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AB-1757 Peace officers: hate crime reporting guidelines.(2017-2018)

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Date Published: 03/23/2018 09:00 PM
AB1757:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1757


Introduced by Assembly Member Chu Members Weber and Chu

January 04, 2018


An act to add Section 13024 to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1757, as amended, Weber. Peace officers: hate crime reporting guidelines.
Existing law requires every person or agency dealing with crimes or criminals to maintain the records necessary to report statistical data, and to report statistical data to the Department of Justice and the Attorney General. Existing law requires the Attorney General, subject to the availability of adequate funding, to direct local law enforcement agencies to report information related to hate crimes, as defined, to the Department of Justice.
This bill would require specified reports of law enforcement agencies to include a check box and specified question that indicate whether an incident was bias-related. a suspected hate crime. The bill would require law enforcement agencies to implement the provisions of the bill on or before July 1, 2019. By imposing requirements on local law enforcement 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 13024 is added to the Penal Code, to read:

13024.
 (a) The first page of a law enforcement agency’s departmental information report shall include a check box indicating whether the incident in question was bias-related a suspected hate crime pursuant to Section 422.55.
(b) The first page of a law enforcement agency’s crime report cover sheet shall include a check box indicating whether the incident in question was bias-related a suspected hate crime pursuant to Section 422.55.
(c) The check boxes required by subdivisions (a) and (b) shall be accompanied by the following question: “Do you believe this incident was committed in whole or in part because of “Is there any indication that the offender was motivated, in whole or in part, by bias against one or more of the following actual or perceived characteristics of the victim: 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?”
(d) All law enforcement agencies shall adopt internal policies and fully implement this section on or before July 1, 2019.

SEC. 2.

  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.