AB 246, as amended, Roger Hernández. Hate crimes: peace officers.
Existing law defines “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.
This bill would further define “hate crime” to include the assassination,begin insert rape, or kidnapping,end insert or attempted assassination,begin insert rape, or kidnapping,end insert of a peacebegin delete officer.end deletebegin insert officer, when the
offense was knowingly committed because of the victim’s status as a peace officer, or of an immediate family member of a peace officer, when the offense was knowingly committed because of the victim’s status as an immediate family member of a peace officer.end insert By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies are required to report to the Department of Justice and by expanding the number of victims to whom a brochure must be provided, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 422.55 of the Penal Code is amended to
2read:
For purposes of this title, and for purposes of all other
4state law unless an explicit provision of law or the context clearly
5requires a different meaning, the following shall apply:
6(a) “Hate crime” means a criminal act committed, in whole or
7in part, because of one or more of the following actual or perceived
8characteristics of the victim:
9(1) Disability.
10(2) Gender.
11(3) Nationality.
12(4) Race or ethnicity.
P3 1(5) Religion.
2(6) Sexual orientation.
3(7) Association with a person or group with one or more of these
4actual or perceived characteristics.
5(b) “Hate crime” includes, but is not limited to, a violation of
6Section 422.6.
7(c) (1) “Hate crime” also means the assassination,begin insert rape, or
8kidnapping,end insert or attempted assassination,begin insert rape, or kidnapping,end insert
of a
9peacebegin delete officer.end deletebegin insert officer, when the offense was knowingly committed
10because of the victim’s status as a peace officer, or of an immediate
11family member of a peace officer, when the offense was knowingly
12committed because of the victim’s status as an immediate family
13member of a peace officer.end insert
14(2) For the purposes of this subdivision, the following terms
15have the following meanings:
16(A) “Assassination” means murder, as defined in Sectionbegin delete 187, begin insert
187.end insert
17when the victim and the defendant have not had a professional or
18personal encounter.end delete
19(B) “Immediate family member” means a spouse or domestic
20partner, parent, or child of a peace officer.
21(B)
end delete
22begin insert(end insertbegin insertC)end insert “Peace officer” means any person designated as a peace
23officer pursuant to Chapter 4.5 (commencing with Section 830)
24of Title 3 of Part 2.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution for certain
27costs that may be incurred by a local agency or school district
28because, in that regard, this act creates a new crime or infraction,
29eliminates a crime or infraction, or changes the penalty for a crime
30or infraction, within the meaning of Section 17556 of the
31Government Code, or changes the definition of a crime within the
32meaning of Section 6 of Article XIII B of the California
33Constitution.
34However, if the Commission on State Mandates determines that
35this act contains other costs mandated by the state, reimbursement
36to local agencies and school districts for those costs
shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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