcement agencies.

(c)The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a framework and model hate crime policy. The elements of the framework and model policy shall include, but not be limited to, the following:

(1)A message from the law enforcement agencys chief executive officer to the agencys officers and staff concerning the importance of hate crime laws and the agencys commitment to enforcement.

(2)The definition of hate crime in Section 422.55.

(3)References to hate crime statutes including Section 422.6.

(4)A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:

(A)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.

(B)Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

(C)Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

(D)Providing victim assistance and followup, including community followup.

(E)Reporting.

(F)Each of the items Section 422.87 requires law enforcement agencies to include in their hate crime policies.

(d)(1)The commission shall adopt revisions of, or additions to, the framework and model policy only by a vote of the commission following consultation with subject matter experts and a public hearing before the commission.

(2)The framework and model policy are not regulations as defined in Section 11342.600 of the Government Code.

(e)(1)The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).

(2)Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 200304 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.

(f)(1)The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled Hate Crimes: Identification and Investigation, as updated in August of 2020, and as updated thereafter, or any successor video, into the basic course curriculum.

(2)The commission shall make the video course described in paragraph (1) available to stream via the learning portal.

(3)Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled Hate Crimes: Identification and Investigation, the course identified in paragraph (4), or any other POST-certified hate crimes course via the learning portal or in-person instruction.

(4)The commission, in consultation with subject matter experts as defined in Section 422.55, shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.

(5)The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.

(g)As used in this section, peace officer means any person designated as a peace officer by Section 830.1 or 830.2.

For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

(a)Hate crime means 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.

(7)Association with a person or group with one or more of these actual or perceived characteristics.

(b)Hate crime includes, but is not limited to, a violation of Section 422.6.

(a)Each state and local law enforcement agency may shall adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy policy that 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 framework and model policy framework that the Commission on Peace Officer Standards and Training developed in 2019 pursuant to Section 13519.6, and any content that the commission has revised or added or may revise or add in the future, including including, but not limited to, 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, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, youthful pranks, 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 instruct 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 instruct 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. victim.

(D)In recognizing suspected religion-bias hate crimes, the policy shall instruct officers to consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to:

(i)In Buddhism, statutes of the Buddha.

(ii)In Christianity, crosses.

(iii)In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis.

(iv)In Islam, hijabs.

(v)In Judaism, Stars of David, menorahs, and yarmulke.

(vi)In Sikhism, turbans, head coverings, and unshorn hair, including beards.

(4)Information regarding the general underreporting of hate crimes to, and by, law enforcement and the more extreme underreporting of antidisability and antigender antidisability, antigender, and anti-Sikh 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 ensuring 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. persons, regardless of whether they specifically request it.

(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.

(2)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. state law.

(a)Every law enforcement agency and each state and local agency shall use the definition of hate crime set forth in subdivision (a) of Section 422.55 exclusively, except as other explicit provisions of state or federal law may require otherwise. exclusively.

(a)Subject to the availability of adequate funding, the Attorney General General, in consultation with subject matter experts, as defined in Section 422.55, 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. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.

(d)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The information shall include the names of agencies that have complied with subdivision (a) and other relevant laws in the report year and the names of any agencies that have failed to comply with those laws. The information also shall include the names of any agencies that failed to comply in the both the report year and the previous year, regardless of whether any information is required of compliant agencies in the report year. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)For purposes of this section, hate crime has the same meaning as in Section 422.55.

(a)The commission, in consultation with subject-matter subject matter experts, including, but not limited to, law enforcement agencies, civil rights groups, and academic experts, and the Department of Justice, as defined in Section 422.55, 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. Hate crimes, for purposes of this section, has the same meaning as in Section 422.55.

(b)The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:

(1)Indicators of hate crimes.

(2)The impact of these crimes on the victim, the victims family, and the community, and the assistance and compensation available to victims.

(3)Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.

(4)Law enforcement procedures, reporting, and documentation of hate crimes.

(5)Techniques and methods to handle incidents of hate crimes in a noncombative professional manner.

(6)Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims actual or perceived homelessness. as defined in Section 422.55.

(7)The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, anti-Sikh crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.

(8)Preparation for, and response to, possible future anti-Asian, anti-Hindu, anti-Sikh, anti-Arab/Middle Eastern Eastern, and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General General, in consultation with subject matter experts, determines are likely. likely, and for which the Attorney General has notified law enforcement agencies.

(c)The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), 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. model hate crime policy. The elements of the framework and model policy shall include, but not be limited to, the following:

(1)A message from the law enforcement agencys chief executive officer to the agencys officers and staff concerning the importance of hate crime laws and the agencys commitment to enforcement.

(2)The definition of hate crime in Section 422.55.

(3)References to hate crime statutes including Section 422.6.

(4)A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:

(A)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.

(B)Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

(C)Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

(D)Providing victim assistance and followup, including community followup.

(E)Reporting.

(e)(1)The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).

(2)Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 200304 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.

(f)(1)The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, for any basic course, incorporate the November 2017 video course developed by the commission entitled Hate Crimes: Identification and Investigation, as updated in August of 2020, and as updated thereafter, or any successor video, into the basic course curriculum.

(2)The commission shall make the video course described in paragraph (1) available to stream via the learning portal.

(3)Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled Hate Crimes: Identification and Investigation, the course identified in paragraph (4), or any other POST-certified hate crimes course via the learning portal or in-person instruction.

(4)The commission commission, in consultation with subject matter experts as defined in Section 422.55, shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.

(5)The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.

(g)As used in this section, peace officer means any person designated as a peace officer by Section 830.1 or 830.2.