BILL NUMBER: AB 1312 CHAPTERED 10/07/01 CHAPTER 566 FILED WITH SECRETARY OF STATE OCTOBER 7,2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE AUGUST 29, 2001 AMENDED IN SENATE JULY 10, 2001 AMENDED IN SENATE JUNE 26, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 16, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Assembly Member Nakano (Coauthors: Assembly Members Chan, Chu, and Liu) (Coauthor: Senator Machado) FEBRUARY 23, 2001 An act to add and repeal Title 10.2 (commencing with Section 14125) to Part 4 of the Penal Code, relating to hate crimes, and making an appropriation therefor. (Approved by Governor October 5, 2001. Filed with Secretary of State October 7, 2001.) I am signing Assembly Bill 1312, which establishes an Asian Pacific American Anti-Hate Program at the Department of Justice. However, given the rapid decline of our economy and a budget shortfall of $1.1 billion through the first three months of this fiscal year alone, I am deleting the $250,000 General Fund appropriation contained in this bill and requesting the DOJ to conduct this important program using existing resources. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 1312, Nakano. The Asian Pacific Islander Anti-Hate Crimes Program. Existing law prohibits hate crimes and provides for specified programs relating to hate crimes for students and law enforcement agencies. Existing law requires each principal of a school to forward a completed report of crimes committed, including hate motivated incidents and hate crimes, on school grounds to the district superintendent or county superintendent of schools. Existing law requires those superintendents to compile the school data and submit the aggregated data to the State Department of Education. Existing law requires every law enforcement agency in the state to make available a brochure on hate crimes to victims of those crimes and the public. This bill would appropriate $250,000 from the General Fund to the Department of Justice to establish the Asian Pacific Islander (API) Anti-Hate Crimes Program, the functions of which would be to (1) create hard copy brochures and workbooks to provide to Asian Pacific Islander communities throughout the state that define what are hate crimes, how to report a hate crime, how hate crimes impact a community and community strategies on responding to hate crimes; and (2) conduct training seminars for community organizations in order to better train them to assist themselves or other Asian Pacific Islander communities in dealing with hate crimes. The bill would require the Department of Justice to submit a report to the Legislature by March 1, 2004, describing the operation and accomplishments of the statewide API Anti-Hate Crimes Program. The bill's provisions would remain in effect only until January 1, 2005, on which date they would be repealed. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Title 10.2 (commencing with Section 14125) is added to Part 4 of the Penal Code, to read: TITLE 10.2. ASIAN PACIFIC ISLANDER ANTI-HATE CRIME PROGRAM 14125. (a) (1) The Asian Pacific Islander (API) Anti-Hate Crimes Program is hereby established in the Department of Justice. (2) The Department of Justice shall designate, through a selection process to be determined by the department, a community-based organization to partner with to develop a statewide API Anti-Hate Crimes Program. (b) The program shall do both of the following: (1) Create hard copy brochures and workbooks to provide to API communities throughout the state that define what are hate crimes, how to report a hate crime, how hate crimes impact a community, and community strategies on responding to hate crimes. (2) Conduct training seminars for community organizations in order to better train them to assist themselves or other API communities in dealing with hate crimes. (c) For purposes of this title, Asian Pacific Islander includes, but is not limited to, people of Chinese, Japanese, Filipino, Korean, Vietnamese, Asian American, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian descent. 14127. The Department of Justice shall submit a report to the Legislature by March 1, 2004, describing the operation and accomplishments of the statewide API Anti-Hate Crimes Program. 14129. This title shall remain in effect only until January 1, 2005, and as of that date is repealed. SEC. 2. (a) The sum of two hundred fifty thousand dollars ($250,000) is hereby appropriated from the General Fund to the Department of Justice for purposes of this act. (b) The Department of Justice may expend up to 5 percent of the amount appropriated in subdivision (a) for administrative purposes in connection with implementing the provisions of this act.