BILL NUMBER: AB 1160	CHAPTERED
	BILL TEXT

	CHAPTER  550
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 22, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 21, 2006
	AMENDED IN SENATE  MAY 2, 2006
	AMENDED IN ASSEMBLY  JANUARY 18, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006

INTRODUCED BY   Assembly Member Lieber
   (Coauthors: Assembly Members Jones, Koretz, and Torrico)

                        FEBRUARY 22, 2005

   An act to add Section 1127h to the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1160, Lieber  Crime.
   Existing law, Judicial Council of California Criminal Jury
Instruction No. 200, provides that is the duty of the trier of fact
not to let "bias, sympathy, prejudice, or public opinion" influence
its decision.
   This bill, the Gwen Araujo Justice for Victims Act, would state
legislative findings and declarations regarding the influence of a
defendant's bias against the victim upon the trier of fact in a
criminal proceeding and defendants' use of panic strategies based
upon discovery or knowledge of an actual or perceived characteristic
of their victim to decrease criminal culpability for crime.
   This bill would also provide that a party may request that the
jury receive an instruction that defines bias as inclusive of bias
against the victim or victims based upon disability, gender,
nationality, race or ethnicity, religion, gender identity, or sexual
orientation, in any criminal trial.
   This bill would also require the Office of Emergency Services, to
the extent funding becomes available for that purpose, to develop
practice manuals, as specified, for district attorneys' offices
explaining how panic strategies are used to encourage jurors to
respond to societal bias and providing best practices for preventing
bias from affecting the outcome of a trial.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the Gwen
Araujo Justice for Victims Act.
  SEC. 2.  The Legislature hereby finds and declares all of the
following:
   (a) California law defines a hate crime as a criminal act
committed, in whole or in part, because of the actual or perceived
disability, gender, nationality, race or ethnicity, religion, or
sexual orientation of the victim, or his or her association with a
person or group with one or more of these actual or perceived
characteristics.
   (b) It is the right of every person regardless of actual or
perceived disability, gender, nationality, race or ethnicity,
religion, or sexual orientation, or association with a person or
group with these actual or perceived characteristics, to be secure
and protected from fear, intimidation, and physical harm caused by
the actions of violent groups and individuals.
   (c) "Bias" includes bias based upon the victim's actual or
perceived disability, gender, nationality, race or ethnicity,
religion, or sexual orientation, or the victim's association with a
person or group with one or more of these characteristics.
   (d) It is against public policy for juries to render decisions
tainted by bias based upon the victim's actual or perceived
disability, gender, nationality, race or ethnicity, religion, or
sexual orientation, or his or her association with a person or group
with one or more of these characteristics.
   (e) "Panic strategies" are those strategies that try to explain a
defendant's actions or emotional reactions based upon the knowledge
or discovery of the fact that the victim possesses one or more of the
characteristics listed above or associates with a person or group
with one or more of the those characteristics.
   (f) The Legislature is concerned about the use of societal bias in
criminal proceedings and the susceptibility of juries to such bias.
The use of so-called "panic strategies" by defendants in criminal
trials opens the door for bias against victims based on one or more
of the characteristics listed above or an association with a person
or group with one or more of those characteristics.
   (g) It is against public policy for a defendant to be acquitted of
a charged offense or convicted of a lesser included offense based
upon an appeal to the societal bias that may be possessed by members
of a jury.
  SEC. 3.  Section 1127h is added to the Penal Code, to read:
   1127h.  In any criminal trial or proceeding, upon the request of a
party, the court shall instruct the jury substantially as follows:
   "Do not let bias, sympathy, prejudice, or public opinion influence
your decision. Bias includes bias against the victim or victims,
witnesses, or defendant based upon his or her disability, gender,
nationality, race or ethnicity, religion, gender identity, or sexual
orientation."
  SEC. 4.  The Office of Emergency Services shall, to the extent
funding becomes available for that purpose, develop practice
materials for district attorneys' offices in the state. The
materials, which shall be developed in consultation with
knowledgeable community organizations and county officials, shall
explain how panic strategies are used to encourage jurors to respond
to societal bias against people based on actual or perceived
disability, gender, including gender identity, nationality, race or
ethnicity, religion, or sexual orientation and provide best practices
for preventing bias from affecting the outcome of a trial.