Bill Text: CA AB242 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 242 (Prior Session Legislation)

Introduced

Bill Title: Hate crimes: peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB242 Detail]

Download: California-2015-AB242-Introduced.html

BILL NUMBER: AB 242	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 5, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 242, as introduced, Salas. Hate crimes: peace officers.
   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. Under existing law, that
definition applies unless an explicit provision of law or the context
clearly requires a different meaning. Existing law provides
punishments for hate crimes that range from misdemeanors with
specified penalties to felonies with additional terms of one to 3
years in state prison, depending on the underlying criminal act and
other circumstances. Existing law requires, with conditions, the
Attorney General to direct local law enforcement agencies to report
specified information relative to hate crimes to the Department of
Justice. Existing law requires the department to annually submit a
report to the Legislature that analyzes the results of information
obtained from local law enforcement pursuant to these provisions.
Local law enforcement entities are required by existing law to
provide a brochure on hate crimes to victims of these crimes and to
the public, and the Department of Fair Employment and Housing is
required by existing law to revise those brochures as needed and to
provide those brochures to local law enforcement agencies upon
request.
   This bill would add peace officer status to the list of actual or
perceived characteristics necessary to determine whether a criminal
act qualifies as a hate crime. By expanding the scope of an existing
crime, this bill would impose a state-mandated local program. By
expanding the information that law enforcement agencies are required
to report to the Department of Justice, this bill imposes 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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   any  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) Peace officer status.  
   (6) 
    (7)  Sexual orientation. 
   (7) 
    (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 for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.