Bill Text: CA AB412 | 2009-2010 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 412	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 23, 2009

   An act to amend Section  422.6   11411 
of the Penal Code, relating to hate crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 412, as amended, Carter. Hate crimes: nooses. 
   Existing law provides that no person, whether or not acting under
color of law, shall by force or threat of force, willfully injure,
intimidate, interfere with, oppress, or threaten any other person in
the free exercise or enjoyment of any right or privilege secured to
him or her by the Constitution or laws of this state or by the
Constitution or laws of the United States because of the other person'
s race, color, religion, ancestry, national origin, disability,
gender, or sexual orientation, or because he or she perceives that
the other person has one or more of those characteristics. Violation
of these provisions is punishable by imprisonment in a county jail
not to exceed one year, or by a fine not to exceed $5,000, or by both
the above imprisonment and fine, and a minimum of community service,
not to exceed 400 hours, as specified.  
   This bill would additionally provide that no person, whether or
not acting under color of law, shall maliciously either hang or
refuse to remove a noose at any school, park, place of employment, or
public venue. Violation of these provisions would be subject to the
punishment specified above.  
   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  changing the definition of an existing  
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.
   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.  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 422.6 of the Penal Code is
amended to read:
   422.6.  (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States in whole or in part because of one or more
of the actual or perceived characteristics of the victim listed in
subdivision (a) of Section 422.55.
   (b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, in whole or in part
because of one or more of the actual or perceived characteristics of
the victim listed in subdivision (a) of Section 422.55.
   (c) No person, whether or not acting under color of law, shall
maliciously either hang or refuse to remove a noose at any school,
park, place of employment, or public venue.
   (d) Any person convicted of violating subdivision (a), (b), or (c)
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 above imprisonment and fine, and the court shall order
the defendant to perform a minimum of community service, not to
exceed 400 hours, to be performed over a period not to exceed 350
days, during a time other than his or her hours of employment or
school attendance. However, no person may be convicted of violating
subdivision (a) based upon speech alone, except upon a showing that
the speech itself threatened violence against a specific person or
group of persons and that the defendant had the apparent ability to
carry out the threat.
   (e) Conduct that violates this and any other provision of law,
including, but not limited to, an offense described in Article 4.5
(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,
may be charged under all applicable provisions. However, an act or
omission punishable in different ways by this section and other
provisions of law shall not be punished under more than one
provision, and the penalty to be imposed shall be determined as set
forth in Section 654. 
   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  the 
 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   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. 
   (b) 
    (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. 
   (c) 
    (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. 
   (d) 
    (e)  As used in this section, "terrorize" means to cause
a person of ordinary emotions and sensibilities to fear for personal
safety. 
   (e) 
    (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.