Today's Law As Amended


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SB-630 Crimes: hate crimes.(2017-2018)



As Amends the Law Today


SECTION 1.

 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 these actual or perceived characteristics” includes either of the following:
(1) Advocacy for, representation of, defense of, support of, or identification with a person or group that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55, whether by an individual or a public or private entity.
(a) (2)  “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the  Being on  ground 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 public or private  entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(b) “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. Code. 
(c) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
(d) “In whole or in part because of” 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) “Nationality” includes citizenship, country of origin, and national origin.
(f) “Race or ethnicity” includes ancestry, color, and ethnic background.
(g) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
(i) “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.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.