BILL NUMBER: AB 560	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 20, 2013

   An act to amend Section 422.55 of the Penal Code, relating to hate
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 560, as introduced, Ammiano. Hate crimes: political
affiliation.
   Existing law establishes the offense of a "hate crime" to mean a
criminal act committed, in whole or in part, because of one or more
actual or perceived characteristics, as specified, of the victim.
Existing law prohibits a person from willfully injuring,
intimidating, interfering with, oppressing, or threatening any other
person in the free exercise or enjoyment of any legal right because
the victim has, or is perceived to have, one of those specified
characteristics. Existing law also prohibits a person from knowingly
defacing, damaging, or destroying the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any legal right because the victim
has, or is perceived to have, one of those characteristics.
   This bill would add political affiliation to the list of actual or
perceived characteristics necessary to determine whether a criminal
act qualifies as a hate crime.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 422.55 of the Penal Code is amended to read:
   422.55.  For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different meaning, the following shall apply:
   (a) "Hate crime" means a criminal act committed, in whole or in
part, because of one or more of the following actual or perceived
characteristics of the victim:
   (1) Disability.
   (2) Gender.
   (3) Nationality.
   (4) Race or ethnicity.
   (5) Religion.
   (6) Sexual orientation. 
   (7) Political affiliation.  
    (7) 
    (8)  Association with a person or group with one or more
of these actual or perceived characteristics.
   (b) "Hate crime" includes, but is not limited to, a violation of
Section 422.6.
  SEC. 2.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.