BILL ANALYSIS
SB 1234
Page A
Date of Hearing: June 15, 2004
Counsel: Harry Ermoian
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 1234 (Kuehl) - As Amended: May 24, 2004
SUMMARY : Redrafts, reorganizes, and expands the laws relating
to hate crimes. Expands Commission on Peace Officer Standards
(POST) training course requirements, and makes other related
changes. Specifically, this bill :
1)Defines "hate crime" for the purposes of state law, unless an
explicit provision of law or the context clearly requires a
different meaning, as a criminal act committed, in whole or in
part, because the victim is perceived to have one or more of
the following actual or perceived characteristics:
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or association with a person or group with
one or more of these actual or perceived characteristics.
2)Defines the following terms for purposes of the hate crime
provisions created and amended by this bill:
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 under the definition of hate
crime established in this bill.
b) "Disability" includes mental disability and physical
disability as defined in Government Code Section 12926.
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.
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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. Provides that when
multiple concurrent motives exist, the prohibited bias must
be a substantial factor in bringing about the particular
result. But also provides that 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.
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.
3)Amends the bias-motivated first-degree murder statute to
incorporate the new hate crime definition.
4)Amends the bias-motivated crime against a person or property
statutes and hate-motivated enhancement statutes to
incorporate the new hate crime definition.
5)Amends and relocates the bias-motivated sentencing aggravation
statute to include the new hate crime definition.
6)Amends the statute related to acts of vandalism against a
religious facility to specifically include mosques and
temples, as well as incorporate the new hate crime definition.
7)Amends the existing statement of legislative intent and
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corresponding statute regarding explosives used to terrorize
to incorporate the new hate crime definition, as well as
specifically include a mosque among the places of worship
covered by the law.
8)Lowers the threshold amount of damage in the commission of a
bias-motivated crime against the property of another person
from $500 to $400, which allows the offense to be charged as a
felony.
9)Provides that all state and local agencies shall use the new
hate crime definition, except where other explicit state or
federal law provisions require otherwise.
10)Deletes the current provision applying the existing
definition of gender to specific code sections and provides
that the revised definition of gender established in this bill
shall apply throughout the Penal Code, unless an explicit
provision of law or context requires a different meaning, and
changes the cross-reference in the definition of "sex" within
the Fair Employment and Housing Act to the revised definition
of gender.
11)Declares that it is the public policy of California that the
principal goals of sentencing for hate crimes are as follows:
a) Punishment for the hate crimes committed.
b) Crime and violence prevention, including prevention of
recidivism and prevention of crimes and violence in prisons
and jails.
c) Restorative justice for the immediate victims of the
hate crimes and for the classes of persons terrorized by
the hate crimes.
12)Directs Judicial Council to develop a rule of court guiding
hate crime sentencing.
13)Amends and renumbers the existing provision establishing
penalties for a willful and knowing violation of an order
issued pursuant to specified Civil Code non-discrimination
provisions to authorize the court to order a defendant
convicted of a hate crime to perform a minimum of community
service, as specified. Makes corresponding cross-reference
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changes to the Civil Code to reflect the relocation of the
penalty provision in the Penal Code. Provides that the county
prosecuting agency shall have primary responsibility for
enforcement of orders issued pursuant to the this Civil Code
provision and the criminal Civil Rights title.
14)Expands the list of offenses where a court may require the
convicted person, as a condition of probation, to complete
civil rights-related training, make payments to entities that
provide services to victims of hate crimes, or reimburse the
victim for counseling costs to include the offenses of
disturbing religious meetings, violations of the Freedom of
Access to Clinics and Church Entrances Act, threats
obstructing the exercise of religion, and acts to terrorize,
as defined, as well as the revised hate crime offenses.
15)Provides in a hate crime case or alleged hate crime case, the
court "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."
16)Declares that it is the public policy of California 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.
17)Provides that "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."
18)Provides that the Department of Corrections and the
California Youth Authority, subject to available funding,
shall cooperate fully and participate actively with specified
groups concerning hate crimes and gangs, as well as "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."
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19)Amends and renumbers the existing provision of law stating
legislative intent that local governments, law enforcement,
and school districts establish education and training programs
to prevent civil rights violations and hate crimes to also add
a victim assistance component.
20)Amends existing law requiring local law enforcement to report
information regarding bias-motivated crimes to the Attorney
General to require information pursuant to the new hate crime
definition, as well as local department general orders or
formal policies on hate crimes.
21)Revises the POST training course relating to law enforcement
interaction with developmentally disabled and mentally
disabled persons to incorporate the term mentally disabled and
include instruction on disability bias-related crimes.
22)Revises POST training on racial and cultural differences to
incorporate the definitions of disability, gender,
nationality, religion, and sexual orientation provided for in
this bill.
23)Revises POST training on hate crimes to include instruction
on "multi-mission criminal extremism," as defined, the special
problems inherent in some categories of hate crimes, as
specified, and techniques and methods to handle these special
problems, and preparation for, and response to, possible
increases in anti-Arab/Middle Eastern and anti-Islamic hate
crimes as well as any other future hate crimes that the
Attorney General determines are likely.
24)Provides that the POST guidelines 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. Specifies that the framework
shall include a message concerning the importance of hate
crime laws and the agency's commitment to law enforcement, the
new definition of hate crime; references to hate crime
statutes, and a title-by-title specific protocol for use by
agency personnel.
25)Recognizes the findings of reports prepared by the Department
of Justice and the National Coalition for the Homeless and
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requires POST to develop a training course on crimes against
homeless persons.
26)Repeals an existing statute making legislative findings
regarding racial, ethnic and religious crimes that occur in
California and intent to establish a statewide center to
receive information on these crimes.
27)Repeals an existing statute that previously required the
Attorney General to report on racial, ethnic, and religious
crimes.
28)Relocates and amends the existing statute requiring local law
enforcement to provide hate-crime related brochures to direct
the Department of Fair Employment and Housing to work with
other specified departments in assisting with this
requirement.
29)Amends existing Education Code non-discrimination provisions
to incorporate the new hate crime definition.
EXISTING LAW :
1)Provides a person who commits first-degree murder shall be
punished by imprisonment in the state prison for life without
the possibility of parole if the defendant intentionally
killed the victim because of the victim's actual or perceived
disability, gender, or sexual orientation. (Penal Code
Section 190.3.)
2)Provides that it is a misdemeanor, punishable by up to one
year in county jail and/or a fine up to $5,000 and community
service, for a person to do either of the following:
a) 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 the other person by the Constitution
or laws of California or by the Constitution or laws of the
United States because of the other person's actual or
perceived race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation [Penal Code
Section 422.6(a)]; or,
b) Knowingly deface, damage, or destroy the real or
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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 California or by the
Constitution or laws of the United States because of the
other person's actual or perceived race, color, religion,
ancestry, national origin, disability, gender, or sexual
orientation. [Penal Code Section 422.6(b).]
3)Provides that unless punished under Penal Code Section 422.6,
it is an alternate felony-misdemeanor and/or a fine not to
exceed $10,000 for interfering with another person's free
exercise or enjoyment of any right or privilege secured to the
other person by the Constitution or laws of California or by
the Constitution or laws of the United States through the use
or threat of force to injure, intimidate, interfere with,
oppress, or threaten another person; or the defacing,
damaging, or destroying real or personal property of another
person because of that person's actual or perceived race,
color, religion, ancestry, national origin, disability, gender
or sexual orientation, under specified circumstances,
including a crime against property causing in excess of $500
damage. (Penal Code Section 422.7.)
4)Provides that a person who commits or attempts to commit a
felony because of a victim's actual or perceived race, color,
religion, nationality, country of origin, ancestry,
disability, gender, sexual orientation, and not punished
pursuant to Penal Code Section 422.7, shall receive an
additional term of one, two, or three years in the state
prison, at the court's discretion. [Penal Code Section
422.75(a).]
5)Provides that a person who commits or attempts to commit a
felony against the property of a public or private
institution, including a school, place of worship, or offices
of an advocacy group, because the property is identified or
associated with a person or group of an identifiable race,
color, religion, nationality, country of origin, ancestry,
gender, disability, or sexual orientation, and not punished
pursuant to Penal Code Section 422.7 or Penal Code Section
422.75(a), shall receive an additional term of one, two, or
three years in the state prison, at the court's discretion.
[Penal Code Section 422.75(b).]
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6)Provides that a person who commits or attempts to commit a
felony because of the victim's actual or perceived race,
color, religion, nationality, country of origin, ancestry,
gender, disability, or sexual orientation, and who voluntarily
acted in concert with another person, and not punished
pursuant to Penal Code Section 422.7 or Penal Code Section
422.75(a) or (b), shall receive an additional term of two,
three, or four years in the state prison, at the court's
discretion. [Penal Code Section 422.75(c).]
7)Provides that a person punished pursuant to Penal Code Section
422.75 also shall receive an additional one year in the state
prison for each prior felony conviction of a crime committed
because of the victim's actual or perceived race, color,
religion, nationality, country of origin, ancestry,
disability, gender, or sexual orientation, or because the
defendant perceived that the victim had one or more of these
characteristics. [Penal Code Section 422.75(e).]
8)Defines for the purpose of specified hate crime-related
statutes "gender" as the victim's actual or perceived sex,
including the perception of the person's identity, appearance,
or behavior, "whether or not that identity, appearance, or
behavior is different from that traditionally associated with
the victim's sex at birth". (Penal Code Section 422.76.)
9)Provides that, except as otherwise required by law, nothing in
Title 11.6 (commencing with Penal Code Section 422.6) shall be
construed to prevent or limit the prosecution of any person
pursuant to any provision of law. (Penal Code Section 422.8.)
10)Provides that any willful and knowing violation of any order
issued pursuant to Civil Code Section 52.1 shall be a
misdemeanor punishable by a fine of not more than $1,000 or by
imprisonment in the county jail for not more than six months
or by both the fine and imprisonment. If the person has a
prior violation, then he or she shall be imprisoned in the
state prison for not more than one year. (Penal Code Section
422.9.)
11)Provides that a person granted probation for a violation of
specified offenses may be ordered to complete a course or
program on racial or ethnic sensitivity, a similar training on
civil rights, or training intended to reduce violent or
anti-social tendencies; make payments or compensation make
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payments to entities that provide services to victims of hate
violence; and/or, reimburse the victim for counseling or other
expenses that accrue as a direct result of the defendant's
actions. Provides that any payments or other compensation
ordered under this section shall be in addition to restitution
and shall be made only after restitution is paid in full.
(Penal Code Section 422.95.)
12)Provides that any person who knowingly commits any act of
vandalism to a church, synagogue, building owned and occupied
by a religious educational institution, or other place of
worship, or a cemetery, is guilty of an alternate
felony-misdemeanor. If the act is shown to have been
committed by reason of the race, color, religion, or national
origin of another individual or group of individuals and to
have been committed for the purpose of intimidating and
deterring persons from freely exercising their religious
beliefs is guilty of a felony. (Penal Code Section 594.3.)
13)Provides that except where the court imposes additional
punishment under Penal Code Section 422.75, or in a case in
which the person has been convicted of an offense subject to a
factor in aggravation because it occurred in a place of
worship, the fact that a person committed a felony or
attempted felony because of the victim's race, color,
religion, nationality, country of origin, ancestry,
disability, gender, or sexual orientation, or because he or
she perceived the victim had one or more of those
characteristics shall be considered a circumstance in
aggravation when imposing a sentence. (Penal Code Section
1170.75.)
14)Provides that the Legislature finds and declares that it is
the right of every person regardless of race, color, creed,
religion, gender, or national origin to be secure and
protected from fear, intimidation, and physical harm caused by
the activities of violent groups and individuals. (Penal Code
Section 11410.)
15)Provides that any person who explodes, ignites, or attempts
to explode or ignite any destructive device or explosive, or
who commits arson, for the purpose of terrorizing and the
place is a church, temple, synagogue, other place of worship,
or private property targeted because of the race, religion,
ancestry, national origin, disability, gender, or sexual
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orientation of the owner or occupant is guilty of a felony
punishable by three, five, or seven years in prison and a fine
not to exceed $10,000. (Penal Code Section 11413.)
16)Provides that in an action brought pursuant to Civil Code
Section 52.1 (regarding interference with civil rights), if a
court issues a temporary restraining order or a preliminary or
permanent injunction ordering a defendant to refrain from
conduct or activities, the order issued shall include a
statement that, among other remedies, a violation is a crime
punishable under Penal Code Section 422.9. [Civil Code
Section 52.1(c), (d), and (i).]
17)Provides that 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 basis that
is contained in the prohibition of hate crimes set forth in
the Penal Code. (Education Code Section 200.)
18)Provides that 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 basis that is contained in the prohibition
of hate crimes set forth in 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.
(Education Code Section 220.)
19)Provides that the Attorney General shall direct local law
enforcement agencies to report to the Department of Justice
information regarding criminal acts motivated by the victim's
race, ethnicity, religion, sexual orientation, or physical or
mental disability. (Penal Code Section 13023.)
20)Provides that POST shall establish and keep updated a
training course relating to law enforcement interaction with
developmentally disabled and mentally disabled persons and
sets forth what the course shall contain. (Penal Code Section
13515.25.)
21)Provides that POST shall develop and disseminate guidelines
and training for all law enforcement officers in California on
racial and cultural differences among residents of this state,
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as specified. (Penal Code Section 13519.4.)
22)Provides POST shall develop guidelines, and a course of
instruction and training for law enforcement officers
addressing hate crimes, as specified. (Penal Code Section
13519.6.)
23)Provides that every law enforcement agency in California
shall make available a brochure on hate crimes to victims of
these crimes and the public and that the Department of Fair
Employment and Housing shall provide existing brochures,
making revisions as needed, to local law enforcement agencies
upon the request for reproduction and distribution to victims
of hate crimes and other interested parties. (Penal Code
Section 13873.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author: "While
California's hate crime statutes are among the strongest in
the nation, there are a number of inconsistencies and
ambiguities in California law that create difficulties with
enforcement. One of the problem stems from the fact that the
various hate crime statutes in California are inconsistent in
their basic definition of a hate crime, this inconsistency
leads to confusion on the part of state and local
agencies.<1>,<2> The law is also unclear about whether hate
crime protections extend to victims who are targeted because
of their association with a particular group.<3> Also, there
are no formal sentencing guidelines regarding hate crimes.
Although general orders or formal policies on hate crimes
increases an agency's propensity to report hate crime by
---------------------------
<1>Attorney General's Civil Rights Commission: Reporting Hate
Crimes . Final Report, 2001. Finding 8, Page 20.
<2>Christopher, Warren and Deukmejian, George. Governor's
Advisory Panel on Hate Groups Final Report . January 2000.
Legislative Recommendations, Page 7.
<3>Christopher, Warren and Deukmejian, George. Governor's
Advisory Panel on Hate Groups Final Report . January 2000.
Legislative Recommendations, Page 49.
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approximately 25%, only 49% of California law enforcement and
sheriff agencies had formal policies relating to hate crime in
place.<4> Neither the law nor police officer training has
kept up to date in terms of responding to the most recent and
likely future waves of anti-Arab and anti-Islamic hate
crimes.<5>,<6>,<7> Additionally, there are special problems
associated with identifying and responding to certain types of
hate crime that merit additional training to assist law
enforcement officers in fully implementing California's hate
crime statutes.<8> Furthermore, the specter of being turned
over to Federal immigration authorities prevents out-of-status
immigrants who are victims or witnesses to hate crime from
fully cooperating with law enforcement. Much concern has been
raised about the high rate of violent crime against the
homeless and in particular mentally ill homeless persons.<9>
Many of these crimes might be based upon disability bias.
While there is no consensus yet that housing status should be
added as a characteristic protected by California's hate crime
statutes, it is clear that there should be further study of
the issue and training for police officers on addressing
crimes against the homeless."
---------------------------
<4>Jenness, Valeria and Grattet, Ryken. Hate Crime Policing in
California . California Policy Research Center. August 2003,
Page 3.
<5>Caught in the Backlash: Stories from Northern California ,
American Civil Liberties Union of Northern California, 2002.
<6>Hate, Violence, and Death on Main Street USA: A report on
Hate Crimes and Violence Against People Experiencing
Homelessness from 1999-2002 . National Coalition for the
Homeless, April 2003.
<7>Report on Hate Crimes and Discrimination Against Arab
Americans: The Post-September 11 Backlash, September 11, 2001 -
October 11, 2002 . American-Arab Anti-Discrimination Committee.
2003.
<8> Attorney General's Civil Rights Commission: Reporting Hate
Crimes . Final Report, 2001. Recommendation 7, Page 30.
<9> Hate, Violence, and Death on Main Street USA: A Report on
Hate Crimes and Violence Against People Experiencing
Homelessness from 1999-2002 . National Coalition for the
Homeless. April 2003.
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2)Origin and Purpose of this Bill : According to the author's
office, this bill includes the recommendations of a soon to be
released Senate Office of Research Report on Hate Crimes that
the author requested. This bill would establish a uniform
definition of "hate crime" and apply this revised definition
to all existing relevant offenses. This bill would also apply
the revised definition to existing reporting, training, and
certain other anti-discrimination laws. Additionally, this
bill would make several policy declarations related to hate
crimes.
3)Defines "Hate Crime", But Some of the Included Definitions
Could be Clarified : Under existing law, there is no uniformly
applicable definition of hate crime. Instead, the relevant
statutes generally provided that the offense was a hate crime
if it was motivated because of the victim's race, color,
religion, ancestry, national origin, disability, gender, or
sexual orientation though this list may vary from statute to
statute. Some of the statutes also provided that it would be
a hate crime if it were motivated by the offender's perception
that the victim had one or more of those characteristics.
This bill would define a "hate crime" as a criminal act
committed, in whole or in part, because of one or more of the
following actual or perceived characteristics of the victim:
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, association with a person or group with
one or more of these actual or perceived characteristics.
This bill then defines each one of these terms. The
definitions used are generally consistent with the current
category of characteristics covered by existing law. The
definitions of association with and victim appear to be
substantial departures from existing law:
a) Association : The most substantial change in the
definition of hate crime is to expand hate crimes to
include persons "associated with a person or group with one
or more of these actual or perceived characteristics."
This bill defines "association with a person or group" as
including "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,
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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 under the
definition of hate crime.
The author asserts that the law is unclear as to whether
hate crime protections extend to victims who are targeted
because of their association with a particular group.
Although the law may extend if a victim was perceived to
have a characteristic by virtue of association, the
statutes do not directly include association with a person
or group. However, the definition established in this bill
would appear to include circumstances substantially beyond
that which would be included in existing law, and
potentially beyond the circumstances prompting the change.
As noted above, existing law includes offenses because of a
victim's actual or perceived characteristics. While it is
possible that defining a hate crime by virtue of advocacy
for identification with a person or entity with the
identified characteristics may exceed the bounds of
perceiving that the victim had the characteristic, it would
appear to be consistent, provided the requisite motivation
("because of") exists. However, this definition also
allows for a hate crime to occur as a result of being on
the ground owned or rented by or adjacent to any of the
facilities, persons, or entities listed above. Should
physical proximity be sufficient to constitute a hate
crime? Are the constraints in this language sufficiently
definite to distinguish between what would or would not
constitute a hate crime?
b) Victim : Under existing law, a "victim" is described by
virtue of his or her actual or perceived characteristics.
This bill would define a victim as including "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." While some of
the existing bias-motivated crimes include crimes against
property, is it unclear what effect this change would have
and whether it is necessary to expand the definition of
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victim to include these places and structures.
c) In Whole or in Part Because of : Under existing law, the
term "because of" is defined as requiring that "the bias
motivation must be a cause in fact of the offense, whether
or not other causes also exist." It also currently
provides that "when multiple concurrent motives exist, the
prohibited bias must be a substantial factor in bringing
about the particular result." This bill would recast
"because of" with "in whole or in part because of" and also
provides that 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."
While the additional language may be intended to further
clarify what motivation for the conduct and offense must
exist, it is not certain that this language achieves this
objective. For example, is not necessarily clear how "a
substantial factor" differs from "a main factor," other
than that the former is required and the latter not. Is
the additional language necessary and clarifying?
4)Definitional Change May Result in More Frequent Charging of
Offenses as Hate Crimes : The bias-motivated crimes under
existing law include first-degree murder; threatening,
interfering, or injuring another person in the free exercise
of any right or privilege guaranteed under law; knowingly
defacing, damaging, or destroying real property to intimidate
or interfere with a person's free exercise or any right or
privilege guaranteed under law; committing an act of vandalism
against a religious facility; and exploding, igniting or
attempting to explode or ignite an explosive or destructive
device for the purpose of terrorizing. The law provides for
additional terms of imprisonment for bias-related crimes
against a person. Existing law provides that the fact that a
person committed a felony or attempted felony because of the
victim's actual or perceived characteristics described above
shall be considered a circumstance in aggravation of the crime
when imposing a sentence.
As this bill would substantially expand the circumstances that
would constitute a hate crime, the effect may be to have an
increased number of offenses charged under one of the existing
hate crime statutes or have one of the hate crime enhancements
apply to a case. While the hate crime offenses include
misdemeanors, alternate felony-misdemeanors, and felonies, it
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also includes the special category of first-degree murder,
which carries the penalty of life in prison without the
possibility of parole.
5)Lowered Threshold for Bias-Motivated Vandalism : Existing law
provides that any person who maliciously destroys, damages, or
defaces the real or personal property of another person is
guilty of vandalism, an alternate felony-misdemeanor. In
1998, the Legislature passed AB 1386 (Goldsmith), Chapter 853,
Statutes of 1998, which reduced the dollar amount in
California's general vandalism statute that permits
prosecution as an alternate felony-misdemeanor. As a result
of AB 1386, an act of vandalism causing $400 or more in
property damage can be prosecuted as a felony or a
misdemeanor. However, the $500 threshold for bias-motivated
vandalism was not reduced to conform with the reduction in
general vandalism statute. This bill would adjust the
threshold amount of damage in the case of bias-motivated
vandalism from $500 to $400.
6)Declaration of State Sentencing Policy : This bill makes
several legislative declarations, including declaring that it
is the public policy of California that the principal goals of
sentencing for hate crimes are punishment; crime and violence
prevention, including prevention of recidivism and prevention
of crimes and violence in prisons and jails; and restorative
justice for the immediate victims and for classes of persons
terrorized by hate crimes. Is this an accurate statement of
legislative intent or necessary in light of the existing and
proposed statutory framework that includes additional terms of
imprisonment, conditions of probation, and additional training
for peace officers and information for the public? This bill
would require the Judicial Council to develop a rule of court
guiding hate crime sentencing consistent with this
declaration.
7)Hate Crime-Related Conditions of Probation Expanded to Include
Other Offenses : This bill would expand the existing statute
authorizing racial sensitivity, ethnic sensitivity, civil
rights, or violence counseling, compensation to a entities
providing service for victims of hate violence, and direct
victim reimbursement as conditions of probation. The existing
offenses generally would be considered hate-related crimes and
the potential conditions are therefore appropriate. This bill
would add several additional offenses, including offenses
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under the California Freedom of Access to Clinics and Church
Entrances Act and disturbing religious meetings. Are the
existing conditions appropriate for persons convicted of these
offenses?
8)Hate Crimes in California : According to the Attorney
General's 2002 report on hate crime in California, the number
of hate crime events in 2002 decreased sharply from 2001. In
2002, there were 1,659 hate crime events, reflecting a
decrease from the previous year of 26.6%. Similarly, the
number of hate crime victims, offenses, and suspects were also
substantially lower. Of those hate crime events, 62.4% were
for race, ethnicity, or national origin; 22.1% for sexual
orientation; 14.4% for religion; 0.7% for gender; and 0.4% for
disability. Additionally, there were 539 hate crime cases
referred to prosecutors and 351 complaints filed as hate
crimes in 2002. Of those filed as hate crimes, 164 of the
cases resulted in hate crime convictions. The Attorney
General's report on hate crimes may be found at
www.ag.ca.gov/cjsc/publications/hatecrimes/pub.htm .
9)Related Legislation :
a) AB 1920 (LaMalfa) adds a statement that conduct
violating Penal Code Section 422.6 and any other provision
of law may be charged under all applicable provisions
including, but not limited to, a provision within
California's terrorizing law. AB 1920 is pending on the
Senate Third Reading File.
b) AB 2288 (Pacheco) would also lower the threshold amount
of damage in the commission of a "hate-motivated" crime
against the property of another person from $500 to $400.
AB 2288 is scheduled to be heard by the Senate Public
Safety Committee on June 15, 2004.
REGISTERED SUPPORT / OPPOSITION :
Support
Anti-Defamation League
California Church Impact
California National Organization for Women
California Teachers Association
Commission on the Status of Women
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Community United Against Violence
Crime Victims United
Equality California
Jewish Community Relations Council
Lambda Letters Project
Los Angeles Coalition to End Hunger & Homelessness
Metropolitan Community Church Los Angeles
Mexican American Legal Defense and Education Fund
Muslim Public Affairs Council
National Center for Lesbian Rights
National Coalition of the Homeless
Office of the Attorney General
Our Family Coalition
Pride at Work
San Francisco Lesbian, Gay, Bisexual, Transgender Community
Center
Sikh Mediawatch and Resource Task Force
Stonewall Democratic Club of Greater Sacramento
Transgender Law Center
Western Center on Law and Poverty
Opposition
Campaign for California Families
Capitol Resources Institute
Analysis Prepared by : Harry Ermoian / PUB. S. / (916)
319-3744