Amended IN Senate June 17, 2021 Amended IN Assembly April 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 600Introduced by Assembly Member ArambulaFebruary 11, 2021 An act to amend Section 422.56 of the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 600, as amended, Arambula. Hate crimes: immigration status.Existing law makes an act punishable as a hate crime if it is a criminal act committed, in whole or in part, because of an actual or perceived characteristic of the victim relating to the victims disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Existing law defines nationality for this purpose to include citizenship, country of origin, and national origin. Under existing law, a person who commits a crime that is a hate crime is required to receive an enhanced sentence.This bill would expand the definition of nationality to include immigration status, thereby making it a hate crime to commit a criminal act, in whole or in part, because of the victims actual or perceived immigration status. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. This bill would also make technical, conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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. 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.
Amended IN Senate June 17, 2021 Amended IN Assembly April 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 600Introduced by Assembly Member ArambulaFebruary 11, 2021 An act to amend Section 422.56 of the Penal Code, relating to hate crimes. LEGISLATIVE COUNSEL'S DIGESTAB 600, as amended, Arambula. Hate crimes: immigration status.Existing law makes an act punishable as a hate crime if it is a criminal act committed, in whole or in part, because of an actual or perceived characteristic of the victim relating to the victims disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Existing law defines nationality for this purpose to include citizenship, country of origin, and national origin. Under existing law, a person who commits a crime that is a hate crime is required to receive an enhanced sentence.This bill would expand the definition of nationality to include immigration status, thereby making it a hate crime to commit a criminal act, in whole or in part, because of the victims actual or perceived immigration status. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. This bill would also make technical, conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate June 17, 2021 Amended IN Assembly April 08, 2021
Amended IN Senate June 17, 2021
Amended IN Assembly April 08, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 600
Introduced by Assembly Member ArambulaFebruary 11, 2021
Introduced by Assembly Member Arambula
February 11, 2021
An act to amend Section 422.56 of the Penal Code, relating to hate crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 600, as amended, Arambula. Hate crimes: immigration status.
Existing law makes an act punishable as a hate crime if it is a criminal act committed, in whole or in part, because of an actual or perceived characteristic of the victim relating to the victims disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Existing law defines nationality for this purpose to include citizenship, country of origin, and national origin. Under existing law, a person who commits a crime that is a hate crime is required to receive an enhanced sentence.This bill would expand the definition of nationality to include immigration status, thereby making it a hate crime to commit a criminal act, in whole or in part, because of the victims actual or perceived immigration status. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. This bill would also make technical, conforming changes.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 makes an act punishable as a hate crime if it is a criminal act committed, in whole or in part, because of an actual or perceived characteristic of the victim relating to the victims disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Existing law defines nationality for this purpose to include citizenship, country of origin, and national origin. Under existing law, a person who commits a crime that is a hate crime is required to receive an enhanced sentence.
This bill would expand the definition of nationality to include immigration status, thereby making it a hate crime to commit a criminal act, in whole or in part, because of the victims actual or perceived immigration status. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. This bill would also make technical, conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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. 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.
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 422.56 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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.
SECTION 1. Section 422.56 of the Penal Code is amended to read:
### SECTION 1.
422.56. For purposes of this title, the following definitions shall apply:(a) Association with a person or group with one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(f) Race or ethnicity includes ancestry, color, and ethnic background.(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(i) 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 one or more of these actual or perceived characteristics includes advocacy for, identification with, or being on the premises 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 the characteristics listed in the definition of hate crime under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b) Disability includes mental disability and physical disability, as defined in Section 12926 of the Government 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) Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior regardless of whether it is stereotypically associated with the persons assigned sex at birth.
(d) 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 must be a substantial factor in bringing about the particular result. There is no requirement that the bias 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) Nationality includes citizenship, means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.
(f) Race or ethnicity includes ancestry, color, and ethnic background.
(g) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h) Sexual orientation means heterosexuality, homosexuality, or bisexuality.
(i) 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. 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. 2. 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. 2. 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. 2.