California 2021-2022 Regular Session

California Assembly Bill AB2333 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2333Introduced by Assembly Member Smith(Coauthors: Assembly Members Chen, Choi, Flora, Gallagher, Lackey, Mathis, and Seyarto)February 16, 2022 An act to amend Section 422.55 of the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2333, as introduced, Smith. Hate crimes: peace officers.Existing law defines 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.This bill would add status as a peace officer to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime and by expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 422.55 of the Penal Code is amended to read:422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.
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3	3	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2333Introduced by Assembly Member Smith(Coauthors: Assembly Members Chen, Choi, Flora, Gallagher, Lackey, Mathis, and Seyarto)February 16, 2022 An act to amend Section 422.55 of the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2333, as introduced, Smith. Hate crimes: peace officers.Existing law defines 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.This bill would add status as a peace officer to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime and by expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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: YES Local Program: YES
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9	9	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 2333
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15	15	Introduced by Assembly Member Smith(Coauthors: Assembly Members Chen, Choi, Flora, Gallagher, Lackey, Mathis, and Seyarto)February 16, 2022
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17	17	Introduced by Assembly Member Smith(Coauthors: Assembly Members Chen, Choi, Flora, Gallagher, Lackey, Mathis, and Seyarto)
18	18	February 16, 2022
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20	20	An act to amend Section 422.55 of the Penal Code, relating to hate crimes.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 2333, as introduced, Smith. Hate crimes: peace officers.
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28	28	Existing law defines 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.This bill would add status as a peace officer to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime and by expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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30	30	Existing law defines 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request.
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32	32	This bill would add status as a peace officer to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime and by expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this bill would impose a state-mandated local program.
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34	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.
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36	36	This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
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38	38	With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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40	40	## Digest Key
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42	42	## Bill Text
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44	44	The people of the State of California do enact as follows:SECTION 1. Section 422.55 of the Penal Code is amended to read:422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.
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46	46	The people of the State of California do enact as follows:
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48	48	## The people of the State of California do enact as follows:
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50	50	SECTION 1. Section 422.55 of the Penal Code is amended to read:422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.
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52	52	SECTION 1. Section 422.55 of the Penal Code is amended to read:
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54	54	### SECTION 1.
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56	56	422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.
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58	58	422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.
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60	60	422.55. 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:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) Status as a peace officer, as defined in Section 830.(7) (8) 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.
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64	64	422.55. 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:
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66	66	(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:
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68	68	(1) Disability.
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70	70	(2) Gender.
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72	72	(3) Nationality.
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74	74	(4) Race or ethnicity.
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76	76	(5) Religion.
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78	78	(6) Sexual orientation.
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80	80	(7) Status as a peace officer, as defined in Section 830.
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82	82	(7)
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86	86	(8) Association with a person or group with one or more of these actual or perceived characteristics.
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88	88	(b) Hate crime includes, but is not limited to, a violation of Section 422.6.
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90	90	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.
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92	92	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.
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94	94	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
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96	96	### SEC. 2.
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98	98	However, if the Commission on State Mandates determines that this act contains other 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.