Bill Text: CA AB1161 | 2017-2018 | Regular Session | Amended
Bill Title: Hate crimes: law enforcement policies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1161 Detail]
Download: California-2017-AB1161-Amended.html
|
Amended
IN
Assembly
March 21, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1161 |
| Introduced by Assembly Member Ting |
February 17, 2017 |
An act to amend Section 13519.6 of, and to add Chapter 2.5 (commencing with Section 422.87) to Title 11.6 of Part 1 of, the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1161, as amended, Ting.
Hate crimes. crimes: law enforcement policies.
Existing law defines a “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. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST.
This bill would require any hate crime policy adopted or revised by a state or local law enforcement agency to
include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would require POST, if it updates the framework or other formal policy on hate crimes, to incorporate this information in its framework or other formal policy. The bill would require any state or local law enforcement agency that adopts or revises a hate crime policy to consult specified groups.
The bill would require a state or local law enforcement agency with an existing hate crime policy to review the agency’s policy and revise it with a new policy effective on or before January 1, 2020. The bill would prohibit a state or local law enforcement agency with an existing hate crime policy from repealing that policy. By requiring local law enforcement agencies with existing policies to revise and keep their policies, this bill would
create a state-mandated local program. The bill would require any state or local agency adopting or revising a hate crime policy to provide a copy to the Department of Justice, and would, if the department is provided with adequate funding, require the department to review each policy, as specified.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would state the intent of the Legislature to enact legislation to empower communities to safely reduce the number of hate crimes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 2.5 (commencing with Section 422.87) is added to Title 11.6 of Part 1 of the Penal Code, to read:CHAPTER 2.5. Law Enforcement Agency Policies
422.87.
(a) Each state law enforcement agency shall adopt a hate crime policy.(b) If a state or local law enforcement agency adopts or revises a hate crime policy, the policy shall include, but not be limited to, all of the following:
(1) The definitions in Sections 422.55 and 422.56.
(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods. Any necessary updated information and clarifications or
revisions that the agency chief executive wishes to make and future revisions that the commission makes to the model policy framework shall also be included.
(3) (A) Information regarding bias motivation.
(B) For the purposes of this paragraph, “bias motivation” is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. 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 having a negative characteristic such as being weak, worthless, or fair game because of a protected characteristic,
including gender and disability.
(4) Information regarding the general underreporting of disability bias, gender bias, nationality and ethnic bias, and religion bias hate crimes and a plan for the agency to remedy this underreporting.
(5) The protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(6) A checklist of first responder responsibilities, including, but not limited to, giving the possible victims and any interested persons the agency’s hate crimes brochure, as required by Section 422.92.
(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when
needed.
(8) The agency shall designate an officer to distribute multiple copies of the hate crime brochure required by Section 422.92 and ensure that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
422.871.
If a state or local law enforcement agency adopts or revises a hate crime policy, the agency, in developing the policy, shall consult a broad range of civil rights groups and affected community groups in the agency’s jurisdiction, shall consult officers at every level in the agency, and must include the content requirements in Section 422.87.422.872.
(a) A state or local law enforcement agency with an existing hate crime policy shall review the agency’s policy and revise the policy to comply with the provisions in Sections 422.87 and 422.871. The agency’s revised policy shall be effective on or before January 1, 2020.(b) A state or local law enforcement agency with an existing hate crime policy shall not repeal the agency’s policy.
422.873.
(a) If a state or local law enforcement agency adopts or revises a hate crime policy, the agency shall provide a copy to the Department of Justice.(b) The department, if provided with adequate funding, shall review each policy, shall inform the agency of any deviations from Section 422.87, shall advise the agency of any suggestions the department may have for improving the policy’s clarity and effectiveness, and shall make the policies available to the University of California, the California State University, other academic and independent researchers, and civil rights groups.
SEC. 2.
Section 13519.6 of the Penal Code is amended to read:13519.6.
(a) The commission shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. “Hate crimes,” for purposes of this section, has the same meaning as in Section 422.55.(b) The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:
(1) Indicators of hate crimes.
(2) The impact of these crimes on
the victim, the victim’s family, and the community, and the assistance and compensation available to victims.
(3) Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.
(4) Law enforcement procedures, reporting, and documentation of hate crimes.
(5) Techniques and methods to handle incidents of hate crimes in a noncombative manner.
(6) Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims’ actual or perceived homelessness.
(7) The special problems inherent in some
categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.
(8) Preparation for, and response to, possible future anti-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General determines are likely.
(c) The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a framework and possible content of a general order or other formal policy on hate crimes that all state law enforcement agencies shall adopt and the commission shall encourage all local law enforcement agencies to adopt.
crimes. If the commission updates the framework adopted in 2008 pursuant to this section, it shall incorporate the content described in Section 422.87. The elements of the framework shall include, but not be limited to, the following:
(1) A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement.
(2) The definition of “hate crime” in Section 422.55.
(3) References to hate crime statutes including Section 422.6.
(4) A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
(A) Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
(B) Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
(C) Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
(D) Providing victim assistance and followup, including community followup.
(E) Reporting.
(d) (1) The course of training
leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).
(2) Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 2003–04 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.
(e) As used in this section, “peace officer” means any person designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this section by
legislation adopted in 2004 shall be implemented by July 1, 2007.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.It is the intent of the Legislature to enact legislation to empower communities to safely reduce the number of hate crimes.
