The adjustment proposed by AB 2604 is poised to influence the landscape of state laws concerning hate crimes by formalizing the framework within which bias motivation is evaluated. Currently, bias motivation must be proven as a cause in fact of the crime, but the new definition would affirm that any discriminatory choice based on a protected characteristic constitutes bias. This amendment could lead to more comprehensive reporting and accountability for hate crimes as law enforcement agencies will have clearer criteria for classification.
Assembly Bill 2604, introduced by Assembly Member Low on February 14, 2024, seeks to amend Sections 422.56 and 422.87 of the Penal Code in relation to hate crimes. The bill aims to refine the definition of hate crimes by explicitly including 'discriminatory selection of a victim' based on certain characteristics such as race, religion, disability, and sexual orientation. This expansion of the definition intends to ensure that bias motivation is recognized as a significant factor in determining whether a crime qualifies as a hate crime, thereby broadening the scope for law enforcement agencies in categorizing such offenses.
In summary, AB 2604 represents a significant step towards refining California’s approach to hate crimes by clarifying definitions and the responsibilities of law enforcement agencies. By eliminating the requirement to include discriminatory selection in hate crime policies, the bill aims to streamline processes while potentially raising concerns about the broader implications for victim recognition and support in the legal system.
Under the existing framework, law enforcement agencies are required to establish hate crime policies that provide guidelines around bias motivations; however, AB 2604 removes a previous stipulation that these policies must also encompass discriminatory victim selection. This aspect has raised some contention among advocacy groups, who argue that failing to include this requirement could reduce the emphasis on understanding the context in which certain individuals or groups are targeted. Interestingly, AB 2604 also specifies that no state reimbursements will be necessary for costs incurred as a result of implementing the law, which may impact local agencies differently.