BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 246


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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          246 (Roger Hernández) - As Amended March 19, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill makes the assassination, rape, and kidnap, as well as  
          an attempt to commit these crimes, a hate crime when the crime  
          is committed against a peace officer, or an immediate family  








                                                                     AB 246


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          member, and the crime was knowingly committed because of the  
          peace officer status.    


          FISCAL EFFECT:


          1)Potential one-time costs of $75,000 (GF) to the Department of  
            Justice to establish a data base and for associated computer  
            programming to collect the data in the Criminal Justice  
            Statistics Center. 


          2)Potential one-time moderate reimbursable mandated costs (GF)  
            for local law enforcement agencies in Information Technology  
            costs for agencies to update the computer systems they use to  
            report hate crime information to DOJ.  If 50 law enforcement  
            agencies have to incur programming costs, and the programming  
            costs are $5,000 per agency, the potential cost would be  
            $250,000.


          3)Minor increase in state prison time commitments, as a result  
            of the hate crime enhancements, in rare cases where the  
            assailant is prosecuted under the proposed hate crime  
            provisions. Assuming the annual contracted bed rate of $27,000  
            per inmate, the annual General Fund costs would be $27,000 per  
            each additional year served under such conviction.


          COMMENTS:


          1)Background.  Current law defines "hate crime" as any criminal  
            act committed, in whole or in part, because of one or more of  
            several actual or perceived characteristics of the victim,  
            such as: Disability, gender, race or ethnicity, religion,  
            sexual orientation.









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            Current law provides that a person who commits, or voluntarily  
            acted in concert with another person, to commit a felony  
            motivated by bias, or attempts to commit a bias-motivated  
            felony, shall receive an additional term of one, two or three  
            years in state prison, at the court's discretion.  The penalty  
            for a person who commits murder in the first degree in a hate  
            crime, or knowingly murders a peace officer while the officer  
            performs his or her duties, is death or imprisonment in the  
            state prison for life wife without the possibility of parole.

            The DOJ is required to provide an annual report on hate crime  
            information provided by local law enforcement agencies.
              
          2)Argument in Support.  According to the Los Angeles Deputy  
            Sheriffs, the sponsor of this bill, "The recent attacks on  
            police officers - occasioned only due to their status as  
            police officers - provides eloquent testimony to the need for  
            this bill.  The gravamen of a hate crime is that the crime is  
            committed without any transactional motive; instead, the crime  
            is committed because of the status of the prospective victim.   
            The recent unprovoked and non-transactional shootings of  
            police officers are an example of exactly that activity."

          3)Argument in Opposition.  The Anti-Defamation League writes,  
            "At the outset, we want to acknowledge the importance of  
            efforts to protect our peace officers from violence. In the  
            wake of recent events across the country, tension and  
            aggression against law enforcement officers has been  
            heightened.  Like Assemblymember Hernández, we believe  
            protection of peace officers is critically important.  While  
            we understand AB 246 is intended to address this problem,  
            adding peace officers to the groups protected by hate crime  
            laws is not the approach we favor.

          4)Related Legislation. AB 242 (Salas), pending in Assembly  
            Public Safety Committee, adds "peace-officer status" to the  
            list of actual or perceived characteristics of a victim for  
            determining whether a criminal act qualifies as a hate crime.   









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          5)Prior Legislation:  

             a)   AB 1206 (Miller), of the 2009-2010 Legislative Session,  
               would have added political affiliation to the list of  
               actual or perceived characteristics qualifying for hate  
               crime status.  AB 1206 was never heard in committee. 

             b)   SB 122 (Steinberg), of the 2007-2008 Legislative  
               Session, would have added homelessness to the list of  
               actual or perceived characteristics qualifying for hate  
               crime status.  SB 122 was held in the Senate Public Safety  
               committee without recommendation.



          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081