Bill Text: CA AB557 | 2021-2022 | Regular Session | Chaptered
Bill Title: Hate crimes: vertical prosecution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 853, Statutes of 2022. [AB557 Detail]
Download: California-2021-AB557-Chaptered.html
Assembly Bill
No. 557
CHAPTER 853
An act to add and repeal Section 422.94 of the Penal Code, relating to hate crimes.
[
Approved by
Governor
September 30, 2022.
Filed with
Secretary of State
September 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 557, Muratsuchi.
Hate crimes: vertical prosecution.
Existing law defines a “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. 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 establishes the intent of the Legislature to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs to prevent hate crimes and to assist victims.
This bill would require the Department of Justice to establish a grant program for the purpose of creating, supporting, or expanding vertical prosecution units for
the prosecutions of hate crimes. The bill would authorize the department to provide one-time grants, upon appropriation by the Legislature, to selected prosecutorial agencies in a manner and in an amount determined by the department. The bill would require the department to administer the grant program, as specified. The bill would require grant recipients to report specified information to the department by no later than July 1, 2028, and would require the department to compile that information and report to the Legislature by no later than July 1, 2029.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 422.94 is added to the Penal Code, immediately following Section 422.93, to read:422.94.
(a) The Hate Crime Vertical Prosecution Pilot Grant Program (HCVP) is hereby created to be administered by the Department of Justice.(b) Beginning January 1, 2023, and subject to an appropriation of funds by the Legislature, the department shall award grants to prosecutorial agencies for the purpose of creating, supporting, or expanding vertical prosecution units for the prosecution of hate crimes. These units shall be primarily focused on better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases.
(c) One-time HCVP grants shall be made on a competitive basis to selected applicants in a manner and in an amount determined by the
department.
(d) The department shall do all of the following to administer the grant program:
(1) Specify the form of the application and information required to be submitted by each applicant.
(2) Specify the criteria the department shall consider in selecting grant awardees.
(3) Select the number of awards to be granted.
(e) The department may use no more than 5 percent of the funds appropriated for HCVP for the costs of administering the program. Grant awardees shall not use grant funds to supplant existing spending for vertical prosecutions of hate crimes.
(f) By no later than July 1, 2028, each grant recipient shall
prepare and submit a report to the department, in a form prescribed by the department, that includes any relevant data requested by the department.
(g) By no later than January 1, 2029, the department shall prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code summarizing the data provided by grant recipients and analyzing the effectiveness of vertical prosecution programs in better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases, and making policy recommendations to the Legislature.
(h) The department shall make evaluations of the grant program available to the public.
(i) As used in this section, the following terms have the following meanings:
(1) “Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes within a local jurisdiction.
(2) “Vertical prosecution” refers to having the same individual prosecutor assigned to a case from the initial criminal investigation through the sentencing of the offender.
(j) This section shall remain in effect only until July 1, 2029, and as of that date is repealed.
