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| 1 | + | Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 39Introduced by Assembly Member BocanegraDecember 05, 2016 An act to add Section 422.95 to the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 39, as amended, Bocanegra. Hate crimes.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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed.This bill would declare the intent of the Legislature to enact legislation to establish a Hate Crime Registry for purposes of creating a repository of information on hate crimes committed in California. require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists.By creating additional reporting requirements for local law enforcement agencies, this bill would create 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 422.95 is added to the Penal Code, to read:422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases.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 to establish a Hate Crime Registry, for the purposes of creating a repository of information on hate crimes that are committed in California communities. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 39Introduced by Assembly Member BocanegraDecember 05, 2016 An act to add Section 422.95 to the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 39, as amended, Bocanegra. Hate crimes.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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed.This bill would declare the intent of the Legislature to enact legislation to establish a Hate Crime Registry for purposes of creating a repository of information on hate crimes committed in California. require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists.By creating additional reporting requirements for local law enforcement agencies, this bill would create 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 25, 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. 39 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member BocanegraDecember 05, 2016 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Bocanegra | |
| 17 | 16 | December 05, 2016 | |
| 18 | 17 | ||
| 19 | 18 | An act to add Section 422.95 to the Penal Code, relating to hate crimes. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 39, as amended, Bocanegra. Hate crimes. | |
| 26 | 25 | ||
| 27 | - | 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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed.This bill would require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists | |
| 26 | + | 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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed.This bill would declare the intent of the Legislature to enact legislation to establish a Hate Crime Registry for purposes of creating a repository of information on hate crimes committed in California. require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists.By creating additional reporting requirements for local law enforcement agencies, this bill would create 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 | 28 | 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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed. | |
| 30 | 29 | ||
| 31 | - | This bill would require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists. | |
| 30 | + | This bill would declare the intent of the Legislature to enact legislation to establish a Hate Crime Registry for purposes of creating a repository of information on hate crimes committed in California. require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists. | |
| 32 | 31 | ||
| 33 | 32 | By creating additional reporting requirements for local law enforcement agencies, this bill would create a state-mandated local program. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | 35 | ||
| 37 | 36 | 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. | |
| 38 | 37 | ||
| 39 | 38 | ## Digest Key | |
| 40 | 39 | ||
| 41 | 40 | ## Bill Text | |
| 42 | 41 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 422.95 is added to the Penal Code, to read:422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 422.95 is added to the Penal Code, to read:422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases.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 to establish a Hate Crime Registry, for the purposes of creating a repository of information on hate crimes that are committed in California communities. | |
| 44 | 43 | ||
| 45 | 44 | The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | 46 | ## The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | - | SECTION 1. Section 422.95 is added to the Penal Code, to read:422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, | |
| 48 | + | SECTION 1. Section 422.95 is added to the Penal Code, to read:422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases. | |
| 50 | 49 | ||
| 51 | 50 | SECTION 1. Section 422.95 is added to the Penal Code, to read: | |
| 52 | 51 | ||
| 53 | 52 | ### SECTION 1. | |
| 54 | 53 | ||
| 55 | - | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report | |
| 54 | + | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases. | |
| 56 | 55 | ||
| 57 | - | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report | |
| 56 | + | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases. | |
| 58 | 57 | ||
| 59 | - | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report | |
| 58 | + | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists.(b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases. | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | - | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report | |
| 62 | + | 422.95. (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency to the human relations commission in that jurisdiction, if such an entity exists. | |
| 64 | 63 | ||
| 65 | 64 | (b) As used in this section, human relations commission means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases. | |
| 66 | 65 | ||
| 67 | 66 | 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. | |
| 68 | 67 | ||
| 69 | 68 | 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. | |
| 70 | 69 | ||
| 71 | 70 | 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. | |
| 72 | 71 | ||
| 73 | 72 | ### SEC. 2. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | It is the intent of the Legislature to enact legislation to establish a Hate Crime Registry, for the purposes of creating a repository of information on hate crimes that are committed in California communities. |