Bill Text: CA AB2879 | 2019-2020 | Regular Session | Amended

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Bill Title: Hate crime and incident reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on PUB. S. [AB2879 Detail]

Download: California-2019-AB2879-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2879

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Introduced by Assembly Member Chu

February 21, 2020

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An act to amend Section 375 of the Penal Code, relating to injurious matter. An act to add Section 13024 to the Penal Code, relating to hate crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2879, as amended, Chu. Injurious matter: exposure. Hate crime and incident reporting.

Existing law requires every person or agency dealing with crimes or criminals to maintain records for the correct reporting of statistical data and to report statistical data to the Department of Justice when requested by the Attorney General. Subject to the availability of adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report information related to hate crimes to the Department of Justice.

This bill would require a law enforcement agency to complete a supplemental hate crime or hate incident report form for each suspected hate crime or hate incident. The bill would require that the form indicate the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime. By creating new reporting requirements for 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.

Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) In 2018, the California State Auditor reported, through a 2018 audit of four major law enforcement agencies, that there were misidentifications and underreporting of hate crimes.

(b) The audit recommended the implementation and use of a supplemental report form to ensure the accurate identification and reporting of hate crimes.

(c) Hate crimes and hate incidents are major concerns in California. Properly addressing hate crimes and hate incidents will help to ensure the safety of all communities throughout the state.

(d) Hate crimes are often difficult to prosecute. Having detailed information about the hate crime can help aid in the prosecution of the hate crime.

SEC. 2.

 Section 13024 is added to the Penal Code, to read:

13024.

 (a) For purposes of this section, the following definitions apply:

(1) “Bias motivation” has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.

(2) “Hate crime” has the same meaning as provided in Section 422.55.

(3) “Hate incident” means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

(A) Disability.

(B) Gender.

(C) Nationality.

(D) Race or ethnicity.

(E) Religion.

(F) Sexual orientation.

(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.

(b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime.

(c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident.

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.

SECTION 1.Section 375 of the Penal Code is amended to read:

375.

(a)It is unlawful to throw, drop, pour, deposit, release, discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge, or expose in, upon, or about a theater, restaurant, place of business, place of amusement, or a place of public assemblage, a liquid, gaseous, or solid substance, or matter of any kind that is injurious to person or property, or is nauseous, sickening, irritating, or offensive to any of the senses.

(b)It is unlawful to manufacture or prepare, or to possess a liquid, gaseous, or solid substance, or matter of any kind that is injurious to person or property, or is nauseous, sickening, irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge, or expose the same in, upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.

(c)A person violating this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.

(d)A person who, in violating subdivision (a), willfully employs or uses a liquid, gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating subdivision (a), willfully employs or uses tear gas, mustard gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.