Bill Text: CA AB57 | 2021-2022 | Regular Session | Amended
Bill Title: Law enforcement: hate crimes.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 691, Statutes of 2021. [AB57 Detail]
Download: California-2021-AB57-Amended.html
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
March 25, 2021 |
Amended
IN
Assembly
February 25, 2021 |
Introduced by Assembly Members Gabriel and Chiu (Principal coauthor: Senator Min) (Coauthors: Assembly Members Bauer-Kahan, Bloom, Friedman, Cristina Garcia, Holden, Levine, Low, Medina, Nazarian, Nguyen, Quirk, Ting, and Ward) (Coauthors: Senators Allen, Glazer, Hertzberg, Rubio, Stern, and Wiener) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the department to carry out various duties relating to documenting and responding to hate crimes, including conducting reviews of all law enforcement agencies every 3 years to evaluate the accuracy of hate crime data provided and agencies’ hate crime policies, implementing a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students regarding how to report all suspected hate crimes to prevent future hate crimes, submitting specified hate crime reports to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data, and sending advisory notices to law enforcement agencies
when the department determines that hate crimes are being committed in multiple jurisdictions. The bill would also include a statement of legislative findings and declarations.
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.
The Legislature finds and declares all the following:(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
SEC. 2.
Section 422.87 of the Penal Code is amended to read:422.87.
(a) Each local law enforcement agency may adopt a hate crimes policy. Any local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:The Department of Justice shall, in consultation with subject matter experts, including civil rights organizations, law enforcement agencies, and academic experts, do the following:
(a)Maintain and annually update a list of all law enforcement agencies.
(b)Every three years, conduct reviews of all law enforcement agencies to evaluate the accuracy of hate crime data provided and agencies’ hate crime policies. During this review, the department shall obtain all of the following:
(1)Hate crime statistical data.
(2)Copies of the law enforcement agencies’ hate crime policies.
(3)Information regarding the agencies’ community outreach activities on hate crimes, including copies of the agencies’ hate crime brochures mandated pursuant to Section 422.92.
(c)Distribute information to all agencies on hate crime reporting procedures in cooperation with the Commission on Peace Officer Standards and Training (POST).
(d)Periodically do outreach to all law enforcement agencies to increase awareness of the department’s Hate Crime Rapid Response Team, as necessary.
(e)Add region-specific data fields to the department hate crime database, as recommended by the California State
Auditor in the 2018 report entitled “Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”
(f)Create and provide law enforcement agencies with outreach materials to better engage their communities, to provide updates on local trends relating to and statistics regarding hate crimes committed in their communities, and to provide updates regarding threats in the form of hate crimes in their communities. In complying with this paragraph, the department shall do all of the following:
(1)Provide all outreach materials in the Medi-Cal threshold languages.
(2)Provide guidance and best practices for law enforcement agencies to follow when conducting
outreach to vulnerable communities about hate crimes within their jurisdictions. This should include collaboration with city and county human relations and human rights commissions.
(3)Include presentation materials specific to various types of communities historically vulnerable to hate crimes.
(4)Provide the materials described in this subdivision to POST for inclusion in its model policy framework developed pursuant to Section 13519.6.
(g)Implement a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students on the negative consequences of, and how
to recognize, bias, prejudice, harassment, and violence and report all suspected hate crimes to prevent future hate crimes, as recommended by the report described in subdivision (e).
(h)Submit hate crime reports provided by local law enforcement agencies pursuant to Section 13023 to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data collected for purposes of the Uniform Crime Reporting Program, as required by the Hate Crimes Statistics Act, pursuant to Section 534 of Title 28 of, and Section 41305 of Title 34 of, the United States Code.
(i)Analyze reported hate crimes in various regions of the state and send advisory notices to law enforcement agencies when the department determines that hate crimes are being committed in multiple jurisdictions.