13024.
(a) For purposes of this section, the following definitions apply:(1) “Bias motivation” has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.
(2) “Hate crime” has the same meaning as provided in Section 422.55.
(3) “Hate incident” means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(A) Disability.
(B) Gender.
(C) Nationality.
(D) Race or ethnicity.
(E) Religion.
(F) Sexual orientation.
(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.
(b) If a law enforcement agency’s crime reporting system is updated to align with the California Incident Based Reporting System, the law enforcement agency shall comply with both of the following:
(1) The law enforcement agency’s informational, incident, and crime reports shall include a check box indicating whether the underlying incident in the report is a suspected hate crime or hate incident, actual or perceived.
(2) The law enforcement agency shall complete, for each hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime. Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident.