Bill Text: CA AB1064 | 2023-2024 | Regular Session | Amended
Bill Title: Hate crimes.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1064 Detail]
Download: California-2023-AB1064-Amended.html
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Amended
IN
Assembly
March 23, 2023 |
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Amended
IN
Assembly
March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1064
| Introduced by Assembly Member Low |
February 15, 2023 |
An act to amend Sections 422.55 and 422.56 of the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1064, as amended, Low.
Hate crimes.
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.
This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define “bias against” and would specify that evidence of bias against a perceived characteristic of the victim motivation may include
include, among other things, instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic of the
victim, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic of the victim, selectively targeting victims based on the actual or perceived characteristic of the victim, or posting on social media or other media blaming persons with the same actual or perceived characteristic as the
victim for a societal problem. selectively targeted the victim based on the actual or perceived characteristic of the victim. By changing the definition of a 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 that is motivated in whole or in part by a bias against 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) 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.
Section 422.56 of the Penal Code is amended to read:422.56.
For purposes of this title, the following definitions shall apply:(a) “Association with a person or group with one or more of these actual or perceived characteristics” includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b) (1)A “bias against” means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of “hate crime” in subdivision (a) of Section 422.55. Depending on the circumstances of each case, evidence of bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a perception of the vulnerability
of the victim due to the victim being perceived as being weak, worthless, or fair game game, or the selective targeting of the victim because of an actual or perceived characteristic of the victim.
(2)Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:
(A)Used a slur based on the actual or perceived characteristic of the victim.
(B)Vandalized property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic of the victim.
(C)Selectively targeted victims based on their actual or perceived characteristic.
(D)Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.
(c) “Disability” includes mental disability and physical disability, as defined in Section 12926 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(d) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior regardless of whether it is stereotypically associated with the person’s assigned sex at birth.
(e) “In whole or in part by” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple
concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(f) “Nationality” means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.
(g) “Race or ethnicity” includes ancestry, color, and ethnic background.
(h) “Religion” includes all aspects
of religious belief, observance, and practice and includes agnosticism and atheism.
(i) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
(j) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
