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AB-557 Hate crimes: hotline.(2021-2022)

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Date Published: 06/29/2021 04:00 AM
AB557:v97#DOCUMENT

Amended  IN  Senate  June 28, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 557


Introduced by Assembly Members Muratsuchi and Chiu
(Coauthors: Assembly Members Bonta, Quirk, Bauer-Kahan, Lee, and Wicks)
(Coauthor: Senator Min)

February 11, 2021


An act to add Section 422.94 to the Penal Code, relating to hate crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 557, as amended, Muratsuchi. Hate crimes: hotline.
Existing law defines “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.
This bill would require the Attorney General to establish, maintain, and publicize a toll-free public hotline telephone number Department of Justice to provide grants to community-based organizations and local government agencies, as specified, to operate telephone hotlines or online reporting portals for the reporting of hate crimes, and for the dissemination sharing of information about the characteristics of hate crimes, protected classes, civil remedies, and reporting options, as specified. The bill would require the Attorney General to post, maintain, and publicize a reporting form for hate crimes and hate incidents on their internet website that can be completed and submitted online. The bill would require the Attorney General’s internet website to provide the public with specified information. department to collaborate with grant recipients to develop uniform training and procedures, as specified. The bill would require grant recipients to provide specified data to the department and would require the department to compile that data and prepare an annual report, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) According to recent data from the Southern Poverty Law Center, there are more than 72 hate groups currently operating in California, which is the highest number in the country.
(b) Recent data from the Department of Justice shows that over 1000 hate crimes were reported in 2018. The data also shows that in 2018, hate crimes involving bias against someone who is Jewish increased by 21.2 percent and hate crimes involving bias against someone who is Latino increased by 18.3 percent. Additionally, this data shows that hate crimes with a sexual orientation bias accounted for nearly 22.3 percent of hate crimes reported in 2018, and have been the second most common type of hate crime over the past 10 years.
(c) Anti-Asian rhetoric surrounding the COVID-19 pandemic has led to a spike in verbal and physical assaults against Asian Americans beginning in 2020. According to Stop AAPI Hate, over 2,800 anti-Asian hate incidents have occurred nationwide since February 2020 with over 1,200 of those occurring in California.
(d) In many communities, people lack sufficient trust in local authorities to report hate crimes or hate incidents. A statewide hotline network of hotlines and online form reporting portals would create important safe spaces to report a hate crime or incident.
(e) Following reports of an increase in hate crimes nationwide, similar hotlines have been established recently in other states and in parts of California, including by the district attorneys’ offices of the City and County of San Francisco and the County of Alameda.

SEC. 2.

 Section 422.94 is added to the Penal Code, immediately following Section 422.93, to read:

422.94.
 (a) (1) The Attorney General Department of Justice shall establish, maintain, and publicize a toll-free public hotline telephone number for the following purposes: provide grant funds to community-based organizations and local agencies other than law enforcement agencies for the purpose of operating local public telephone hotlines and online reporting portals for the purpose of:
(A) Reporting hate crimes and connecting with local law enforcement agencies.
(B) (i)Connecting people who have experienced or witnessed a hate crime or hate incident to other appropriate local resources.

(ii)The Attorney General may establish a list of community-based organizations from which to provide referrals pursuant to this subparagraph.

(C) Disseminating Sharing information about the characteristics of hate crimes and hate incidents, classes of individuals protected under Chapter 1 (commencing with Section 422.55), civil remedies that may be available for victims of hate crimes, and reporting options.
(2) The hotline Hotlines and online portals established pursuant to these grants shall be accessible to people with disabilities and people who do not speak English.
(3) In awarding grants, preference will be given to community-based organizations that represented targeted communities, including, without limitation, Asian and Pacific Islander, Black, Latino, Jewish, LGBTQ, and Muslim communities.
(b) The department shall do both of the following:
(1) Collaborate with grant recipients to develop uniform intake forms and online submission forms.
(2) Provide standardized training to, and in collaboration with, grant recipients regarding the intake, response to, and review of, hate crimes and related incidents.
(c) Grant recipients shall do both of the following:
(1) Advise callers and website visitors that their personally identifiable information will not be shared with local, state, or federal law enforcement, including immigration enforcement, without their express permission.
(2) Provide statistical data regarding hate crimes and related incidents reported to them to the department, in the form and at intervals prescribed by the department. This data shall not include any personally identifiable data regarding victims or reporting parties.
(d) The department shall compile information received pursuant to paragraph (2) of subdivision (c) and annually prepare a report on hate crimes and related incidents reported to local hotlines and internet portals. The report shall be made available to the public.

(3)The hotline shall operate Monday to Friday, inclusive, from 9 a.m. to 5 p.m., except for federal holidays and state holidays, as defined in Section 19853 of the Government Code, or as otherwise posted on the Attorney General’s internet website. The hotline, when not in operation, shall provide a recorded message directing callers to dial 9-1-1 in case of an emergency or otherwise to call their local police nonemergency dispatch number. This information shall also be posted on the Attorney General’s internet website.

(4)Callers to the website shall be advised that the filing of a false report is a violation of Section 148.5 of the Penal Code, punishable as a misdemeanor. This information shall also be posted on the Attorney General’s internet website.

(b)The Attorney General shall post, maintain, and publicize a reporting form for hate crimes and hate incidents on their internet website that can be completed and submitted online.

(c)The Attorney General’s internet website shall provide the public with the same resources and information described in paragraph (1) of subdivision (a).