Amended IN Senate January 03, 2018 Amended IN Senate August 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 691Introduced by Senator LaraFebruary 17, 2017An act to add Title 11.8 (commencing with Section 423.8) to Part 1 of the Penal Code, relating to domestic terrorism. amend Section 66251 of the Education Code, relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTSB 691, as amended, Lara. Crimes: domestic terrorism. Educational equity: immigration status.Existing law states the policy of the State of California to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.This bill would expressly reference immigration status in the specified characteristics for purposes of those provisions.Existing law prohibits the willful interference with the free exercise of any constitutional right of another person because of the race, nationality, gender, disability, sexual orientation, or religion of that person. Existing law prohibits the assault of another person with a deadly weapon. Existing law prohibits the killing of another person, as prescribed.This bill would prohibit the use of a motor vehicle to willfully stop, disrupt, interfere with or prevent an assembly of people, as defined, and thereby proximately causing death or serious bodily injury, except as specified. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66251 of the Education Code is amended to read:66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.SECTION 1.The Legislature finds and declares that the threat of terrorism involving the use of a vehicle to disrupt, prevent, or stop a current or future rally, protest, or other form of assembly is a public safety concern and an unacceptable infringement on the exercise of the constitutional rights of free speech and assembly.SEC. 2.Title 11.8 (commencing with Section 423.8) is added to Part 1 of the Penal Code, to read:11.8.Domestic Terrorism Prevention Act423.8.This title shall be known, and may be cited, as the Domestic Terrorism Prevention Act of 2017.423.85.(a)Any person who wilfully uses a motor vehicle to interfere with, disrupt, or stop an assembly of people or to intimidate or coerce people from forming or participating in an assembly of people, and thereby proximately causes significant or substantial bodily injury to another person shall be punished by imprisonment in the state prison for two, three, or four years.(b)Any person who violates subdivision (a) in a manner likely to cause death or significant or substantial bodily injury, and proximately causes the death of another person shall be punished by imprisonment in the state prison for a term of life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.(c)This section does not preclude prosecution under any other provision of law.(d)This section does not apply to either of the following:(1)A person who, in reasonable fear for their personal safety, uses a motor vehicle to flee from a violent protest, in a reasonable manner.(2)A peace officer who, in the performance of his or her duties, uses a motor vehicle in a safe and reasonable manner while attempting to direct, control, or disperse a crowd or respond to an emergency.(e)For the purposes of this section, an assembly of people means three or more people gathering in a place open to the public for the purpose of expressing, representing, or advocating for a cause or political position, and includes a rally, march, or protest, whether it is organized or spontaneous, and whether or not is has been permitted.SEC. 3.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.
Amended IN Senate January 03, 2018 Amended IN Senate August 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 691Introduced by Senator LaraFebruary 17, 2017An act to add Title 11.8 (commencing with Section 423.8) to Part 1 of the Penal Code, relating to domestic terrorism. amend Section 66251 of the Education Code, relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTSB 691, as amended, Lara. Crimes: domestic terrorism. Educational equity: immigration status.Existing law states the policy of the State of California to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.This bill would expressly reference immigration status in the specified characteristics for purposes of those provisions.Existing law prohibits the willful interference with the free exercise of any constitutional right of another person because of the race, nationality, gender, disability, sexual orientation, or religion of that person. Existing law prohibits the assault of another person with a deadly weapon. Existing law prohibits the killing of another person, as prescribed.This bill would prohibit the use of a motor vehicle to willfully stop, disrupt, interfere with or prevent an assembly of people, as defined, and thereby proximately causing death or serious bodily injury, except as specified. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate January 03, 2018 Amended IN Senate August 28, 2017
Amended IN Senate January 03, 2018
Amended IN Senate August 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 691
Introduced by Senator LaraFebruary 17, 2017
Introduced by Senator Lara
February 17, 2017
An act to add Title 11.8 (commencing with Section 423.8) to Part 1 of the Penal Code, relating to domestic terrorism. amend Section 66251 of the Education Code, relating to educational equity.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 691, as amended, Lara. Crimes: domestic terrorism. Educational equity: immigration status.
Existing law states the policy of the State of California to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.This bill would expressly reference immigration status in the specified characteristics for purposes of those provisions.Existing law prohibits the willful interference with the free exercise of any constitutional right of another person because of the race, nationality, gender, disability, sexual orientation, or religion of that person. Existing law prohibits the assault of another person with a deadly weapon. Existing law prohibits the killing of another person, as prescribed.This bill would prohibit the use of a motor vehicle to willfully stop, disrupt, interfere with or prevent an assembly of people, as defined, and thereby proximately causing death or serious bodily injury, except as specified. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.
Existing law states the policy of the State of California to afford all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in postsecondary educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would expressly reference immigration status in the specified characteristics for purposes of those provisions.
Existing law prohibits the willful interference with the free exercise of any constitutional right of another person because of the race, nationality, gender, disability, sexual orientation, or religion of that person. Existing law prohibits the assault of another person with a deadly weapon. Existing law prohibits the killing of another person, as prescribed.
This bill would prohibit the use of a motor vehicle to willfully stop, disrupt, interfere with or prevent an assembly of people, as defined, and thereby proximately causing death or serious bodily injury, except as specified. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 66251 of the Education Code is amended to read:66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.SECTION 1.The Legislature finds and declares that the threat of terrorism involving the use of a vehicle to disrupt, prevent, or stop a current or future rally, protest, or other form of assembly is a public safety concern and an unacceptable infringement on the exercise of the constitutional rights of free speech and assembly.SEC. 2.Title 11.8 (commencing with Section 423.8) is added to Part 1 of the Penal Code, to read:11.8.Domestic Terrorism Prevention Act423.8.This title shall be known, and may be cited, as the Domestic Terrorism Prevention Act of 2017.423.85.(a)Any person who wilfully uses a motor vehicle to interfere with, disrupt, or stop an assembly of people or to intimidate or coerce people from forming or participating in an assembly of people, and thereby proximately causes significant or substantial bodily injury to another person shall be punished by imprisonment in the state prison for two, three, or four years.(b)Any person who violates subdivision (a) in a manner likely to cause death or significant or substantial bodily injury, and proximately causes the death of another person shall be punished by imprisonment in the state prison for a term of life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.(c)This section does not preclude prosecution under any other provision of law.(d)This section does not apply to either of the following:(1)A person who, in reasonable fear for their personal safety, uses a motor vehicle to flee from a violent protest, in a reasonable manner.(2)A peace officer who, in the performance of his or her duties, uses a motor vehicle in a safe and reasonable manner while attempting to direct, control, or disperse a crowd or respond to an emergency.(e)For the purposes of this section, an assembly of people means three or more people gathering in a place open to the public for the purpose of expressing, representing, or advocating for a cause or political position, and includes a rally, march, or protest, whether it is organized or spontaneous, and whether or not is has been permitted.SEC. 3.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 66251 of the Education Code is amended to read:66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.
SECTION 1. Section 66251 of the Education Code is amended to read:
### SECTION 1.
66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.
66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.
66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.
66251. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. for the commission of those prohibited acts.
The Legislature finds and declares that the threat of terrorism involving the use of a vehicle to disrupt, prevent, or stop a current or future rally, protest, or other form of assembly is a public safety concern and an unacceptable infringement on the exercise of the constitutional rights of free speech and assembly.
This title shall be known, and may be cited, as the Domestic Terrorism Prevention Act of 2017.
(a)Any person who wilfully uses a motor vehicle to interfere with, disrupt, or stop an assembly of people or to intimidate or coerce people from forming or participating in an assembly of people, and thereby proximately causes significant or substantial bodily injury to another person shall be punished by imprisonment in the state prison for two, three, or four years.
(b)Any person who violates subdivision (a) in a manner likely to cause death or significant or substantial bodily injury, and proximately causes the death of another person shall be punished by imprisonment in the state prison for a term of life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.
(c)This section does not preclude prosecution under any other provision of law.
(d)This section does not apply to either of the following:
(1)A person who, in reasonable fear for their personal safety, uses a motor vehicle to flee from a violent protest, in a reasonable manner.
(2)A peace officer who, in the performance of his or her duties, uses a motor vehicle in a safe and reasonable manner while attempting to direct, control, or disperse a crowd or respond to an emergency.
(e)For the purposes of this section, an assembly of people means three or more people gathering in a place open to the public for the purpose of expressing, representing, or advocating for a cause or political position, and includes a rally, march, or protest, whether it is organized or spontaneous, and whether or not is has been permitted.
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.