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| 1 | + | Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 158Introduced by Assembly Member ChuJanuary 12, 2017 An act to add Section 13519.61 to the Penal Code, relating to hate crimes. peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 158, as amended, Chu. Hate crime reporting standards.Peace officers: hate crime reporting guidelines.Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13519.61 is added to the Penal Code, immediately following Section 13519.6, to read:13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 158Introduced by Assembly Member ChuJanuary 12, 2017 An act to add Section 13519.61 to the Penal Code, relating to hate crimes. peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 158, as amended, Chu. Hate crime reporting standards.Peace officers: hate crime reporting guidelines.Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 23, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 17, 2017 | |
| 8 | 7 | Amended IN Assembly March 23, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 158 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member ChuJanuary 12, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Chu | |
| 17 | 16 | January 12, 2017 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 13519.61 | |
| 18 | + | An act to add Section 13519.61 to the Penal Code, relating to hate crimes. peace officers. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 158, as amended, Chu. Peace officers: hate crime reporting guidelines. | |
| 24 | + | AB 158, as amended, Chu. Hate crime reporting standards.Peace officers: hate crime reporting guidelines. | |
| 26 | 25 | ||
| 27 | - | ||
| 26 | + | Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined.This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 28 | 27 | ||
| 29 | - | Existing law requires | |
| 28 | + | Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined. | |
| 30 | 29 | ||
| 31 | - | This bill would | |
| 30 | + | This bill would state the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the bill would impose a state-mandated local program. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | 34 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 36 | 35 | ||
| 37 | - | Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to establish minimum training standards for specified law enforcement officers. Existing law requires the commission to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires the course to include instruction in reporting and documenting hate crimes, as defined. | |
| 38 | - | ||
| 39 | - | ||
| 40 | - | ||
| 41 | - | This bill would require the commission to develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. The bill would require all law enforcement agencies to instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission on or before July 1, 2019. By imposing a higher level of service on local law enforcement agencies, the bill would impose a state-mandated local program. | |
| 42 | - | ||
| 43 | - | ||
| 44 | - | ||
| 45 | - | 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. | |
| 46 | - | ||
| 47 | - | ||
| 48 | - | ||
| 49 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 50 | - | ||
| 51 | - | ||
| 52 | - | ||
| 53 | 36 | ## Digest Key | |
| 54 | 37 | ||
| 55 | 38 | ## Bill Text | |
| 56 | 39 | ||
| 57 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 13519.61 is added to the Penal Code, immediately following Section 13519.6, to read:13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. | |
| 58 | 41 | ||
| 59 | 42 | The people of the State of California do enact as follows: | |
| 60 | 43 | ||
| 61 | 44 | ## The people of the State of California do enact as follows: | |
| 62 | 45 | ||
| 63 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 13519.61 is added to the Penal Code, immediately following Section 13519.6, to read:13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023. | |
| 64 | 47 | ||
| 65 | - | SECTION 1. Section | |
| 48 | + | SECTION 1. Section 13519.61 is added to the Penal Code, immediately following Section 13519.6, to read: | |
| 66 | 49 | ||
| 67 | 50 | ### SECTION 1. | |
| 68 | 51 | ||
| 69 | - | ||
| 52 | + | 13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023. | |
| 70 | 53 | ||
| 71 | - | ||
| 54 | + | 13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023. | |
| 72 | 55 | ||
| 73 | - | ||
| 56 | + | 13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies.(b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019.(c) (1) Reporting guidelines developed shall include, but are not limited to, the following:(A) The definition set forth in Section 422.55.(B) Whether the incident included any of the following:(i) Correspondence over the Internet.(ii) Direct or indirect verbal communication.(iii) Intimidation with a prop or object.(iv) Vandalism.(2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code.(d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2.(e) This section does not affect or limit the duties required pursuant to Section 13023. | |
| 74 | 57 | ||
| 75 | 58 | ||
| 76 | 59 | ||
| 77 | - | ||
| 60 | + | 13519.61. (a) The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. | |
| 78 | 61 | ||
| 79 | - | (b) | |
| 62 | + | (b) All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019. | |
| 80 | 63 | ||
| 81 | - | (c) | |
| 64 | + | (c) (1) Reporting guidelines developed shall include, but are not limited to, the following: | |
| 82 | 65 | ||
| 83 | - | (d) All law enforcement agencies shall adopt internal policies and fully implement this section on or before July 1, 2018. | |
| 66 | + | (A) The definition set forth in Section 422.55. | |
| 67 | + | ||
| 68 | + | (B) Whether the incident included any of the following: | |
| 69 | + | ||
| 70 | + | (i) Correspondence over the Internet. | |
| 71 | + | ||
| 72 | + | (ii) Direct or indirect verbal communication. | |
| 73 | + | ||
| 74 | + | (iii) Intimidation with a prop or object. | |
| 75 | + | ||
| 76 | + | (iv) Vandalism. | |
| 77 | + | ||
| 78 | + | (2) The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code. | |
| 79 | + | ||
| 80 | + | (d) As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2. | |
| 81 | + | ||
| 82 | + | (e) This section does not affect or limit the duties required pursuant to Section 13023. | |
| 84 | 83 | ||
| 85 | 84 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 86 | 85 | ||
| 87 | 86 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 88 | 87 | ||
| 89 | 88 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 90 | 89 | ||
| 91 | 90 | ### SEC. 2. | |
| 92 | 91 | ||
| 93 | 92 | ||
| 94 | 93 | ||
| 95 | - | ||
| 96 | - | ||
| 97 | - | (a)The commission shall develop, on or before January 1, 2019, statewide hate crime reporting guidelines to be implemented by all law enforcement agencies. | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | (b)All law enforcement agencies shall instruct all peace officers within their respective agencies to follow the reporting guidelines developed by the commission pursuant to subdivision (a) on or before July 1, 2019. | |
| 102 | - | ||
| 103 | - | ||
| 104 | - | ||
| 105 | - | (c)(1)Reporting guidelines developed shall include, but are not limited to, the following: | |
| 106 | - | ||
| 107 | - | ||
| 108 | - | ||
| 109 | - | (A)The definition set forth in Section 422.55. | |
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | (B)Whether the incident included any of the following: | |
| 114 | - | ||
| 115 | - | ||
| 116 | - | ||
| 117 | - | (i)Correspondence over the Internet. | |
| 118 | - | ||
| 119 | - | ||
| 120 | - | ||
| 121 | - | (ii)Direct or indirect verbal communication. | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | (iii)Intimidation with a prop or object. | |
| 126 | - | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | (iv)Vandalism. | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | (2)The commission shall require that law enforcement agencies follow the reporting guidelines if an incident that is under investigation by a peace officer would come within the description of Section 422.55, or Section 52.1 or Sections 51.7 and 52 of the Civil Code. | |
| 134 | - | ||
| 135 | - | ||
| 136 | - | ||
| 137 | - | (d)As used in this section, peace officer means a person designated as a peace officer pursuant to Section 830.1 or 830.2. | |
| 138 | - | ||
| 139 | - | ||
| 140 | - | ||
| 141 | - | (e)This section does not affect or limit the duties required pursuant to Section 13023. | |
| 142 | - | ||
| 143 | - | ||
| 144 | - | ||
| 145 | - | ||
| 146 | - | ||
| 147 | - | If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 94 | + | It is the intent of the Legislature to enact legislation establishing uniform hate crime reporting standards for law enforcement agencies statewide. |