Bill Text: CA AB3099 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Justice: law enforcement assistance with tribal issues: study.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 170, Statutes of 2020. [AB3099 Detail]
Download: California-2019-AB3099-Introduced.html
Bill Title: Department of Justice: law enforcement assistance with tribal issues: study.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 170, Statutes of 2020. [AB3099 Detail]
Download: California-2019-AB3099-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3099
| Introduced by Assembly Member Ramos |
February 21, 2020 |
An act to amend Section 422.55 of, and to add Section 13023.5 to, the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 3099, as introduced, Ramos.
Hate crimes: Native Americans.
Existing law makes an act punishable as a hate crime if it is a criminal act committed, in whole or in part, because of an actual or perceived characteristic of the victim relating to the victim’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of those actual or perceived characteristics. Under existing law, a person who commits a crime that is a hate crime is required to receive an enhanced sentence.
Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to
these provisions.
This bill would, declarative of existing law, specify that a hate crime includes a criminal act committed, in whole or in part, because of the victim’s actual or perceived Native American or American Indian race, ethnicity, nationality, heritage, tribal membership, or tribal citizenship, and that those crimes may, pursuant to federal law, be enforced by California law enforcement agencies and prosecuted in California courts, regardless of who the perpetrator or victim of the offense is.
Ths bill would also require the Department of Justice to include in the analysis of their data, local trends regarding hate crimes, and to advise those communities, including communities located on tribal lands, of any trends or threats affecting that community. The bill would also require the department to provide law enforcement agencies, including tribal law enforcement agencies, with outreach materials, as
specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 422.55 of the Penal Code is amended to read:422.55.
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) A hate crime includes a criminal act committed, in whole or in part, because of the victim’s actual or perceived Native American, Indigenous American, or American Indian race, ethnicity, nationality, heritage, tribal membership, or tribal citizenship.
(d) A hate crime that is committed upon Indian lands pursuant to Section 1162 of Title 18 of the United States Code may be enforced by a California law
enforcement agency and may be prosecuted in a California court.
SEC. 2.
Section 13023.5 is added to the Penal Code, to read:13023.5.
(a) The department shall analyze the data on hate crimes received pursuant to Section 13023 to identify trends of hate crimes within, or heightened threats that may exist to, specific regions, including regions located on Indian lands.(b) The department shall include local and regional information about hate crimes including, without limitation, the ZIP Codes where hate crime incidents occur, in the information posted to the OpenJustice Web portal pursuant to subdivision (b) of Section 13023.
(c) The department shall send advisory notices to law enforcement agencies, including tribal law enforcement agencies, when it detects any pattern or trend in hate crimes that may affect the
jurisdictions of those agencies.
(d) The department shall develop and disseminate materials to law enforcement agencies, including tribal law enforcement agencies, designed to help law enforcement agencies better engage with their communities on the subject of hate crimes, to help educate the public on identifying and combating hate crimes, and to assist tribal law enforcement agencies and California law enforcement agencies understand their roles in the investigation and enforcement of hate crimes involving Indian lands or tribal members.
