BILL NUMBER: SB 1234 CHAPTERED
BILL TEXT
CHAPTER 700
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2004
APPROVED BY GOVERNOR SEPTEMBER 22, 2004
PASSED THE SENATE AUGUST 25, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN SENATE MAY 24, 2004
AMENDED IN SENATE MAY 4, 2004
AMENDED IN SENATE APRIL 22, 2004
AMENDED IN SENATE MARCH 23, 2004
INTRODUCED BY Senator Kuehl
(Coauthor: Assembly Member Chu)
FEBRUARY 12, 2004
An act to amend Section 52.1 of the Civil Code, to amend Sections
200 and 220 of the Education Code, to amend Section 12926 of the
Government Code, and to amend Sections 190.03, 422.6, 422.7, 422.75,
594.3, 11410, 11413, 13023, 13515.25, and 13519.4 of, to amend and
renumber Sections 422.95, 1170.75, and 13873 of, to add Sections
422.77, 422.78, 422.86, 422.89, 422.91, 422.93, 13519.64, and
13519.65 to, to add Chapter 1 (commencing with Section 422.55) to
Title 11.6 of Part 1 of, to add a chapter heading to Chapter 2
immediately preceding Section 422.6 of Title 11.6 of Part 1 of, to
add Chapter 3 (commencing with Section 422.88) to Title 11.6 of Part
1 of, to repeal Sections 422.76, 13870, and 13871 of, and to repeal
and add Section 422.9 of, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1234, Kuehl. Crimes: civil rights.
Existing law provides that no person, whether or not acting under
color of law, shall by force or threat of force, willfully injure,
intimidate, interfere with, oppress, or threaten any other person in
the free exercise or enjoyment of any right or privilege secured to
him or her by the Constitution or laws of this state or by the
Constitution or laws of the United States because of the other person'
s race, color, religion, ancestry, national origin, disability,
gender, or sexual orientation, or because he or she perceives that
the other person has one or more of those characteristics. Existing
law also provides that no person, whether or not acting under color
of law, shall knowingly deface, damage, or destroy the real or
personal property of any other person for the purpose of intimidating
or interfering with the free exercise or enjoyment of any right or
privilege secured to the other person by the Constitution or laws of
this state or by the Constitution or laws of the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation, or
because he or she perceives that the other person has one or more of
those characteristics. Existing law requires that any person who
violates these provisions be punished by imprisonment in a county
jail not to exceed one year, or by a fine not to exceed $5,000, or by
both that fine and imprisonment.
This bill would provide that conduct punishable under these
provisions that also violates any other provision of law may be
charged under all applicable provisions, but may only be punished
once, as specified.
Existing law provides, except in the case of a person punished
under the above provisions, that any crime that is not made
punishable by imprisonment in the state prison shall be punishable by
imprisonment in the state prison or in a county jail not to exceed
one year, by a fine not to exceed $10,000, or by both that
imprisonment and fine, if the crime is committed against the person
or property of another for the purpose of intimidating or interfering
with that other person's free exercise or enjoyment of any right
secured to him or her by the Constitution or laws of this state or by
the Constitution or laws of the United States and because of the
other person's race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because the defendant
perceives that the other person has one or more of those
characteristics, under specified circumstances, including that the
crime against property causes damage in excess of $500.
This bill would revise and recast the provisions relating to hate
crimes by, among other things, providing a definition for the term
"hate crime." This bill would reduce the above property damage amount
to $400. Because this bill would change the definition of existing
crimes and expand the scope of an existing crime, it would impose a
state-mandated local program.
Under existing law, the Commission on Peace Officer Standards and
Training is required to establish and keep updated a continuing
education classroom training course relating to law enforcement
interaction with developmentally disabled and mentally ill persons.
The course is required to contain core instruction in specified
areas.
This bill would change the term "developmentally disabled and
mentally ill persons" to "mentally disabled persons." This bill
would include in the course instruction by July 1, 2006, instruction
on the fact that the crime was committed in whole or in part because
of an actual or perceived disability of the victim is a hate crime.
The bill would require the commission, using available funding, to
develop by July 1, 2005, a 2-hour telecourse to be made available to
all law enforcement agencies in California on crimes against homeless
persons and on how to deal effectively and humanely with homeless
persons, including homeless persons with disabilities. The
telecourse would be required to include information on multimission
criminal extremism, as defined.
Existing law requires the commission to 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. Existing law requires
the course to include instruction in specified areas.
This bill would, in addition, by July 1, 2007, require the course
to have instruction in multimission criminal extremism, the special
problems inherent in some categories of hate crimes, preparation for,
and response to, possible future anti-Arab/Middle Eastern and
anti-Islamic hate crimewaves, and any other future hate crimewaves
that the Attorney General determines are likely. This bill would
require that the commission include in the guidelines a framework and
possible content of general order or other formal policy on hate
crimes that all state law enforcement agencies shall adopt and local
law enforcement agencies would be encouraged to adopt, as specified.
The bill would make other conforming changes.
This bill would incorporate additional changes to Section 422.95
of the Penal Code proposed by AB 2428, contingent upon the prior
enactment of that bill.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52.1 of the Civil Code is amended to read:
52.1. (a) If a person or persons, whether or not acting under
color of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the
Attorney General, or any district attorney or city attorney may bring
a civil action for injunctive and other appropriate equitable relief
in the name of the people of the State of California, in order to
protect the peaceable exercise or enjoyment of the right or rights
secured. An action brought by the Attorney General, any district
attorney, or any city attorney may also seek a civil penalty of
twenty-five thousand dollars ($25,000). If this civil penalty is
requested, it shall be assessed individually against each person who
is determined to have violated this section and the penalty shall be
awarded to each individual whose rights under this section are
determined to have been violated.
(b) Any individual whose exercise or enjoyment of rights secured
by the Constitution or laws of the United States, or of rights
secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief, and
other appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.
(c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the
conduct complained of occurred or in the superior court for the
county in which a person whose conduct complained of resides or has
his or her place of business. An action brought by the Attorney
General pursuant to subdivision (a) also may be filed in the superior
court for any county wherein the Attorney General has an office, and
in that case, the jurisdiction of the court shall extend throughout
the state.
(d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant to
subdivision (a) or (b), ordering a defendant to refrain from conduct
or activities, the order issued shall include the following
statement: VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER
SECTION 422.77 OF THE PENAL CODE.
(e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the clerk of the court to mail, two copies
of any order, extension, modification, or termination thereof granted
pursuant to this section, by the close of the business day on which
the order, extension, modification, or termination was granted, to
each local law enforcement agency having jurisdiction over the
residence of the plaintiff and any other locations where the court
determines that acts of violence against the plaintiff are likely to
occur. Those local law enforcement agencies shall be designated by
the plaintiff or the attorney for the plaintiff. Each appropriate
law enforcement agency receiving any order, extension, or
modification of any order issued pursuant to this section shall serve
forthwith one copy thereof upon the defendant. Each appropriate law
enforcement agency shall provide to any law enforcement officer
responding to the scene of reported violence, information as to the
existence of, terms, and current status of, any order issued pursuant
to this section.
(f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.
(g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to an
aggrieved individual under any other provision of law, including, but
not limited to, an action, remedy, or procedure brought pursuant to
Section 51.7.
(h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b), the
court may award the petitioner or plaintiff reasonable attorney's
fees.
(i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.77 of the Penal
Code, or by a proceeding for contempt brought pursuant to Title 5
(commencing with Section 1209) of Part 3 of the Code of Civil
Procedure. However, in any proceeding pursuant to the Code of Civil
Procedure, if it is determined that the person proceeded against is
guilty of the contempt charged, in addition to any other relief, a
fine may be imposed not exceeding one thousand dollars ($1,000), or
the person may be ordered imprisoned in a county jail not exceeding
six months, or the court may order both the imprisonment and fine.
(j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry out
the threat.
(k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person's
speech. An order restricting the time, place, or manner of any
person's speech shall do so only to the extent reasonably necessary
to protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.
SEC. 2. Section 200 of the Education Code is amended to read:
200. It is the policy of the State of California to afford all
persons in public schools, regardless of their sex, ethnic group
identification, race, national origin, religion, mental or physical
disability, or regardless of any actual or perceived characteristic
that is contained in the definition of hate crimes set forth in
Section 422.55 of the Penal Code, equal rights and opportunities in
the educational institutions of the state. The purpose of this
chapter is to prohibit acts which are contrary to that policy and to
provide remedies therefor.
SEC. 3. Section 220 of the Education Code is amended to read:
220. No person shall be subjected to discrimination on the basis
of sex, ethnic group identification, race, national origin, religion,
color, mental or physical disability, or any actual or perceived
characteristic that is contained in the definition of hate crimes set
forth in Section 422.55 of the Penal Code in any program or activity
conducted by an educational institution that receives, or benefits
from, state financial assistance or enrolls pupils who receive state
student financial aid.
SEC. 4. Section 12926 of the Government Code is amended to read:
12926. As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
(a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
(b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
(c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
(d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
"Employer" does not include a religious association or corporation
not organized for private profit.
(e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
(f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
(1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
(A) The function may be essential because the reason the position
exists is to perform that function.
(B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
(C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
(2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
(A) The employer's judgment as to which functions are essential.
(B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
(C) The amount of time spent on the job performing the function.
(D) The consequences of not requiring the incumbent to perform the
function.
(E) The terms of a collective bargaining agreement.
(F) The work experiences of past incumbents in the job.
(G) The current work experience of incumbents in similar jobs.
(g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
(h) "Medical condition" means either of the following:
(1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
(A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
(B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
(i) "Mental disability" includes, but is not limited to, all of
the following:
(1) Having any mental or psychological disorder or condition, such
as mental retardation, organic brain syndrome, emotional or mental
illness, or specific learning disabilities, that limits a major life
activity. For purposes of this section:
(A) "Limits" shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
(B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
(C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
(3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
"Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
(j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
(k) "Physical disability" includes, but is not limited to, all of
the following:
(1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
(A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical condition
that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
(6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.
(l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
(m) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, age, or sexual orientation" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
(n) "Reasonable accommodation" may include either of the
following:
(1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
(2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
(o) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
(p) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender, as defined in
Section 422.56 of the Penal Code.
(q) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
(r) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
(s) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:
(1) The nature and cost of the accommodation needed.
(2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
(4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
(5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
SEC. 5. Section 190.03 of the Penal Code is amended to read:
190.03. (a) A person who commits first-degree murder that is a
hate crime shall be punished by imprisonment in the state prison for
life without the possibility of parole.
(b) The term authorized by subdivision (a) shall not apply unless
the allegation is charged in the accusatory pleading and admitted by
the defendant or found true by the trier of fact. The court shall
not strike the allegation, except in the interest of justice, in
which case the court shall state its reasons in writing for striking
the allegation.
(c) For the purpose of this section, "hate crime" has the same
meaning as in Section 422.55.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.
SEC. 6. Chapter 1 (commencing with Section 422.55) is added to
Title 11.6 of Part 1 of the Penal Code, to read:
CHAPTER 1. DEFINITIONS
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.
422.56. For purposes of this title, the following definitions
shall apply:
(a) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground 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 those 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.
(c) "Gender" means sex, and includes a person's gender identity
and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
(d) "In whole or in part because of" means that the bias
motivation 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" includes citizenship, country of origin, and
national origin.
(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.
422.57. For purposes this code, unless an explicit provision of
law or the context clearly requires a different meaning, "gender" has
the same meaning as in Section 422.56.
SEC. 7. A chapter heading is added to Chapter 2 immediately
preceding Section 422.6 of Title 11.6 of Part 1 of the Penal Code, to
read:
CHAPTER 2. CRIMES AND PENALTIES
SEC. 8. Section 422.6 of the Penal Code is amended to read:
422.6. (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States in whole or in part because of one or more
of the actual or perceived characteristics of the victim listed in
subdivision (a) of Section 422.55.
(b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, in whole or in part
because of one or more of the actual or perceived characteristics of
the victim listed in subdivision (a) of Section 422.55.
(c) Any person convicted of violating subdivision (a) or (b) shall
be punished by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed five thousand dollars ($5,000), or by
both the above imprisonment and fine, and the court shall order the
defendant to perform a minimum of community service, not to exceed
400 hours, to be performed over a period not to exceed 350 days,
during a time other than his or her hours of employment or school
attendance. However, no person may be convicted of violating
subdivision (a) based upon speech alone, except upon a showing that
the speech itself threatened violence against a specific person or
group of persons and that the defendant had the apparent ability to
carry out the threat.
(d) Conduct that violates this and any other provision of law,
including, but not limited to, an offense described in Article 4.5
(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,
may be charged under all applicable provisions. However, an act or
omission punishable in different ways by this section and other
provisions of law shall not be punished under more than one
provision, and the penalty to be imposed shall be determined as set
forth in Section 654.
SEC. 9. Section 422.7 of the Penal Code is amended to read:
422.7. Except in the case of a person punished under Section
422.6, any hate crime that is not made punishable by imprisonment in
the state prison shall be punishable by imprisonment in the state
prison or in a county jail not to exceed one year, by a fine not to
exceed ten thousand dollars ($10,000), or by both that imprisonment
and fine, if the crime is committed against the person or property of
another for the purpose of intimidating or interfering with that
other person's free exercise or enjoyment of any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States, under any of the following
circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of four
hundred dollars ($400).
(c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.
SEC. 10. Section 422.75 of the Penal Code is amended to read:
422.75. (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or
attempts to commit a felony that is a hate crime, shall receive an
additional term of one, two, or three years in the state prison, at
the court's discretion.
(b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
(c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
(d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime. This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
(e) Any additional term authorized by this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
(f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
(g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.
SEC. 11. Section 422.76 of the Penal Code is repealed.
SEC. 12. Section 422.77 is added to the Penal Code, to read:
422.77. (a) Any willful and knowing violation of any order issued
pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code
shall be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.
(b) A person who has previously been convicted one or more times
of violating an order issued pursuant to subdivision (a) or (b) of
Section 52.1 of the Civil Code upon charges separately brought and
tried shall be imprisoned in the county jail for not more than one
year. Subject to the discretion of the court, the prosecution shall
have the opportunity to present witnesses and relevant evidence at
the time of the sentencing of a defendant pursuant to this
subdivision.
(c) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
Section 52.1 of the Civil Code.
(d) The court may order a defendant who is convicted of a hate
crime to perform a minimum of community service, not to exceed 400
hours, to be performed over a period not to exceed 350 days, during a
time other than his or her hours of employment or school attendance.
SEC. 13. Section 422.78 is added to the Penal Code, to read:
422.78. The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders issued pursuant
to this title or Section 52.1 of the Civil Code.
SEC. 14. Section 422.86 is added to the Penal Code, to read:
422.86. (a) It is the public policy of this state that the
principal goals of sentencing for hate crimes, are the following:
(1) Punishment for the hate crimes committed.
(2) Crime and violence prevention, including prevention of
recidivism and prevention of crimes and violence in prisons and
jails.
(3) Restorative justice for the immediate victims of the hate
crimes and for the classes of persons terrorized by the hate crimes.
(b) The Judicial Council shall develop a rule of court guiding
hate crime sentencing to implement the policy in subdivision (a). In
developing the rule of court, the council shall consult experts
including organizations representing hate crime victims.
SEC. 15. Chapter 3 (commencing with Section 422.88) is added to
Title 11.6 of Part 1 of the Penal Code, to read:
CHAPTER 3. GENERAL PROVISIONS
422.88. (a) The court in which a criminal proceeding stemming
from a hate crime or alleged hate crime is filed shall take all
actions reasonably required, including granting restraining orders,
to safeguard the health, safety, or privacy of the alleged victim, or
of a person who is a victim of, or at risk of becoming a victim of,
a hate crime.
(b) Restraining orders issued pursuant to subdivision (a) may
include provisions prohibiting or restricting the photographing of a
person who is a victim of, or at risk of becoming a victim of, a hate
crime when reasonably required to safeguard the health, safety, or
privacy of that person.
SEC. 16. Section 422.89 is added to the Penal Code, to read:
422.89. It is the intent of the Legislature to encourage
counties, cities, law enforcement agencies, and school districts to
establish education and training programs to prevent violations of
civil rights and hate crimes and to assist victims.
SEC. 17. Section 422.9 of the Penal Code is repealed.
SEC. 18. Section 422.9 is added to the Penal Code, to read:
422.9. All state and local agencies 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.
SEC. 19. Section 422.91 is added to the Penal Code, to read:
422.91. The Department of Corrections and the California Youth
Authority, subject to available funding, shall do each of the
following:
(a) Cooperate fully and participate actively with federal, state,
and local law enforcement agencies and community hate crime
prevention and response networks and other anti-hate groups
concerning hate crimes and gangs.
(b) Strive to provide inmates with safe environments in which they
are not pressured to join gangs or hate groups and do not feel a
need to join them in self-defense.
SEC. 20. Section 422.93 is added to the Penal Code, to read:
422.93. (a) It is the public policy of this state to protect the
public from crime and violence by encouraging all persons who are
victims of or witnesses to crimes, or who otherwise can give evidence
in a criminal investigation, to cooperate with the criminal justice
system and not to penalize these persons for being victims or for
cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a hate
crime, or who otherwise can give evidence in a hate crime
investigation, is not charged with or convicted of committing any
crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or
report or turn the individual over to federal immigration
authorities.
SEC. 21. Section 422.95 of the Penal Code is amended and
renumbered to read:
422.85. (a) In the case of any person who is convicted of any
offense defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413,
or for any hate crime, the court may order that the defendant be
required to do one or all of the following as a condition of
probation:
(1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
anti-social behavior if that class, program, or training is
available and was developed or authorized by the court or local
agencies in cooperation with organizations serving the affected
community.
(2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
(3) Be required to reimburse the victim for reasonable costs of
counseling and other reasonable expenses that the court finds are the
direct result of the defendant's acts.
(b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.
SEC. 21.1. Section 422.95 of the Penal Code is amended and
renumbered to read:
422.85. (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or sexual
orientation, including, but not limited to offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, the court, absent compelling circumstances stated on the
record, shall make an order protecting the victim, or known immediate
family or domestic partner of the victim, from further acts of
violence, threats, stalking, or harassment by the defendant,
including any stay-away conditions the court deems appropriate, and
shall make obedience of that order a condition of the defendant's
probation. In these cases the court may also order that the
defendant be required to do one or more of the following as a
condition of probation:
(1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
(3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
(b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.
SEC. 22. Section 594.3 of the Penal Code is amended to read:
594.3. (a) Any person who knowingly commits any act of vandalism
to a church, synagogue, mosque, temple, building owned and occupied
by a religious educational institution, or other place primarily used
as a place of worship where religious services are regularly
conducted or a cemetery is guilty of a crime punishable by
imprisonment in the state prison or by imprisonment in the county
jail for not exceeding one year.
(b) Any person who knowingly commits any act of vandalism to a
church, synagogue, mosque, temple, building owned and occupied by a
religious educational institution, or other place primarily used as a
place of worship where religious services are regularly conducted or
a cemetery, which is shown to have been a hate crime and to have
been committed for the purpose of intimidating and deterring persons
from freely exercising their religious beliefs, is guilty of a felony
punishable by imprisonment in the state prison.
(c) For purposes of this section, "hate crime" has the same
meaning as Section 422.55.
SEC. 23. Section 1170.75 of the Penal Code is amended and
renumbered to read:
422.76. Except where the court imposes additional punishment
under Section 422.75 or in a case in which the person has been
convicted of an offense subject to Section 1170.8, the fact that a
person committed a felony or attempted to commit a felony that is a
hate crime shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.
SEC. 24. Section 11410 of the Penal Code is amended to read:
11410. (a) The Legislature finds and declares that it is the
right of every person regardless of actual or perceived disability,
gender, nationality, race or ethnicity, religion, sexual orientation,
or association with a person or group of these actual or perceived
characteristics, to be secure and protected from fear, intimidation,
and physical harm caused by the activities of violent groups and
individuals. It is not the intent of this chapter to interfere with
the exercise of rights protected by the Constitution of the United
States. The Legislature recognizes the constitutional right of every
citizen to harbor and express beliefs on any subject whatsoever and
to associate with others who share similar beliefs. The Legislature
further finds however, that the advocacy of unlawful violent acts by
groups against other persons or groups under circumstances where
death or great bodily injury is likely to result is not
constitutionally protected, poses a threat to public order and safety
and should be subject to criminal and civil sanctions.
(b) For purposes of this section, the terms "disability," "gender,"
"nationality," "race or ethnicity," "religion," "sexual orientation,"
and "association with a person or group with these actual or
perceived characteristics" have the same meaning as in Section 422.55
and 422.56.
SEC. 25. Section 11413 of the Penal Code is amended to read:
11413. (a) Any person who explodes, ignites, or attempts to
explode or ignite any destructive device or any explosive, or who
commits arson, in or about any of the places listed in subdivision
(b), for the purpose of terrorizing another or in reckless disregard
of terrorizing another is guilty of a felony, and shall be punished
by imprisonment in the state prison for three, five, or seven years,
and a fine not exceeding ten thousand dollars ($10,000).
(b) Subdivision (a) applies to the following places:
(1) Any health facility licensed under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code, or any
place where medical care is provided by a licensed health care
professional.
(2) Any church, temple, synagogue, mosque, or other place of
worship.
(3) The buildings, offices, and meeting sites of organizations
that counsel for or against abortion or among whose major activities
are lobbying, publicizing, or organizing with respect to public or
private issues relating to abortion.
(4) Any place at which a lecture, film-showing, or other private
meeting or presentation that educates or propagates with respect to
abortion practices or policies, whether on private property or at a
meeting site authorized for specific use by a private group on public
property, is taking place.
(5) Any bookstore or public or private library.
(6) Any building or facility designated as a courthouse.
(7) The home or office of a judicial officer.
(8) Any building or facility regularly occupied by county
probation department personnel in which the employees perform
official duties of the probation department.
(9) Any private property, if the property was targeted in whole or
in part because of any of the actual or perceived characteristics of
the owner or occupant of the property listed in subdivision (a) of
Section 422.55.
(10) Any public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive.
(c) As used in this section, "judicial officer" means a
magistrate, judge, justice, commissioner, referee, or any person
appointed by a court to serve in one of these capacities, of any
state or federal court located in this state.
(d) As used in this section, "terrorizing" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.
(e) Nothing in this section shall be construed to prohibit the
prosecution of any person pursuant to Section 12303.3 or any other
provision of law in lieu of prosecution pursuant to this section.
SEC. 26. Section 13023 of the Penal Code is amended to read:
13023. (a) Subject to the availability of adequate funding, the
Attorney General 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.
(b) On or before July 1 of each year, the Department of Justice
shall submit a report to the Legislature analyzing the results of the
information obtained from local law enforcement agencies pursuant to
this section.
(c) For purposes of this section, "hate crime" has the same
meaning as in Section 422.55.
SEC. 27. Section 13515.25 of the Penal Code is amended to read:
13515.25. (a) By July 1, 2006, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education classroom training course relating to law enforcement
interaction with mentally disabled persons. The training course
shall be developed by the commission in consultation with appropriate
community, local, and state organizations and agencies that have
expertise in the area of mental illness and developmental disability,
and with appropriate consumer and family advocate groups. In
developing the course, the commission shall also examine existing
courses certified by the commission that relate to mentally disabled
persons. The commission shall make the course available to law
enforcement agencies in California.
(b) The course described in subdivision (a) shall consist of
classroom instruction and shall utilize interactive training methods
to ensure that the training is as realistic as possible. The course
shall include, at a minimum, core instruction in all of the
following:
(1) The cause and nature of mental illnesses and developmental
disabilities.
(2) How to identify indicators of mental disability and how to
respond appropriately in a variety of common situations.
(3) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally disabled persons.
(4) Appropriate language usage when interacting with mentally
disabled persons.
(5) Alternatives to lethal force when interacting with potentially
dangerous mentally disabled persons.
(6) Community and state resources available to serve mentally
disabled persons and how these resources can be best utilized by law
enforcement to benefit the mentally disabled community.
(7) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
(c) The commission shall submit a report to the Legislature by
October 1, 2004, that shall include all of the following:
(1) A description of the process by which the course was
established, including a list of the agencies and groups that were
consulted.
(2) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, the course or
other courses certified by the commission relating to mentally
disabled persons from July 1, 2001, to July 1, 2003, inclusive.
(3) Information on the number of law enforcement agencies that
utilized, and the number of officers that attended, courses certified
by the commission relating to mentally disabled persons from July 1,
2000, to July 1, 2001, inclusive.
(4) An analysis of the Police Crisis Intervention Training (CIT)
Program used by the San Francisco and San Jose Police Departments, to
assess the training used in these programs and compare it with
existing courses offered by the commission in order to evaluate the
adequacy of mental disability training available to local law
enforcement officers.
(d) The Legislature encourages law enforcement agencies to include
the course created in this section, and any other course certified
by the commission relating to mentally disabled persons, as part of
their advanced officer training program.
(e) It is the intent of the Legislature to reevaluate, on the
basis of its review of the report required in subdivision (c), the
extent to which law enforcement officers are receiving adequate
training in how to interact with mentally disabled persons.
SEC. 28. Section 13519.4 of the Penal Code is amended to read:
13519.4. (a) The commission shall develop and disseminate
guidelines and training for all law enforcement officers in
California as described in subdivision (a) of Section 13510 and who
adhere to the standards approved by the commission, on the racial and
cultural differences among the residents of this state. The course
or courses of instruction and the guidelines shall stress
understanding and respect for racial and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a racially and culturally diverse environment.
(b) The course of basic training for law enforcement officers
shall include adequate instruction on racial and cultural diversity
in order to foster mutual respect and cooperation between law
enforcement and members of all racial and cultural groups. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of cultural awareness and diversity.
(c) For the purposes of this section the following shall apply:
(1) "Disability," "gender," "nationality," "religion," and "sexual
orientation" have the same meaning as in Section 422.55.
(2) "Culturally diverse" and "cultural diversity" include, but are
not limited to, disability, gender, nationality, religion, and
sexual orientation issues.
(3) "Racial" has the same meaning as "race or ethnicity" in
Section 422.55.
(d) The Legislature finds and declares as follows:
(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.
(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
(4) The working men and women in California law enforcement risk
their lives every day. The people of California greatly appreciate
the hard work and dedication of law enforcement officers in
protecting public safety. The good name of these officers should not
be tarnished by the actions of those few who commit discriminatory
practices.
(e) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
(f) A law enforcement officer shall not engage in racial
profiling.
(g) Every law enforcement officer in this state shall participate
in expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.
(h) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling. In developing the training, the
commission shall consult with appropriate groups and individuals
having an interest and expertise in the field of racial profiling.
The course of instruction shall include, but not be limited to,
adequate consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
(2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
(i) Once the initial basic training is completed, each law
enforcement officer in California as described in subdivision (a) of
Section 13510 who adheres to the standards approved by the commission
shall be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial and cultural trends.
(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies
collecting such data submit it in the requested manner.
The Legislative Analyst shall provide to the Legislature a report and
recommendations with regard to racial profiling by July 1, 2002.
SEC. 29. Section 13519.6 of the Penal Code is amended to read:
13519.6. (a) The commission 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 victim's 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 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, 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-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any
other future hate crime waves that the Attorney General determines
are likely.
(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. The elements of the framework shall
include, but not be limited to, the following:
(1) A message from the law enforcement agency's chief executive
officer to the agency's officers and staff concerning the importance
of hate crime laws and the agency's 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 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 2003-04 session of the Legislature, beginning with officers
who have not previously received the training. Correctional agencies
shall adapt the course as necessary.
(e) As used in this section, "peace officer" means any person
designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this
section by legislation adopted in 2004 shall be implemented by July
1, 2007.
SEC. 30. Section 13519.64 is added to the Penal Code, to read:
13519.64. (a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice and "Hate, Violence, and Death: A Report on Hate Crimes
Against People Experiencing Homelessness from 1999-2002" by the
National Coalition for the Homeless demonstrate that California has
had serious and unaddressed problems of crime against homeless
persons, including homeless persons with disabilities.
(b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training, using available funding, shall develop a two-hour
telecourse to be made available to all law enforcement agencies in
California on crimes against homeless persons and on how to deal
effectively and humanely with homeless persons, including homeless
persons with disabilities. The telecourse shall include information
on multimission criminal extremism, as defined in Section 13519.6.
In developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
(2) Every state law enforcement agency, and every local law
enforcement agency, to the extent that this requirement does not
create a state-mandated local program cost, shall provide the
telecourse to its peace officers.
SEC. 31. Section 13870 of the Penal Code is repealed.
SEC. 32. Section 13871 of the Penal Code is repealed.
SEC. 33. Section 13873 of the Penal Code is amended and renumbered
to read:
422.92. (a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide
existing brochures, making revisions as needed, to local law
enforcement agencies upon request for reproduction and distribution
to victims of hate crimes and other interested parties. In carrying
out these responsibilities, the department shall consult the Fair
Employment and Housing Commission, the Department of Justice, and the
Victim Compensation and Government Claims Board.
SEC. 34. Section 21.1 of this bill incorporates amendments to
Section 422.95 of the Penal Code proposed by both this bill and AB
2428. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2005, (2) each bill
amends Section 422.95 of the Penal Code, and (3) this bill is enacted
after AB 2428, in which case Section 21 of this bill shall not
become operative.
SEC. 35. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.