Bill Text: CA AB300 | 2019-2020 | Regular Session | Amended

California Assembly Bill 300 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Hate crime and incident reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-08-30 - In committee: Held under submission. [AB300 Detail]

Download: California-2019-AB300-Amended.html

Amended IN Senate July 09, 2019

Amended IN Assembly May 16, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 300

This bill would require a law enforcement agency whose crime reporting systems meet applicable federal standards, including alignment with the NIBRS, to (1) include in the agency’s informational, incident, and crime reports a check box indicating whether the underlying incident in the report is a suspected hate crime or hate incident, as defined, and (2) complete for each 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 or hate incident.~~ crime, or, in the case of a hate incident, to be used for informational, crime prevention, law enforcement planning, and potential evidentiary purposes. 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.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) According to the Attorney General, reported hate crimes in California have increased by 17.4 percent in California from 2016 to 2017, consistent with escalation nationwide as documented by the Federal Bureau of Investigation in the reported hate crime statistics for 2017.

(b) Hate crimes are nonetheless underreported, and the actual number of victims and cases is generally unknown.

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

(d) Among other recommendations, the audit recommended the implementation and use of a supplemental report form to ensure the accurate identification and reporting of hate crimes.

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 ~~an incident that has a bias motivation but does not meet the threshold of a hate crime.~~ 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 whose crime reporting systems, including reporting in electronic and paper forms, meet applicable federal standards, including alignment with the federal National Incident-Based Reporting System, shall comply with both of the following:

(1) The law enforcement agency’s informational, incident, and crime reports shall include a check box indicating whether the underlying incident in the report is a suspected hate crime or hate incident, actual or perceived.

(2) The law enforcement agency shall complete, for each hate crime or hate incident, a supplemental hate crime or hate inc