AB 2604

Bill Subjects

Abstract

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. Existing law requires the bias motivation to be a cause in fact of the offense, whether or not other causes also exist. This bill would specify that discriminatory selection of a victim because of a protected characteristic is a type of bias motivation for purposes of determining whether the crime was committed, in whole or in part, because of the protected characteristic. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires law enforcement to adopt a hate crimes policy, by July 1, 2024, that includes information on bias motivation. For this purpose, existing law defines "bias motivation" to include, among other things, hatred, discriminatory selection of victims, animosity, or resentment. This bill would remove the requirement that law enforcement adopt a policy that includes information on discriminatory selection of victims. 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. This bill would provide that no reimbursement is required by this act for a specified reason.