Bill Text: CA AB2604 | 2023-2024 | Regular Session | Introduced
Bill Title: Hate crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-23 - In committee: Hearing postponed by committee. [AB2604 Detail]
Download: California-2023-AB2604-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2604
| Introduced by Assembly Member Low |
February 14, 2024 |
An act to amend Sections 422.56 and 422.87 of the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2604, as introduced, Low.
Hate crimes.
Existing law defines “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the bias motivation to be a cause in fact of the offense, whether or not other causes also exist.
This bill would specify that discriminatory selection of a victim because of a protected characteristic is a type of bias motivation for purposes of determining whether the crime was committed, in whole or in part, because of the protected characteristic. By expanding the definition of a crime, this bill would impose a state-mandated local program.
Existing law requires law enforcement to adopt a hate crimes policy, by July 1, 2024, that includes information on
bias motivation. For this purpose, existing law defines “bias motivation” to include, among other things, hatred, discriminatory selection of victims, animosity, or resentment.
This bill would remove the requirement that law enforcement adopt a policy that includes information on discriminatory selection of victims.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 422.56 of the Penal Code is amended to read:422.56.
For purposes of this title, the following definitions shall apply:(a) “Association with a person or group with one or more of these actual or perceived characteristics” includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b) “Disability” includes mental disability and
physical disability, as defined in Section 12926 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(c) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior regardless of whether it is stereotypically associated with the person’s assigned sex at birth.
(d) “In whole or in part because of” means that the bias motivation motivation, which may include discriminatory selection of a victim because of a protected characteristic referenced in Section
422.55, must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e) “Nationality” means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.
(f) “Race or ethnicity” includes ancestry, color, and ethnic background.
(g) “Religion”
includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
(i) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
SEC. 2.
Section 422.87 of the Penal Code is amended to read:422.87.
(a) Each state and local law enforcement agency shall, by July 1, 2024, 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 model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, the supplemental hate crime report, 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 one’s “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 perpetrator’s 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.
(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, statues 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 and the more extreme underreporting of antidisability and antigender 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 agency’s 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.
(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 schedule of the hate crime training required by Section 13519.6 and any other hate crime or related training the agency may conduct.
(b) A 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.
