BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1234
Author: Kuehl (D), et al
Amended: 8/17/04
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 4/27/04
AYES: Vasconcellos, Burton, Romero, Sher
NO VOTE RECORDED: McPherson, Margett
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/20/04
AYES: Alpert, Bowen, Burton, Escutia, Karnette, Machado,
Murray, Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Poochigian
SENATE FLOOR : 22-10, 5/25/04
AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro,
Ducheny, Dunn, Escutia, Figueroa, Karnette, Kuehl,
Machado, Murray, Perata, Romero, Scott, Sher, Soto,
Speier, Torlakson, Vasconcellos
NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte, Denham,
Hollingsworth, Margett, McClintock, Oller
NO VOTE RECORDED: Florez, Johnson, McPherson, Morrow,
Ortiz, Poochigian, Vincent, Vacancy
ASSEMBLY FLOOR : 51-23, 8/23/04 - See last page for vote
SUBJECT : Crimes: civil rights
SOURCE : Equality California
CONTINUED
SB 1234
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DIGEST : This bill redrafts, reorganizes and expands laws
relating to hate crimes.
Assembly Amendments (1) add clarifying language relative to
violations that occur in other provisions of law, and (2)
add double-jointing language.
ANALYSIS : This bill creates a uniform statutory
definition of "hate crime" and includes in this definition
"those associated with a person or group," expands and
clarifies criminal penalties and penalty enhancements for
hate crimes, requires the Commission on Peace Officer
Standards and Training (POST) to develop
hate-crime-specific content for law enforcement raining,
requires the Judicial Council of California to issue a Rule
of Court pertaining to hate crime sentencing, requires
courts to take steps to protect the health, safety and
privacy of alleged victims of hate crimes, requires the
State Department of Corrections (DOC) and the State
Department of the Youth Authority (DYA) to work with other
law enforcement agencies to prevent hate crimes, within
existing resources, requires local law enforcement agencies
to report to the State Attorney General (AG) on crimes
against victims who are homeless, thereby creating a
state-mandated local program, requires the AG to report to
the Legislature annually as to crimes against homeless
victims, and makes conforming changes to the Civil,
Education, Government and Penal Codes.
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/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
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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/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.
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 establishes a standard definition of a hate
crime, applies that definition, reorganizes the laws
relating to hate crimes, and makes other consistent changes
to hate crime and bias-motivated laws. Revises State
Commission on Peace Officer Standards (POST) training
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
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one or more of these actual or perceived
characteristics.
2. Defines the terms "association with a person or group
with these actual or perceived characteristics,"
"disability," "gender," "in whole or in part because
of," "nationality," "race or ethnicity," "religion,"
"sexual orientation," and "victim."
3. Amends (a) the bias-motivated, first-degree murder
statute, (b) the bias-motivated crime against a person
or property statutes, (c) the bias-motivated
enhancement, (d) the bias-motivated, sentencing
aggravation, (d) the use of explosives to terrorize, and
(e) Education Code non-discrimination statutes to
incorporate the new hate crime definition. Provides
that all state and local agencies shall use the new hate
crime definition, except as specified.
4. Lowers the threshold amount of damage in the commission
of a bias-motivated vandalism from $500 to $400,
consistent with other vandalism statutes.
5. Provides that the revised definition of "gender" 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 reflect the revised definition of
"gender."
6. States legislative intent regarding hate crime
sentencing and directs Judicial Council of California to
develop a rule of court guiding hate crime sentencing.
7. 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 and authorizes the court
to order a person to perform a minimum of community
service, as specified. Makes corresponding
cross-reference 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
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pursuant to this Civil Code provision and the criminal
Civil Rights title.
8. 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.
9. 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."
10.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."
11.Provides that the DOC and DYA, 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."
12.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.
13.Amends existing law requiring local law enforcement to
report information regarding bias-motivated crimes to
the AG to require information pursuant to the new hate
crime definition. This information may include local
department general orders or formal policies on hate
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crimes.
14.Requires POST to revise courses on law enforcement
interaction with developmentally disabled and mentally
disabled persons, racial and cultural differences, and
hate crimes, as specified. Also requires POST to
develop a training course on crimes against homeless
persons, as specified.
15.Repeals a statute making legislative findings regarding
racial, ethnic and religious crimes that occur in
California and stating intent to establish a statewide
center to receive information on these crimes, as well
as a statute that previously required the AG to report
on racial, ethnic, and religious crimes.
16.Relocates and amends the existing statute requiring
local law enforcement to provide hate-crime related
brochures to direct the State Department of Fair
Employment and Housing to work with other specified
departments in assisting with this requirement.
17.Includes changes made by AB 1920 (La Malfa), Chapter
115, Statues of 2004.
18.Includes double-jointing language to avoid potential
chaptering problems with AB 2428 (Chu).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2004-05 2005-06
2006-07 Fund
POST training $500
Special*
Rule of Court Minor, absorbable costs
General
Court: victim safety Unknown, potentially
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significant costs General
Local: report to AG** Unknown, potentially
significant costs General
DOJ requirements $231 $165
$165General
Criminal penalties Unknown costs, potentially
in excess General
of $150 for incarceration
* Peace Officers' Training Fund
** State-mandated local program
SUPPORT : (Verified 5/24/04) (Unable to re-verify at time
of this writing)
Equality California (source)
Anti-Defamation League
California Church Impact
California Council for the Blind, San Bernardino
California Council for the Blind, Inland Empire
California NOW
Commission on the Status of Women
Community United Against Violence
Crime Victims United of California
Jewish Community Relations Council
Los Angeles Coalition to End Hunger and Homelessness
Metropolitan Community Church Los Angeles
Mexican American Legal Defense and Educational Fund
Muslim Public Affairs Council
National Center for Lesbian Rights
National Coalition for the Homeless
Our Family Coalition
Pride at Work, Southern California
San Francisco Lesbian, Gay, Bisexual, and Transgender
Community Center
SoCal Pride at Work
Transgender Law Caucus
Western Center on Law and Poverty
OPPOSITION : (Verified 5/24/04) (Unable to re-verify at
time of this writing)
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Capitol Resource Institute
Campaign for California Families
ARGUMENTS IN SUPPORT : According to the author's office,
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 problems
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. The law is also unclear
about whether hate crime protections extend to victims who
are targeted because of their association with a particular
group. California law also does not have the same range of
penalties available for hate crimes as it does for
anti-religious and anti-reproductive crimes under the
Freedom of Access to Clinics and Church Entrances Act.
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 approximately 25 percent, only 49 percent of
California law enforcement and sheriff agencies had formal
policies relating to hate crime in place. 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. 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.
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.
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.
ARGUMENTS IN OPPOSITION : Opponents argue that, "ALL
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intentionally perpetrated crimes involve an element of
'hate.'
"The legislature should not hand-pick a few victims and
elevate them above all other. For this reason, we strongly
oppose SB 1234.
"SB 1234 would also require a course of instruction for
police officers on the possible future anti-Arab/Middle
Eastern and anti-Islamic hate crime waves. Although Arab
people in general should definitely not be lumped together
with 9-11 terrorists, promoting this sort of language in SB
1234 is simply another tactic to patronize a certain class
of people and reject and mitigation efforts to protect our
borders and our national security."
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally,
Firebaugh, Frommer, Garcia, Goldberg, Hancock, Jerome
Horton, Shirley Horton, Jackson, Kehoe, Laird, Leno,
Levine, Lieber, Liu, Longville, Lowenthal, Maldonado,
Matthews, Montanez, Mullin, Nakano, Nation, Negrete
McLeod, Oropeza, Parra, Pavley, Reyes, Richman,
Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas,
Wesson, Wiggins, Wolk, Yee, Nunez
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill,
Cox, Daucher, Dutton, Harman, Haynes, Houston, Keene, La
Malfa, La Suer, Leslie, McCarthy, Nakanishi, Pacheco,
Plescia, Runner, Strickland, Wyland
NO VOTE RECORDED: Koretz, Maddox, Maze, Mountjoy,
Samuelian, Spitzer
RJG:mel 8/24/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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