AB 1535: Hate crimes: political affiliation.

Existing law defines hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Except as provided, existing law requires the fact that a person committed or attempted to commit a felony that is a hate crime to be considered a circumstance in aggravation of the crime in imposing a specified term.

This bill, the Hortman-Kirk Political Violence Prevention Act, would add political affiliation to the list of actual or perceived characteristics. in the case of any felony conviction, would authorize the court to consider as a circumstance in aggravation in sentencing the fact that the defendants conduct was motivated, in whole or in part, by the victims actual or perceived political affiliation. The bill would define political affiliation to mean the state of belonging to a political party, the endorsement of a political party or a platform of a political party, or the endorsement of a politician or a platform of a politician. By expanding the scope of an existing increasing the punishment for a crime, the bill would impose a state-mandated local program.

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

This bill would provide that no reimbursement is required by this act for a specified reason.