BILL ANALYSIS
AB 2706
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CONCURRENCE IN SENATE AMENDMENTS
AB 2706 (Bonnie Lowenthal)
As Amended August 17, 2010
Majority vote
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|ASSEMBLY: |48-24|(May 6, 2010) |SENATE: |21-13|(August 23, |
| | | | | |2010) |
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Original Committee Reference: JUD.
SUMMARY : Clarifies protections and remedies for hate-based
violence directed at homeless people. Specifically, this bill :
1)Provides that the protections and remedies of the Ralph Civil
Rights Act of 1976 (Ralph Act) include violence or
intimidation by threat of violence committed against a person
or property because the person is or is perceived to be
homeless.
2)Defines "homeless person" to mean a person who does not have a
fixed, regular, and adequate nighttime residence; a person
that has a nighttime residence that constitutes any of the
following: a supervised, publicly or privately operated
shelter designated to provide temporary living accommodations,
including, but not limited to, welfare hotels, congregate
shelters, and transitional housing; an institution that
provides a temporary residence for individuals intended to be
institutionalized; or a public or private building or
designated area that is not ordinarily designed for, or
ordinarily used for, sleeping accommodations for persons.
The Senate amendments delete the provisions exempting these
violations from the enforcement authority of the Department of
Fair Employment and Housing, and add chaptering-out provisions.
EXISTING LAW :
1)Establishes the Ralph Act, which provides that all persons
within the jurisdiction of this state have the right to be
free from any violence, or intimidation by threat of violence,
committed against their persons or property because of
AB 2706
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personal or other characteristics or statuses, such as
political affiliation, sex, race, color, religion, marital
status, sexual orientation or position in a labor dispute.
2)Provides that a person who violates the Ralph Act or aids,
incites, or conspires in that act, is liable for actual
damages suffered by any person denied that right, as well as a
civil penalty and attorney's fees.
3)Provides that whenever there is reasonable cause to believe
that any person or group of persons is engaged in conduct of
resistance to the full enjoyment of any of the foregoing
rights the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a
civil action.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, minor and absorbable workload increase.
COMMENTS : The author explains the need for the bill as follows:
"There are an estimated 157,000 homeless people in California,
perhaps the most vulnerable population in the state. They are
more likely to suffer from mental and physical illness, and less
likely to receive comprehensive medical treatment. Even worse,
they are the population most likely to be the target of violent
attacks. In the last year alone, homeless people have been set
on fire, stabbed, shot, and beaten with baseball bats.
California has the second-highest rate of violence against the
homeless in the nation.
"Young adults, primarily in their teens, are the most common
perpetrators of violence against the homeless: 43% are between
the ages of 13 and 19 and nearly 3 out of 4 of the attackers are
under 25. While the motives for these attacks are not always
clear, it is obvious that many were committed because the victim
was homeless or because the homeless are more vulnerable.
"The perpetrators may perceive the homeless as easy defenseless
targets. They may see the homeless as second-class citizens,
unworthy of respect or mercy. These criminals may prey on the
homeless because they know the likelihood of suffering legal
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consequences from their actions is not as high as it would be if
they assaulted another member of the community."
The author notes that there are serious concerns about the
perplexing increase in violence toward homeless people, as
documented by a number of studies, including a report by the
National Coalition for the Homeless entitled "Hate Crimes and
Violence Against People Experiencing Homelessness 2008," and a
Special Report to the Legislature on Senate Resolution 18, 2002
"Crimes Committed Against Homeless Persons."
The Ralph Act currently provides that all persons have the right
to be free from violence and intimidation by threat of violence
based on, among other things, race, religion, ancestry, national
origin, and gender. These rights may be enforced by a private
action for damages and equitable relief as well as criminal
sanctions for violations. By establishing these rights and
providing access to the courts for their vindication, the Ralph
Act was designed to provide important and, it appears, largely
effective protection for the classes of people covered by the
statute. In light of the evident problem of hate violence
directed at some people because they are homeless, this bill
seeks to duplicate that success by expressly extending these
protections to another vulnerable group, adding the term
"homeless person" to the list of protected characteristics and
statuses under the Ralph Act, borrowing definitions drawn from
federal law to capture the practical meaning of that term.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN:
0006241