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Date Published: 03/21/2019 09:00 PM
AB837:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 837


Introduced by Assembly Member Holden

February 20, 2019


An act to amend Section 13219.6 of, and to add Sections Section 422.875 and 13519.62 to to, the Penal Code, relating to hate crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 837, as amended, Holden. Peace officers: training: hate crimes.
Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law authorizes each local law enforcement agency to adopt a hate crimes policy.
This bill would require each local law enforcement agency to require peace officers to attend periodic training in the investigation of hate crimes crimes, using the most recent POST training materials, and would authorize each agency to make the training culturally relevant to the community served by that agency. The bill would require the commission POST to develop guidelines and establish standards for the frequency of that periodic training. By imposing additional duties on local agencies, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 422.875 is added to the Penal Code, immediately following Section 422.87, to read:

422.875.
 Each local law enforcement agency shall require peace officers to attend periodic training in the investigation of hate crimes. crimes, using the most recent training material developed pursuant to Section 13519.6 for this purpose. Each agency may make the training culturally relevant to the community served by that agency.

SEC. 2.Section 13519.62 is added to the Penal Code, immediately following Section 13519.6, to read:
13519.62.

The commission shall develop guidelines and establish standards for the periodic training of law enforcement officers in the investigation of hate crimes for purposes of Section 422.875.

SEC. 2.

 Section 13519.6 of the Penal Code is amended to read:

13519.6.
 (a) The commission shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. “Hate crimes,” for purposes of this section, has the same meaning as in Section 422.55.
(b) The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:
(1) Indicators of hate crimes.
(2) The impact of these crimes on the victim, the victim’s family, and the community, and the assistance and compensation available to victims.
(3) Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.
(4) Law enforcement procedures, reporting, and documentation of hate crimes.
(5) Techniques and methods to handle incidents of hate crimes in a noncombative manner.
(6) Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims’ actual or perceived homelessness.
(7) The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.
(8) Preparation for, and response to, possible future anti-Arab/Middle Eastern and anti-Islamic hate crimewaves, and any other future hate crime waves that the Attorney General determines are likely.
(c) The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b), and shall include a framework and possible content of a general order or other formal policy on hate crimes that all state law enforcement agencies shall adopt and the commission shall encourage all local law enforcement agencies to adopt. The elements of the framework shall include, but not be limited to, the following:
(1) A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement.
(2) The definition of “hate crime” in Section 422.55.
(3) References to hate crime statutes including Section 422.6.
(4) A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
(A) Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
(B) Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
(C) Accessing assistance, assistance by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
(D) Providing victim assistance and followup, including community followup.
(E) Reporting.
(d) (1) The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).
(2) Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 2003–04 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.
(e) As used in this section, “peace officer” means any person designated as a peace officer by Section 830.1 or 830.2.
(f) The additional training requirements imposed under this section by legislation adopted in 2004 shall be implemented by July 1, 2007.
(g) The commission shall develop guidelines and establish standards for the frequency of periodic training of peace officers in the investigation of hate crimes, as required pursuant to Section 422.875.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.