| Old | New | Differences | |
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| 1 | - | Amended IN Assembly March | |
| 1 | + | Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1064Introduced by Assembly Member LowFebruary 15, 2023An act to amend Section 422.55 Sections 422.55 and 422.56 of the Penal Code, relating to hate crimes.LEGISLATIVE COUNSEL'S DIGESTAB 1064, as amended, Low. 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.This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim may include instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, characteristic of the victim, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, characteristic of the victim, selectively targeting victims based on the actual or perceived characteristic, characteristic of the victim, or posting on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem. By changing the definition of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that 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 422.55 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm.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 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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.SEC. 3. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 14, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1064Introduced by Assembly Member LowFebruary 15, 2023An act to amend Section 422.55 Sections 422.55 and 422.56 of the Penal Code, relating to hate crimes.LEGISLATIVE COUNSEL'S DIGESTAB 1064, as amended, Low. 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.This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim may include instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, characteristic of the victim, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, characteristic of the victim, selectively targeting victims based on the actual or perceived characteristic, characteristic of the victim, or posting on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem. By changing the definition of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 14, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly March 23, 2023 | |
| 8 | 7 | Amended IN Assembly March 14, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1064 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member LowFebruary 15, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Low | |
| 19 | 18 | February 15, 2023 | |
| 20 | 19 | ||
| 21 | - | An act to amend Sections 422.55 and 422.56 of the Penal Code, relating to hate crimes. | |
| 20 | + | An act to amend Section 422.55 Sections 422.55 and 422.56 of the Penal Code, relating to hate crimes. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 1064, as amended, Low. Hate crimes. | |
| 28 | 27 | ||
| 29 | - | 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.This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim | |
| 28 | + | Existing law defines hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation.This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim may include instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, characteristic of the victim, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, characteristic of the victim, selectively targeting victims based on the actual or perceived characteristic, characteristic of the victim, or posting on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem. By changing the definition of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 30 | 29 | ||
| 31 | 30 | Existing law defines hate crime as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. | |
| 32 | 31 | ||
| 33 | - | This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim | |
| 32 | + | This bill would, instead, define a hate crime as a criminal act that is motivated in whole or in part by a bias against one or more of the protected characteristics. The bill would define bias against and would specify that evidence of bias against a perceived characteristic of the victim may include instances when the person has taken specified actions, including using a slur based on the actual or perceived characteristic, characteristic of the victim, vandalizing property using words or symbols commonly associated with a hate group or that show bias motivation based on the actual or perceived characteristic, characteristic of the victim, selectively targeting victims based on the actual or perceived characteristic, characteristic of the victim, or posting on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem. By changing the definition of a crime, this bill would impose a state-mandated local program. | |
| 34 | 33 | ||
| 35 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 36 | 35 | ||
| 37 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 37 | ||
| 39 | 38 | ## Digest Key | |
| 40 | 39 | ||
| 41 | 40 | ## Bill Text | |
| 42 | 41 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 422.55 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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 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) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, | |
| 42 | + | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm.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 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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.SEC. 3. 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. | |
| 44 | 43 | ||
| 45 | 44 | The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | 46 | ## The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | - | SECTION 1. Section 422.55 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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. | |
| 48 | + | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 50 | 49 | ||
| 51 | 50 | SECTION 1. Section 422.55 of the Penal Code is amended to read: | |
| 52 | 51 | ||
| 53 | 52 | ### SECTION 1. | |
| 54 | 53 | ||
| 55 | - | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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. | |
| 54 | + | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 56 | 55 | ||
| 57 | - | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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. | |
| 56 | + | 422.55. For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:(a) Hate crime means a criminal act that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 58 | 57 | ||
| 59 | - | 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 that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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. | |
| 58 | + | 422.55. For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:(a) Hate crime means a criminal act that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim:(1) Disability.(2) Gender.(3) Nationality.(4) Race or ethnicity.(5) Religion.(6) Sexual orientation.(7) 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.(c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a).(2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person:(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 targeted victims based on the actual or perceived characteristic.(D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | 62 | 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: | |
| 64 | 63 | ||
| 65 | 64 | (a) Hate crime means a criminal act that is motivated in whole or in part by a bias against one or more of the following actual or perceived characteristics of the victim: | |
| 66 | 65 | ||
| 67 | 66 | (1) Disability. | |
| 68 | 67 | ||
| 69 | 68 | (2) Gender. | |
| 70 | 69 | ||
| 71 | 70 | (3) Nationality. | |
| 72 | 71 | ||
| 73 | 72 | (4) Race or ethnicity. | |
| 74 | 73 | ||
| 75 | 74 | (5) Religion. | |
| 76 | 75 | ||
| 77 | 76 | (6) Sexual orientation. | |
| 78 | 77 | ||
| 79 | 78 | (7) Association with a person or group with one or more of these actual or perceived characteristics. | |
| 80 | 79 | ||
| 81 | 80 | (b) Hate crime includes, but is not limited to, a violation of Section 422.6. | |
| 82 | 81 | ||
| 83 | - | 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 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) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, evidence of 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 game, or the selective targeting of the victim because of an actual or perceived characteristic of the victim.(2)Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A)Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C)Selectively targeted victims based on their actual or perceived characteristic.(D)Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(c) 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.(d) 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.(e) In whole or in part by 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.(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(g) Race or ethnicity includes ancestry, color, and ethnic background.(h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.(i) Sexual orientation means heterosexuality, homosexuality, or bisexuality.(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. | |
| 82 | + | (c)(1)A bias against means a preexisting negative attitude toward actual or perceived characteristics of a person. 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, the characteristics in subdivision (a). | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (2)Evidence of bias against a characteristic of a person may be determined by the actions of the person who committed a crime that include, but are not be limited to, instances in which the person: | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | (A)Used a slur based on the actual or perceived characteristic. | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 94 | + | (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. | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (C)Selectively targeted victims based on the actual or perceived characteristic. | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | (D)Posted on social media or other media blaming persons with an actual or perceived characteristic for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | 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 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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. | |
| 84 | 107 | ||
| 85 | 108 | SEC. 2. Section 422.56 of the Penal Code is amended to read: | |
| 86 | 109 | ||
| 87 | 110 | ### SEC. 2. | |
| 88 | 111 | ||
| 89 | - | 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) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, | |
| 112 | + | 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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. | |
| 90 | 113 | ||
| 91 | - | 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) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, | |
| 114 | + | 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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. | |
| 92 | 115 | ||
| 93 | - | 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) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, | |
| 116 | + | 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) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim.(2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person:(A) Used a slur based on the actual or perceived characteristic of the victim.(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 of the victim.(C) Selectively targeted victims based on their actual or perceived characteristic.(D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm.(b)(c) 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)(d) 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)(e) In whole or in part because of by 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)(f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law.(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. | |
| 94 | 117 | ||
| 95 | 118 | ||
| 96 | 119 | ||
| 97 | 120 | 422.56. For purposes of this title, the following definitions shall apply: | |
| 98 | 121 | ||
| 99 | 122 | (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. | |
| 100 | 123 | ||
| 101 | - | (b) (1)A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of Section 422.55. Depending on the circumstances of each case, | |
| 124 | + | (b) (1) A bias against means a negative attitude toward actual or perceived characteristics of the victim listed in the definition of hate crime in subdivision (a) of 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 an actual or perceived characteristic of the victim. | |
| 102 | 125 | ||
| 103 | 126 | (2) Evidence of bias against an actual or perceived characteristic of the victim may be determined by the actions of the person who committed a crime that include, but are not limited to, instances in which the person: | |
| 104 | 127 | ||
| 105 | - | ||
| 106 | - | ||
| 107 | 128 | (A) Used a slur based on the actual or perceived characteristic of the victim. | |
| 108 | - | ||
| 109 | - | ||
| 110 | 129 | ||
| 111 | 130 | (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 of the victim. | |
| 112 | 131 | ||
| 113 | - | ||
| 114 | - | ||
| 115 | 132 | (C) Selectively targeted victims based on their actual or perceived characteristic. | |
| 116 | 133 | ||
| 134 | + | (D) Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 117 | 135 | ||
| 118 | - | ||
| 119 | - | (D)Posted on social media or other media blaming persons with the same actual or perceived characteristic as the victim for a societal problem, including, but not limited to, causing illness, crime, or economic harm. | |
| 136 | + | (b) | |
| 120 | 137 | ||
| 121 | 138 | ||
| 122 | 139 | ||
| 123 | 140 | (c) 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. | |
| 124 | 141 | ||
| 142 | + | (c) | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 125 | 146 | (d) 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. | |
| 126 | 147 | ||
| 127 | - | (e) In whole or in part by 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. | |
| 148 | + | (d) | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (e) In whole or in part because of by 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. | |
| 153 | + | ||
| 154 | + | (e) | |
| 155 | + | ||
| 156 | + | ||
| 128 | 157 | ||
| 129 | 158 | (f) Nationality means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law. | |
| 130 | 159 | ||
| 160 | + | (f) | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 131 | 164 | (g) Race or ethnicity includes ancestry, color, and ethnic background. | |
| 165 | + | ||
| 166 | + | (g) | |
| 167 | + | ||
| 168 | + | ||
| 132 | 169 | ||
| 133 | 170 | (h) Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. | |
| 134 | 171 | ||
| 172 | + | (h) | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 135 | 176 | (i) Sexual orientation means heterosexuality, homosexuality, or bisexuality. | |
| 177 | + | ||
| 178 | + | (i) | |
| 179 | + | ||
| 180 | + | ||
| 136 | 181 | ||
| 137 | 182 | (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. | |
| 138 | 183 | ||
| 139 | - | SEC. 3. 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. | |
| 184 | + | SEC. 2.SEC. 3. 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. | |
| 140 | 185 | ||
| 141 | - | SEC. 3. 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. | |
| 186 | + | SEC. 2.SEC. 3. 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. | |
| 142 | 187 | ||
| 143 | - | SEC. 3. 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. | |
| 188 | + | SEC. 2.SEC. 3. 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. | |
| 144 | 189 | ||
| 145 | - | ### SEC. 3. | |
| 190 | + | ### SEC. 2.SEC. 3. |