BILL NUMBER: SB 1234	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 12, 2004

   An act to amend Section 422.6 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1234, as introduced, Kuehl.  Crimes:  civil rights.
   Existing law provides that no person, whether or not acting under
color of law, shall by force or threat of force, willfully injure,
intimidate, interfere with, oppress, or threaten any other person in
the free exercise or enjoyment of any right or privilege secured to
him or her by the Constitution or laws of this state or by the
Constitution or laws of the United States because of the other person'
s race, color, religion, ancestry, national origin, disability,
gender, or sexual orientation, or because he or she perceives that
the other person has one or more of those characteristics.  Existing
law also provides that no person, whether or not acting under color
of law, shall knowingly deface, damage, or destroy the real or
personal property of any other person for the purpose of intimidating
or interfering with the free exercise or enjoyment of any right or
privilege secured to the other person by the Constitution or laws of
this state or by the Constitution or laws of the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation, or
because he or she perceives that the other person has one or more of
those characteristics.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 422.6 of the Penal Code is amended to read:
   422.6.  (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States because of the other person's race, color,
religion, ancestry, national origin, disability, gender, or sexual
orientation, or because he or she perceives that the other person has
one or more of those characteristics.
   (b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, because of the other
person's race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because he or she
perceives that the other person has one or more of those
characteristics.
   (c) Any person convicted of violating subdivision (a) or (b) shall
be punished by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed five thousand dollars ($5,000), or by
both  that   the above  imprisonment and
fine, and the court shall order the defendant to perform a minimum of
community service, not to exceed 400 hours, to be performed over a
period not to exceed 350 days, during a time other than his or her
hours of employment or school attendance.  However, no person shall
be convicted of violating subdivision (a) based upon speech alone,
except upon a showing that the speech itself threatened violence
against a specific person or group of persons and that the defendant
had the apparent ability to carry out the threat.