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AB-39 Hate crimes.(2017-2018)

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Date Published: 04/25/2017 09:00 PM
AB39:v97#DOCUMENT

Amended  IN  Assembly  April 25, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 39

Introduced by Assembly Member Bocanegra

December 05, 2016

An act to add Section 422.95 to the Penal Code, relating to hate crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 39, as amended, Bocanegra. 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. Subject to adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed.
This bill would require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists. exists, as specified.
By creating additional reporting requirements for local law enforcement agencies, this bill would create 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 422.95 is added to the Penal Code, to read:

422.95.
 (a) Every local law enforcement agency in this state shall, within 14 days after completing a crime report, upon the conclusion of an investigation, forward a summary of any hate crime or incident suspected to be a hate crime that has been reported within the jurisdiction of that law enforcement agency agency, and redact any personal information or personally identifiable information, to the human relations commission in that jurisdiction, if such an entity exists.
(b) As used in this section, “human relations commission” means a board, commission, or similar entity of a city, county, or city and county, whose primary responsibilities may include examining race and human relations problems within a jurisdiction and working with communities, organizations, and public agencies to develop programs that aim to reduce racism, homophobia, anti-immigrant sentiment, or other biases.

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.