Bill Text: CA AB1206 | 2009-2010 | Regular Session | Introduced

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Bill Title: Hate crimes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1206 Detail]

Download: California-2009-AB1206-Introduced.html

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BILL NUMBER: AB 1206	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 27, 2009

   An act to amend Section 422.55 of the Penal Code, relating to hate
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1206, as introduced, Miller. Hate crimes.
   Existing law establishes the offense of a "hate crime" to mean a
criminal act committed, in whole or in part, because of one or more
actual or perceived characteristics, as specified, of the victim.
   This bill would add to the list of actual or perceived
characteristics, political affiliation.
   By expanding the scope of an existing 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 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)  Political affiliation. 
    (8)    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.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.