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AB-301 Hate crime data collection and outreach.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB301:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 301


Introduced by Assembly Member Chu

January 29, 2019


An act to add Section 13025 to the Penal Code, relating to hate crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 301, as amended, Chu. Hate crimes. crime data collection and outreach.
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. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy created by POST regarding hate crimes. Existing law also requires, subject to the availability of adequate funding, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice.

This bill would express the intent of the Legislature to enact legislation that would implement all of the recommendations set forth in the California State Auditor’s May 2018 report entitled “Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”

This bill would require the department to carry out various duties relating to documenting and responding to hate crimes, including conducting reviews of all law enforcement agencies every 3 years to evaluate the accuracy of hate crime data provided and agencies’ hate crime policies, implementing a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students regarding how to report all suspected hate crimes to prevent future hate crimes, and submitting specified hate crime reports to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data. The bill would also include a statement of legislative findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all the following:
(a) In 2018, the California State Auditor released a report entitled “Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”
(b) The California State Auditor found that despite an increase in hate crimes in California since 2014, law enforcement has not been doing enough to identify, report, and respond to these crimes.
(c) According the Attorney General, reported hate crimes in California have increased by 17.4 percent in California from 2016 to 2017, consistent with an escalation nationwide as documented by the Federal Bureau of Investigation (FBI) in the reported hate crime statistics for 2017.
(d) According to FBI data, in 2016 California law enforcement agencies reported more hate crimes nationwide than any other state, accounting for more than 15 percent of all reported hate crimes nationwide, despite making up only 12 percent of the United States population.
(e) Hate crimes are nonetheless underreported, and the actual number of victims and cases is generally unknown.
(f) The report found that, out of the four law enforcement agencies reviewed, three failed to properly identify some hate crimes. For example, for the years 2014 to 2016, inclusive, the Los Angeles Police Department and the San Francisco State University Police Department failed to correctly identify 11 of the 30 cases the California State Auditor reviewed as hate crimes.
(g) The four law enforcement agencies reviewed failed to report to the Department of Justice a total of 97 hate crimes – about 14 percent of hate crimes identified.
(h) The report noted that better proactive guidance and oversight by the Department of Justice will result in improved reporting of hate crime information.
(i) The Department of Justice’s current reporting process does not capture the geographic location where each hate crime occurred, but only reports the agency that reported the crime.
(j) Of the 245 law enforcement agencies the California State Auditor surveyed, more than 30 percent stated they do not use any methods to encourage the public to report hate crimes.
(k) The California State Auditor noted that the Department of Justice is “uniquely positioned to provide leadership for law enforcement agencies’ response to hate crimes” because of its statutory responsibilities to collect, analyze and report on hate crimes.

SEC. 2.

 Section 13025 is added to the Penal Code, to read:

13025.
 The Department of Justice shall, in consultation with subject matter experts, including civil rights organizations, do the following:
(a) Maintain and annually update a list of all law enforcement agencies.
(b) Every three years, conduct reviews of all law enforcement agencies to evaluate the accuracy of hate crime data provided and agencies’ hate crime policies. During this review, the department shall obtain all of the following:
(1) Hate crime statistical data.
(2) Copies of the law enforcement agencies’ hate crime policies.
(3) Information regarding the agencies’ community outreach activities on hate crimes, including copies of the agencies’ hate crime brochures mandated pursuant to Section 422.92.
(c) Distribute information to all agencies on hate crime reporting procedures in cooperation with the Commission on Peace Officer Standards and Training (POST).
(d) Periodically do outreach to all law enforcement agencies to increase awareness of the department’s Hate Crime Rapid Response Team, as necessary.
(e) Add region-specific data fields to the department hate crime database, as recommended by the California State Auditor in the 2018 report entitled “Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”
(f) Create and provide law enforcement agencies with outreach materials to better engage their communities, to provide updates on local trends relating to and statistics regarding hate crimes committed in their communities, and to provide updates regarding threats in the form of hate crimes in their communities. In complying with this paragraph, the department shall do all of the following:
(1) Provide all outreach materials in the Medi-Cal threshold languages.
(2) Provide guidance and best practices for law enforcement agencies to follow when conducting outreach to vulnerable communities about hate crimes within their jurisdictions. This should include collaboration with city and county human relations and human rights commissions.
(3) Include presentation materials specific to various types of communities historically vulnerable to hate crimes.
(4) Provide the materials described in this subdivision to POST for inclusion in its model policy framework developed pursuant to Section 13519.6.
(g) Implement a school-based program in conjunction with school districts and local law enforcement agencies aimed at educating students on the negative consequences of, and how to recognize, bias, prejudice, harassment, and violence and report all suspected hate crimes to prevent future hate crimes, as recommended by the report described in subdivision (e).
(h) Submit hate crime reports provided by local law enforcement agencies pursuant to Section 13023 to the Federal Bureau of Investigation for inclusion in the national crime repository for crime data collected for purposes of the Uniform Crime Reporting Program, as required by the Hate Crimes Statistics Act, pursuant to Section 534 of Title 28 of, and Section 41305 of Title 34 of, the United States Code.

SECTION 1.

It is the intent of the Legislature to enact legislation that would implement all of the recommendations set forth in the California State Auditor’s May 2018 report entitled “Hate Crimes in California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”