Bill Text: CA AB246 | 2015-2016 | Regular Session | Amended

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Bill Title: Hate crimes: peace officers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB246 Detail]

Download: California-2015-AB246-Amended.html

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BILL NUMBER: AB 246	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly  Member   Roger
Hernández   Members   Roger Hernández 
 and Salas

                        FEBRUARY 9, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 246, as amended, Roger Hernández. 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 further define "hate crime" to include the
assassination,  rape, or kidnapping,  or attempted
assassination,  rape, or kidnapping,  of a peace 
officer.   officer, when the   offense was
knowingly committed because of the victim's status as a peace
officer, or of an immediate family member of a peace officer, when
the offense was knowingly committed because of the victim's status as
an immediate family member of a peace officer.  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 and by expanding the number of victims to whom a brochure
must be provided, 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 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 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) 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) "Hate crime" also means the assassination,  rape, or
kidnapping,  or attempted assassination,  rape, or
kidnapping,  of a peace  officer.  
officer, when the offense was knowingly committed because of the
victim's status as a peace officer, or of an immediate family member
of a peace officer, when the offense was knowingly committed because
of the victim's status as an immediate family member of a peace
officer. 
   (2) For the purposes of this subdivision, the following terms have
the following meanings:
   (A) "Assassination" means murder, as defined in Section 
187, when the victim and the defendant have not had a professional or
personal encounter.   187.  
   (B) "Immediate family member" means a spouse or domestic partner,
parent, or child of a peace officer.  
   (B) 
    (   C)  "Peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
  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.