INTRODUCED BY   Assembly Members Nava and Eng
    (   Coauthors:   Assembly Members 
 Ammiano,  Arambula,   Furutani,  
Hill,   and Ma   ) 

                        MAY 13, 2009

   Relative to hate crimes.


   WHEREAS, The Assembly finds and declares all of the following:
   (1) The incidence of violence motivated by the actual or perceived
race, color, religion, national origin, gender, sexual orientation,
gender identity, or disability of the victim poses a serious national
   (2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
   (3) State and local authorities are now and will continue to be
responsible for prosecuting the overwhelming majority of violent
crimes in the United States, including violent crimes motivated by
bias. These authorities can carry out their responsibilities more
effectively with greater federal assistance.
   (4) Existing federal law is inadequate to address this problem.
   (5) A prominent characteristic of a violent crime motivated by
bias is that it devastates not just the actual victim and the family
and friends of the victim, but frequently savages the community
sharing the traits that caused the victim to be selected.
   (6) Federal jurisdiction over certain violent crimes motivated by
bias enables federal, state, and local authorities to work together
as partners in the investigation and prosecution of such crimes.
   (7) The problem of crimes motivated by bias is sufficiently
serious, widespread, and interstate in nature as to warrant federal
assistance to states, local jurisdictions, and Indian tribes; now,
therefore, be it
   Resolved by the Assembly of the State of California, That the
Assembly thanks the United States House of Representatives for its
support of the Local Law Enforcement Hate Crimes Prevention Act and
calls on the United States Senate to swiftly pass the Senate
companion measure, the Matthew Shepard Hate Crimes Prevention Act;
and be it further
   Resolved, That the Assembly urges the President of the United
States to sign into law the Matthew Shepard Hate Crimes Prevention
Act, to accomplish all of the following:
   (1) Authorize the United States Attorney General to provide
technical, forensic, prosecutorial, or other assistance in the
criminal investigation or prosecution of violent, bias-motivated
   (2) Update and expand existing federal hate crimes law to ensure
that hate crimes based on the actual or perceived race, color,
religion, national origin, gender, sexual orientation, gender
identity, or disability of the victim are fully investigated and
   (3) Direct the United States Attorney General to give priority for
such assistance, with respect to crimes committed by offenders who
have committed crimes in more than one state.
   (4) Authorize the Attorney General to award grants to assist
state, local, and Indian law enforcement agencies, for rural
jurisdictions, that have difficulty covering the extraordinary
investigation or prosecution expenses involved in these cases.
   (5) Direct the United States Office of Justice Programs to work
closely with funded jurisdictions to ensure that the concerns and
needs of all affected parties are addressed.
   (6) Allow grants to state, local, or tribal programs designed to
combat hate crimes committed by juveniles.
   (7) Require the Attorney General to acquire data on crimes that
manifest evidence of prejudice based on gender and gender identity;
and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the  author for appropriate distribution
  President and Vice President of the United States, the
Speaker of the House of Representatives, the Majority Leader of the
Senate, and each Senator and Representative from California in the
Congress of the United States  .