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The Thought Police - Mechista Villaraigosa At Work

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BILL NUMBER: AB 1785 INTRODUCED BILL TEXT

INTRODUCED BY Assembly Member Villaraigosa

JANUARY 26, 2000

An act to amend Sections 628, 628.1, 628.2, and 628.5 of the Penal Code, relating to hate crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1785, as introduced, Villaraigosa. Hate crimes: school crime reporting program.

Existing law requires that school districts report on crimes committed on school grounds, as specified. Existing law requires the State Department of Education, in consultation with the Department of Justice and a representative selection of school districts, to develop a standard school crime reporting form. Existing law requires the department to identify guidelines for reporting, and documentation for validating, the incidents of each crime description included on the standard school crime reporting forms, as specified.

This bill would require the department to specifically include reporting of hate motivated incidents and hate crimes, as defined, on the standard school crime reporting form. This bill would also require the department to establish reporting guidelines and documentation for validation criteria for hate crimes, as defined. By increasing the reporting duty of school districts, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares the following: (a) Hate motivated incidents and hate crimes jeopardize the safety and well-being of all students and staff and are injurious to those victimized by such behavior.

(b) There has been an increasing level of hate motivated incidents and hate crimes in our schools and communities.

(c) It should be the goal of the state to insure that students appreciate and respect diversity, understand the roles and contributions of people of diverse groups, and are prepared to interact harmoniously, work productively, and thrive personally in a pluralistic society.

(d) Current law requires that school districts report crime statistics to the California Department of Education, twice annually. However, the ongoing collection of information about hate motivated incidents and hate crimes is limited.

(e) Better reporting and data collection of hate motivated incidents and hate crimes will provide useful information, both locally and at the state level, to assist in targeting limited resources with greater effectiveness.

SEC. 2. Section 628 of the Penal Code is amended to read:

628. It is the intent of the Legislature in enacting this section to ensure that schools, school districts, local government, and the Legislature have sufficient data and information about the type and frequency of crime , including hate motivated incidents and hate crimes, occurring on school campuses to permit development of effective programs and techniques to combat crime on school campuses.

SEC. 3. Section 628.1 of the Penal Code is amended to read:

628.1. (a) By June 30, 1995, the State Department of Education, in consultation with the Department of Justice and a representative selection of school districts and county offices of education which currently compile school crime statistics, shall develop a standard school crime reporting form for use by all school districts and county offices of education throughout the state. No individual shall be identified by name or in any other manner on this reporting form. The form shall define what constitutes the criminal activity required to be reported and shall include, but not be limited to, all of the following:

(a)

(1) Description of the crime or incident, including hate motivated incidents or hate crimes .

(b)

(2) Victim characteristics.

(c)

(3) Suspect characteristics, if known.

(b) For purposes of this section the following definitions shall apply:

(1) "Hate motivated incident" means an act or attempted act which constitutes an expression of hostility against a person or property or institution because of the victim's real or perceived race, religion, disability, gender, nationality, or sexual orientation. This may include using bigoted insults, taunts, or slurs, distributing or posting hate group literature or posters, defacing, removing, or destroying posted materials or announcements, posting or circulating demeaning jokes or leaflets.

(2) "Hate crime" means an act or attempted act against the person or property of another individual or institution which in any way manifest evidence of hostility toward the victim because of his or her actual or perceived race, religion, disability, gender, nationality, or sexual orientation. This includes, but is not limited to, threatening telephone calls, hate mail, physical assault, vandalism, cross burning, destruction of religious symbols, or fire bombings.

SEC. 4. Section 628.2 of the Penal Code is amended to read:

628.2. (a) On forms prepared and supplied by the State Department of Education, each principal of a school in a school district and each principal or director of a school, program, or camp under the jurisdiction of the county superintendent of schools shall forward a completed report of crimes committed , including hate motivated incidents and hate crimes as defined in paragraphs (1) and (2) of subdivision (b) of Section 628.1, on school or camp grounds at the end of each reporting period to the district superintendent or county superintendent of schools, as the case may be.

(b) The district superintendent, or, as appropriate, the county superintendent of schools, shall compile the school data and submit the aggregated data to the State Department of Education not later than February 1 for the reporting period of July 1 through December 31, and not later than August 1 for the reporting period of January 1 through June 30.

(c) The superintendent of any school district that maintains a police department pursuant to Section 39670 of the Education Code may direct the chief of police or other administrator of that department to prepare the completed report of crimes for one or more schools in the district, to compile the school data for the district, and to submit the aggregated data to the State Department of Education in accordance with this section. If the chief of police or other designated administrator completes the report of crimes, the chief of police or other designated administrator shall provide information to each school principal about the school crime reporting program, the crime descriptions , including hate motivated incidents and hate crimes as defined in paragraphs (1) and (2) of subdivision (b) of Section 628.1, included in the reporting program, the reporting guidelines, and the required documentation identified by the State Department of Education for each crime description.

(d) The State Department of Education shall distribute, upon request, to each school district governing board, each office of the county superintendent of schools, each county probation department, the Attorney General, the Fair Employment and Housing Commission, county human relations commissions, civil rights organizations, and private organizations, a summary of the statewide aggregated data. The department also shall distribute, upon request, to each office of the county superintendent of schools, each county sheriff, and each county probation department, a summary of that county's school district reports and county reports. This information shall be supplied not later than March 1 of each year for the previous school year. The department shall also submit to the Legislature a summary of the statewide aggregated data not later than March 1 of each year for the previous school year. In addition, commencing with the second annual report, the department shall identify and analyze trends in school crime by comparing the numbers and rates of crimes and the resulting economic losses for each year against those of previous years.

(e) All school district, county, and statewide reports prepared under this chapter shall be deemed public documents and shall be made available to the public at a price not to exceed the actual cost of duplication and distribution.

SEC. 5. Section 628.5 of the Penal Code is amended to read:

628.5. The Legislature hereby recognizes that all pupils enrolled in California public schools have the inalienable right to attend classes on campuses that are safe, secure, and peaceful. The Legislature also recognizes the importance of accurate school crime data , including data on hate motivated incidents and hate crimes as defined in paragraphs (1) and (2) of subdivision (b) of Section 628.1, in developing and implementing school safety strategies and programs.

The State Department of Education, in consultation with school districts and county offices of education, shall identify guidelines for reporting and documentation for validating the incidents of each crime description contained on the standard school crime reporting forms prepared pursuant to Sections 628.1 and 628.2. Reporting guidelines and documentation for validation criteria shall be established for each crime description, including, but not limited to, all of the following: battery, assault with a deadly weapon, graffiti, homicide, sex offenses, robbery, extortion, drug and alcohol offenses, possession of weapons, destructive devices, arson, burglary, theft, and vandalism , and hate motivated incidents and hate crimes as defined in paragraphs (1) and (2) of subdivision (b) of Section 628.1 .

SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.


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