Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

AB-1440 Civil rights crimes.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 422.6 of the Penal Code is amended to read:

422.6.
 (a) No   A  person, whether or not acting under color of law, shall not,  by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any a  right or privilege secured to him or her  by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
(b) No   A  person, whether or not acting under color of law, shall not  knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any a  right or privilege secured to the other person  by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
(c) Any   A  person convicted of violating subdivision (a) or (b) shall be punished either  by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and  or pursuant to subdivision (h) of Section 1170. In addition to that punishment,  the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her  the person’s  hours of employment or school attendance. However, no a  person may  shall not  be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.
(d) Conduct that violates this and any other provision of  law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of  another  law shall not be punished under more than one provision, law,  and the penalty to be imposed shall be determined as set forth in Section 654.
SEC. 2.
  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.