Bill Text: CA AB1064 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1064
Introduced by Assembly Member Low |
February 15, 2023 |
An act to amend Section 422.55 of the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1064, as introduced, 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 may include instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, selectively targeting victims based on
the actual or perceived characteristic, or posting on social media or other media blaming persons with the actual or perceived characteristic for a societal problem. 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 committed, in whole or in part, because of 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.
(c) (1) A “bias against” means a preexisting negative attitude toward actual or perceived
characteristics of a person. Depending on the circumstances of each case, 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 because of a protected characteristic, including, but not limited to, the characteristics in subdivision (a).
(2) Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:
(A) Used a slur based on the actual or perceived characteristic.
(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.
(C) Selectively targeted victims based on the actual or perceived characteristic.
(D) Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem,
including, but not limited to, causing illness, crime, or economic harm.