Amended
IN
Assembly
April 21, 2021 |
Amended
IN
Assembly
March 30, 2021 |
Introduced by Assembly Member Chau |
December 07, 2020 |
This bill would make a criminal act committed, in whole or in part, because of actual or perceived characteristics of a person other than the victim a hate crime. By expanding the definition
of a crime, this bill would impose a state-mandated local program.
This bill would deem a person to have acted in whole or in part because of the perceived characteristic of the victim or other person when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, selectively targeting victims or others based on the actual or perceived characteristic, or posting on social media or other media blaming the group with the actual or perceived characteristic for a societal problem.
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.
For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:
(a)“Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim or other person:
(1)Disability.
(2)Gender.
(3)Nationality.
(4)Race or ethnicity.
(5)Religion.
(6)Sexual orientation.
(7)Association with a person or group with one or more of these actual or perceived characteristics.
(b)“Hate crime” includes, but is not limited to, a violation of Section 422.6.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
A person may be deemed to have acted in whole or in part because of the perceived characteristic of the victim or other person for purposes of this title when the person has done one or more of the following:
(a)Used a slur based on the actual or perceived characteristic.
(b)Vandalized property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic.
(c)Selectively targeting victims or others based on the actual or perceived characteristic.
(d)Posting on social media or other media
blaming the group with the actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm.
(a)In addition to all other fines and penalties, the court shall impose an additional fine on a person who is convicted of a violation of Section 422.6 or 422.7, or who has a sentence enhancement imposed pursuant to Section 422.75, in the following amount:
(1)For a violation of Section 422.6, a fine in the amount of five thousand dollars ($5,000).
(2)For a violation of Section 422.7, a fine in the amount of ten thousand dollars ($10,000).
(3)For a sentence enhancement imposed pursuant to Section 422.75, a fine in the amount of ten thousand dollars ($10,000).
(b)Fines received pursuant to this section shall be placed in the Trial Court Trust Fund and may be used, upon appropriation of the Legislature, to fund classes or programs on racial or ethnic sensitivity, or other similar training in the area of civil rights, as provided in paragraph (1) of subdivision (a) of Section 422.85.
(a)
(b)
(c)
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.