Bill Text: CA AB412 | 2009-2010 | Regular Session | Chaptered
Bill Title: Hate crimes: nooses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 106, Statutes of 2009. [AB412 Detail]
Download: California-2009-AB412-Chaptered.html
BILL NUMBER: AB 412 CHAPTERED
BILL TEXT
CHAPTER 106
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JUNE 29, 2009
PASSED THE ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Member Carter
FEBRUARY 23, 2009
An act to amend Section 11411 of the Penal Code, relating to hate
crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 412, Carter. Hate crimes: nooses.
Existing law establishes various offenses for persons who display
certain symbols or burn crosses on private or school property with
the intent to terrorize persons, as specified.
This bill would provide that any person who hangs a noose, knowing
it to be a symbol representing a threat to life, on the property of
another, without authorization, for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private
property, or who hangs a noose, knowing it to be a symbol
representing a threat to life, on the property of a primary school,
junior high school, high school, college campus, public park, or
place of employment, for the purpose of terrorizing any person who
attends or works at the school, park, or place of employment, or who
is otherwise associated with the school, park, or place of
employment, shall be punished by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed $5,000, or by both the
fine and imprisonment for the first conviction or by imprisonment in
a county jail not to exceed one year, or by a fine not to exceed
$15,000, or by both the fine and imprisonment for any subsequent
conviction.
By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Hanging a noose is directly correlated with America's history
of racial hatred and murder, representing not only a threat to
African American life and safety, but causing further psychological
and emotional trauma as well, and noose hanging is still happening
now.
(b) There are 2,805 documented victims of lynch mob killings
between 1882 and 1930 in 10 southern states. The vast majority of
lynch victims were African American. Of these black victims, 94
percent died in the hands of white lynch mobs. The scale of this
carnage means that, on average, a black man, woman, or child was
murdered nearly once a week, every week, between 1882 and 1930 by a
hate-driven lynch mob.
(c) The lynching era encompasses nearly five decades between the
end of Reconstruction and the beginning of the Great Depression.
Although lynchings and mob killings occurred before 1880, notably
during early Reconstruction when blacks were enfranchised, radical
racism and mob violence peaked during the 1890s in a surge of
terrorism that extended well into the 20th century.
(d) In addition to the punishment of specific criminal offenders,
mob lynching atrocities against African Americans in the American
South served to maintain social control over the black population
through terrorism; suppress, eliminate, or neutralize black
competition for economic, political, and social rewards; stabilize
the white class structure and preserve the privileged status of the
white aristocracy; eradicate specific persons accused of crimes
against the white community; serve as a mechanism of state-sanctioned
terrorism designed to maintain a degree of leverage over the African
American population; and serve as a symbolic manifestation of the
unity of white supremacy.
(e) The documented reasons for African American lynchings
included, but were not limited to, acting suspiciously, gambling,
adultery, race hatred, race troubles, improper conduct with white
women, arguing with a white man, resisting a mob, inflammatory
language, informing, being obnoxious, spreading disease, insulting a
white man, insulting a white woman, suing a white man, insurrection,
courting white women, testifying against a white man, living with a
white woman, defending an alleged rapist, demanding respect,
miscegenation, trying to vote, disorderly conduct, mistaken identity,
unpopularity, eloping with a white woman, unruly remarks, entering a
white woman's room, using obscene language, being a peeping Tom,
violating quarantine, voting for the wrong party, frightening white
women, and membership in a civil rights organization.
(g) Given this history, to a reasonable person, the display of a
noose at a school, park, place of employment, or other public venue
amounts to a direct and immediate threat of force that would
intimidate persons based on racial characteristics.
SEC. 2. Section 11411 of the Penal Code is amended to read:
11411. (a) Any person who hangs a noose, knowing it to be a
symbol representing a threat to life, on the property of another,
without authorization, for the purpose of terrorizing the owner or
occupant of that private property or in reckless disregard of the
risk of terrorizing the owner or occupant of that private property,
or who hangs a noose, knowing it to be a symbol representing a threat
to life, on the property of a primary school, junior high school,
high school, college campus, public park, or place of employment, for
the purpose of terrorizing any person who attends or works at the
school, park, or place of employment, or who is otherwise associated
with the school, park, or place of employment, shall be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment for the first conviction or by imprisonment in a county
jail not to exceed one year, or by a fine not to exceed fifteen
thousand dollars ($15,000), or by both the fine and imprisonment for
any subsequent conviction.
(b) Any person who places or displays a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika on the private property of another, without
authorization, for the purpose of terrorizing the owner or occupant
of that private property or in reckless disregard of the risk of
terrorizing the owner or occupant of that private property shall be
punished by imprisonment in a county jail not to exceed one year, by
a fine not to exceed five thousand dollars ($5,000), or by both the
fine and imprisonment for the first conviction and by imprisonment in
a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(c) Any person who engages in a pattern of conduct for the purpose
of terrorizing the owner or occupant of private property or in
reckless disregard of terrorizing the owner or occupant of that
private property, by placing or displaying a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika, on the private property of another on two or more
occasions, shall be punished by imprisonment in the state prison for
16 months or 2 or 3 years, by a fine not to exceed ten thousand
dollars ($10,000), or by both the fine and imprisonment, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment. A violation of this subdivision shall not constitute
felonious conduct for purposes of Section 186.22.
(d) Any person who burns or desecrates a cross or other religious
symbol, knowing it to be a religious symbol, on the private property
of another without authorization for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private
property, or who burns, desecrates, or destroys a cross or other
religious symbol, knowing it to be a religious symbol, on the
property of a primary school, junior high school, or high school for
the purpose of terrorizing any person who attends or works at the
school or who is otherwise associated with the school, shall be
punished by imprisonment in the state prison for 16 months or 2 or 3
years, by a fine of not more than ten thousand dollars ($10,000), or
by both the fine and imprisonment, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both the fine and imprisonment for the first
conviction and by imprisonment in the state prison for 16 months or 2
or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both the fine and imprisonment, or by imprisonment
in a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(e) As used in this section, "terrorize" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
