Amended IN Assembly March 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member ChauDecember 07, 2020 An act to amend Section 13650 of the Business and Professions Code, and to amend Section 25144 of the Health and Safety Code, relating to service stations. Sections 422.55, 422.56, 422.6, and 422.87 of, and to add Sections 422.58 and 422.72 to, the Penal Code, relating to hate crimes.LEGISLATIVE COUNSEL'S DIGESTAB 28, as amended, Chau. Service stations: definition: alternative fuels. Hate crimes.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. 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 the state prison, depending on the underlying criminal act and other circumstances.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.This bill would impose additional fines for a person who is convicted of a hate crime, as specified. The bill would require those funds to be used, upon appropriation, to fund classes or programs on racial or ethnic sensitivity, or other similar training in the area of civil rights, as specified.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 defines a service station as any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public and prescribes certain business operating requirements for a service station.This bill would exclude from the definition of a service station subject to these business operating requirements an establishment that sells only one or more alternative fuels, as defined. The bill would also make a conforming change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES 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: 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.SEC. 2. Section 422.56 of the Penal Code is amended to read:422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.SEC. 3. Section 422.58 is added to the Penal Code, to read:422.58. 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.SEC. 4. Section 422.6 of the Penal Code is amended to read:422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.SEC. 5. Section 422.72 is added to the Penal Code, to read:422.72. (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.SEC. 6. Section 422.87 of the Penal Code is amended to read:422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 13650 of the Business and Professions Code is amended to read:13650.Service station, as used in this chapter, means any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. For purposes of this chapter, service station does not include an establishment that sells only one or more alternative fuels, as that term is defined in Section 13400.SEC. 2.Section 25144 of the Health and Safety Code is amended to read:25144.(a)For purposes of this section, the following terms have the following meaning:(1)Oil means crude oil, or any fraction thereof, that is liquid at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute pressure. Oil does not include any of the following, unless it is exempt from regulation under paragraph (1) of subdivision (g) of Section 279.10 of, or paragraph (5) of subdivision (g) of Section 279.10 of, Part 279 of Title 40 of the Code of Federal Regulations:(A)Spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, heavy equipment, or machinery powered by an internal combustion engine.(B)Spent industrial oils, including compressor, turbine, and bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drainings.(2)Oil-bearing materials means any liquid or semisolid material containing oil, partially refined petroleum products, or petroleum products. Oil-bearing materials do not include either of the following:(A)Soil from remediation projects.(B)Contaminated groundwater that is generated at, or originating from the operation, maintenance, or cleanup of, service stations, as that term was defined in Section 13650 of the Business and Professions Code as it read on December 31, 2021.(3)Oil recovery operations means the physical separation of oil from oil-bearing materials by means of gravity separation, centrifugation, filter pressing, or other dewatering processes, with or without the addition of heat, chemical flocculants, air, or natural gas to enhance separation.(4)Petroleum refinery means an establishment that has the Standard Industrial Classification Code 2911 and that is not subject to the permit requirements for the recycling of used oil imposed pursuant to Article 9 (commencing with Section 25200).(5)Subsidiary means a corporate entity engaged in the exploration, production, transportation, refining, marketing, or distribution of crude oil or petroleum products.(b)(1)Except as provided in paragraph (2), a biological process on the property of the producer treating oil, its products, and water, that meets the definition of a non-RCRA waste, and that produces an effluent that is continuously discharged to navigable waters in compliance with a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is exempt from this chapter.(2)Residues produced in the treatment process and subsequently removed that conform to any criterion for the identification of a hazardous waste adopted pursuant to Section 25141 are not exempt from this chapter.(c)To the extent consistent with the applicable provisions of the federal act, units, including associated piping, that are part of a system used for the recovery of oil from oil-bearing materials, and the associated storage of oil-bearing materials and the recovered oil, are exempt from this chapter, if all of the following conditions are met:(1)The oil recovery operations are conducted at a petroleum refinery, or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary of the corporate entity.(2)The oil-bearing materials are generated at the refinery or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary, including a sister subsidiary, of the corporate entity, or are generated in the course of oil or gas exploration or production operations conducted by an unrelated entity and placed in a common pipeline.(3)The recovered oil is inserted into petroleum refinery process units to produce fuel or other refined petroleum products. This paragraph does not allow the direct blending, into final petroleum products, of oil-bearing materials or recovered oil that contain constituents that render these materials hazardous under the regulations adopted pursuant to Sections 25140 and 25141, other than those for which the material is being recycled.(4)The recovered oil is not stored in a surface impoundment or accumulated speculatively at the refinery or at an offsite facility.(5)Any residual materials removed from a unit that is exempt under this subdivision are managed in accordance with all other applicable laws.(6)The oil-bearing materials would be excluded from classification as a waste pursuant to, or would otherwise meet the requirements for an exemption under, Section 25143.2, except that the following provisions do not apply to those oil-bearing materials:(A)The prohibitions against prior reclamation in paragraphs (1), (2), and (3) of subdivision (b) of Section 25143.2.(B)Subparagraph (C) of paragraph (2) of subdivision (c) of Section 25143.2.(C)Paragraph (3) of subdivision (e) of Section 25143.2.(D)Sections 25143.9 and 25143.10.(E)The exceptions for wastewater containing more than 75 parts per million of total petroleum hydrocarbons, as provided by subparagraph (A) of paragraph (5) of, and subparagraph (A) of paragraph (6) of, subdivision (d) of Section 25143.2.
Amended IN Assembly March 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member ChauDecember 07, 2020 An act to amend Section 13650 of the Business and Professions Code, and to amend Section 25144 of the Health and Safety Code, relating to service stations. Sections 422.55, 422.56, 422.6, and 422.87 of, and to add Sections 422.58 and 422.72 to, the Penal Code, relating to hate crimes.LEGISLATIVE COUNSEL'S DIGESTAB 28, as amended, Chau. Service stations: definition: alternative fuels. Hate crimes.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. 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 the state prison, depending on the underlying criminal act and other circumstances.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.This bill would impose additional fines for a person who is convicted of a hate crime, as specified. The bill would require those funds to be used, upon appropriation, to fund classes or programs on racial or ethnic sensitivity, or other similar training in the area of civil rights, as specified.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 defines a service station as any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public and prescribes certain business operating requirements for a service station.This bill would exclude from the definition of a service station subject to these business operating requirements an establishment that sells only one or more alternative fuels, as defined. The bill would also make a conforming change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Assembly March 30, 2021
Amended IN Assembly March 30, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 28
Introduced by Assembly Member ChauDecember 07, 2020
Introduced by Assembly Member Chau
December 07, 2020
An act to amend Section 13650 of the Business and Professions Code, and to amend Section 25144 of the Health and Safety Code, relating to service stations. Sections 422.55, 422.56, 422.6, and 422.87 of, and to add Sections 422.58 and 422.72 to, the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 28, as amended, Chau. Service stations: definition: alternative fuels. Hate crimes.
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. 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 the state prison, depending on the underlying criminal act and other circumstances.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.This bill would impose additional fines for a person who is convicted of a hate crime, as specified. The bill would require those funds to be used, upon appropriation, to fund classes or programs on racial or ethnic sensitivity, or other similar training in the area of civil rights, as specified.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 defines a service station as any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public and prescribes certain business operating requirements for a service station.This bill would exclude from the definition of a service station subject to these business operating requirements an establishment that sells only one or more alternative fuels, as defined. The bill would also make a conforming change.
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. 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 the state prison, depending on the underlying criminal act and other circumstances.
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.
This bill would impose additional fines for a person who is convicted of a hate crime, as specified. The bill would require those funds to be used, upon appropriation, to fund classes or programs on racial or ethnic sensitivity, or other similar training in the area of civil rights, as specified.
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 defines a service station as any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public and prescribes certain business operating requirements for a service station.
This bill would exclude from the definition of a service station subject to these business operating requirements an establishment that sells only one or more alternative fuels, as defined. The bill would also make a conforming change.
## Digest Key
## Bill Text
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: 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.SEC. 2. Section 422.56 of the Penal Code is amended to read:422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.SEC. 3. Section 422.58 is added to the Penal Code, to read:422.58. 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.SEC. 4. Section 422.6 of the Penal Code is amended to read:422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.SEC. 5. Section 422.72 is added to the Penal Code, to read:422.72. (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.SEC. 6. Section 422.87 of the Penal Code is amended to read:422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 13650 of the Business and Professions Code is amended to read:13650.Service station, as used in this chapter, means any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. For purposes of this chapter, service station does not include an establishment that sells only one or more alternative fuels, as that term is defined in Section 13400.SEC. 2.Section 25144 of the Health and Safety Code is amended to read:25144.(a)For purposes of this section, the following terms have the following meaning:(1)Oil means crude oil, or any fraction thereof, that is liquid at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute pressure. Oil does not include any of the following, unless it is exempt from regulation under paragraph (1) of subdivision (g) of Section 279.10 of, or paragraph (5) of subdivision (g) of Section 279.10 of, Part 279 of Title 40 of the Code of Federal Regulations:(A)Spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, heavy equipment, or machinery powered by an internal combustion engine.(B)Spent industrial oils, including compressor, turbine, and bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drainings.(2)Oil-bearing materials means any liquid or semisolid material containing oil, partially refined petroleum products, or petroleum products. Oil-bearing materials do not include either of the following:(A)Soil from remediation projects.(B)Contaminated groundwater that is generated at, or originating from the operation, maintenance, or cleanup of, service stations, as that term was defined in Section 13650 of the Business and Professions Code as it read on December 31, 2021.(3)Oil recovery operations means the physical separation of oil from oil-bearing materials by means of gravity separation, centrifugation, filter pressing, or other dewatering processes, with or without the addition of heat, chemical flocculants, air, or natural gas to enhance separation.(4)Petroleum refinery means an establishment that has the Standard Industrial Classification Code 2911 and that is not subject to the permit requirements for the recycling of used oil imposed pursuant to Article 9 (commencing with Section 25200).(5)Subsidiary means a corporate entity engaged in the exploration, production, transportation, refining, marketing, or distribution of crude oil or petroleum products.(b)(1)Except as provided in paragraph (2), a biological process on the property of the producer treating oil, its products, and water, that meets the definition of a non-RCRA waste, and that produces an effluent that is continuously discharged to navigable waters in compliance with a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is exempt from this chapter.(2)Residues produced in the treatment process and subsequently removed that conform to any criterion for the identification of a hazardous waste adopted pursuant to Section 25141 are not exempt from this chapter.(c)To the extent consistent with the applicable provisions of the federal act, units, including associated piping, that are part of a system used for the recovery of oil from oil-bearing materials, and the associated storage of oil-bearing materials and the recovered oil, are exempt from this chapter, if all of the following conditions are met:(1)The oil recovery operations are conducted at a petroleum refinery, or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary of the corporate entity.(2)The oil-bearing materials are generated at the refinery or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary, including a sister subsidiary, of the corporate entity, or are generated in the course of oil or gas exploration or production operations conducted by an unrelated entity and placed in a common pipeline.(3)The recovered oil is inserted into petroleum refinery process units to produce fuel or other refined petroleum products. This paragraph does not allow the direct blending, into final petroleum products, of oil-bearing materials or recovered oil that contain constituents that render these materials hazardous under the regulations adopted pursuant to Sections 25140 and 25141, other than those for which the material is being recycled.(4)The recovered oil is not stored in a surface impoundment or accumulated speculatively at the refinery or at an offsite facility.(5)Any residual materials removed from a unit that is exempt under this subdivision are managed in accordance with all other applicable laws.(6)The oil-bearing materials would be excluded from classification as a waste pursuant to, or would otherwise meet the requirements for an exemption under, Section 25143.2, except that the following provisions do not apply to those oil-bearing materials:(A)The prohibitions against prior reclamation in paragraphs (1), (2), and (3) of subdivision (b) of Section 25143.2.(B)Subparagraph (C) of paragraph (2) of subdivision (c) of Section 25143.2.(C)Paragraph (3) of subdivision (e) of Section 25143.2.(D)Sections 25143.9 and 25143.10.(E)The exceptions for wastewater containing more than 75 parts per million of total petroleum hydrocarbons, as provided by subparagraph (A) of paragraph (5) of, and subparagraph (A) of paragraph (6) of, subdivision (d) of Section 25143.2.
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 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: 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.
SECTION 1. Section 422.55 of the Penal Code is amended to read:
### SECTION 1.
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: 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.
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: 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.
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: 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.
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: 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.
SEC. 2. Section 422.56 of the Penal Code is amended to read:422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
SEC. 2. Section 422.56 of the Penal Code is amended to read:
### SEC. 2.
422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(b)(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.(c)(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(d)(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.(e)(f) Nationality includes citizenship, country of origin, and national origin.(f)(g) Race or ethnicity includes ancestry, color, and ethnic background.(g)(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h)(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i)(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
422.56. For purposes of this title, the following definitions shall apply:
(a) Association with a person or group with these actual or perceived characteristics includes includes, but is not limited to, advocacy for, identification with, observing an event concerning, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b) Bias motivation means a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 and includes discriminatory selection. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, perception that the person is responsible for a social ill because of the protected characteristic, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(b)
(c) Disability includes mental disability and physical disability as defined in Section 12926 of the Government Code Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law.
(c)
(d) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(d)
(e) In whole or in part because of means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias motivation must be a substantial factor in bringing about the particular result. There is no requirement that the bias motivation be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(e)
(f) Nationality includes citizenship, country of origin, and national origin.
(f)
(g) Race or ethnicity includes ancestry, color, and ethnic background.
(g)
(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h)
(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i)
(j) Victim includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
SEC. 3. Section 422.58 is added to the Penal Code, to read:422.58. 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.
SEC. 3. Section 422.58 is added to the Penal Code, to read:
### SEC. 3.
422.58. 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.
422.58. 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.
422.58. 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.
422.58. 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.
SEC. 4. Section 422.6 of the Penal Code is amended to read:422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.
SEC. 4. Section 422.6 of the Penal Code is amended to read:
### SEC. 4.
422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.
422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.
422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.
422.6. (a) No A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.
(b) No A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim or another person listed in subdivision (a) of Section 422.55.
(c) Any A person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her the persons hours of employment or school attendance. However, no a person may shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.
(d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654.
SEC. 5. Section 422.72 is added to the Penal Code, to read:422.72. (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.
SEC. 5. Section 422.72 is added to the Penal Code, to read:
### SEC. 5.
422.72. (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.
422.72. (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.
422.72. (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.
422.72. (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.
SEC. 6. Section 422.87 of the Penal Code is amended to read:422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
SEC. 6. Section 422.87 of the Penal Code is amended to read:
### SEC. 6.
422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:(1) The definitions in Sections 422.55 and 422.56.(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.(3) (A) Information regarding bias motivation.(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.(C)(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
422.87. (a) Each local law enforcement agency may adopt a hate crimes policy. Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy shall include, but not be limited to, all of the following:
(1) The definitions in Sections 422.55 and 422.56.
(2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, and planning and prevention methods.
(3) (A) Information regarding bias motivation.
(B)For the purposes of this paragraph, bias motivation is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of ones own kind, or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.
(C)
(B) (i) In recognizing suspected disability-bias hate crimes, the policy shall advise officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore deserving victims, a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.
(ii) In recognizing suspected disability-bias hate crimes, the policy also shall advise officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrators motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.
(4) Information regarding the general underreporting of hate crimes and crimes, the more extreme underreporting of antidisability and antigender hate crimes crimes, and a plan for the agency to remedy this underreporting.
(5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023.
(6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agencys hate crimes brochure, as required by Section 422.92.
(7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(8) The title or titles of the officer or officers responsible for assuring ensuring that the department has a hate crime brochure brochure, as required by Section 422.92 422.92, and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons.
(9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility.
(b) Any A local law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 7.
Service station, as used in this chapter, means any establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. For purposes of this chapter, service station does not include an establishment that sells only one or more alternative fuels, as that term is defined in Section 13400.
(a)For purposes of this section, the following terms have the following meaning:
(1)Oil means crude oil, or any fraction thereof, that is liquid at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute pressure. Oil does not include any of the following, unless it is exempt from regulation under paragraph (1) of subdivision (g) of Section 279.10 of, or paragraph (5) of subdivision (g) of Section 279.10 of, Part 279 of Title 40 of the Code of Federal Regulations:
(A)Spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, heavy equipment, or machinery powered by an internal combustion engine.
(B)Spent industrial oils, including compressor, turbine, and bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drainings.
(2)Oil-bearing materials means any liquid or semisolid material containing oil, partially refined petroleum products, or petroleum products. Oil-bearing materials do not include either of the following:
(A)Soil from remediation projects.
(B)Contaminated groundwater that is generated at, or originating from the operation, maintenance, or cleanup of, service stations, as that term was defined in Section 13650 of the Business and Professions Code as it read on December 31, 2021.
(3)Oil recovery operations means the physical separation of oil from oil-bearing materials by means of gravity separation, centrifugation, filter pressing, or other dewatering processes, with or without the addition of heat, chemical flocculants, air, or natural gas to enhance separation.
(4)Petroleum refinery means an establishment that has the Standard Industrial Classification Code 2911 and that is not subject to the permit requirements for the recycling of used oil imposed pursuant to Article 9 (commencing with Section 25200).
(5)Subsidiary means a corporate entity engaged in the exploration, production, transportation, refining, marketing, or distribution of crude oil or petroleum products.
(b)(1)Except as provided in paragraph (2), a biological process on the property of the producer treating oil, its products, and water, that meets the definition of a non-RCRA waste, and that produces an effluent that is continuously discharged to navigable waters in compliance with a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is exempt from this chapter.
(2)Residues produced in the treatment process and subsequently removed that conform to any criterion for the identification of a hazardous waste adopted pursuant to Section 25141 are not exempt from this chapter.
(c)To the extent consistent with the applicable provisions of the federal act, units, including associated piping, that are part of a system used for the recovery of oil from oil-bearing materials, and the associated storage of oil-bearing materials and the recovered oil, are exempt from this chapter, if all of the following conditions are met:
(1)The oil recovery operations are conducted at a petroleum refinery, or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary of the corporate entity.
(2)The oil-bearing materials are generated at the refinery or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary, including a sister subsidiary, of the corporate entity, or are generated in the course of oil or gas exploration or production operations conducted by an unrelated entity and placed in a common pipeline.
(3)The recovered oil is inserted into petroleum refinery process units to produce fuel or other refined petroleum products. This paragraph does not allow the direct blending, into final petroleum products, of oil-bearing materials or recovered oil that contain constituents that render these materials hazardous under the regulations adopted pursuant to Sections 25140 and 25141, other than those for which the material is being recycled.
(4)The recovered oil is not stored in a surface impoundment or accumulated speculatively at the refinery or at an offsite facility.
(5)Any residual materials removed from a unit that is exempt under this subdivision are managed in accordance with all other applicable laws.
(6)The oil-bearing materials would be excluded from classification as a waste pursuant to, or would otherwise meet the requirements for an exemption under, Section 25143.2, except that the following provisions do not apply to those oil-bearing materials:
(A)The prohibitions against prior reclamation in paragraphs (1), (2), and (3) of subdivision (b) of Section 25143.2.
(B)Subparagraph (C) of paragraph (2) of subdivision (c) of Section 25143.2.
(C)Paragraph (3) of subdivision (e) of Section 25143.2.
(D)Sections 25143.9 and 25143.10.
(E)The exceptions for wastewater containing more than 75 parts per million of total petroleum hydrocarbons, as provided by subparagraph (A) of paragraph (5) of, and subparagraph (A) of paragraph (6) of, subdivision (d) of Section 25143.2.