Bill Text: CA AB158 | 2017-2018 | Regular Session | Amended
Bill Title: Peace officers: hate crime reporting guidelines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB158 Detail]
Download: California-2017-AB158-Amended.html
|
Amended
IN
Assembly
April 17, 2017 |
|
Amended
IN
Assembly
March 23, 2017 |
| Assembly Bill | No. 158 |
| Introduced by Assembly Member Chu |
January 12, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.
This bill would require the commission to develop, on or before January 1, 2019,
statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the 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, 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.
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 13024 is added to the Penal Code, to read:13024.
(a) The first page of a law enforcement agency’s departmental information report shall include a check box indicating whether the incident in question was bias related pursuant to Section 422.55.SEC. 2.
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.(a)The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.
(b)All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.
(c)(1)Reporting guidelines developed shall include, but are not limited to, the following:
(A)The definition set forth in Section 422.55.
(B)Whether the
incident included any of the following:
(i)Correspondence over the Internet.
(ii)Direct or indirect verbal communication.
(iii)Intimidation with a prop or object.
(iv)Vandalism.
(2)The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.
(d)As used in this section, “peace officer” means a person designated as a peace officer pursuant to Section 830.1 or 830.2.
(e)This section does not affect or limit the duties required pursuant to Section 13023.
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.
