AB 449

Bill Subjects

Abstract

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 state law enforcement agencies and authorizes local law enforcement agencies to adopt a framework or other formal policy on hate crimes created by the Commission on Peace Officer Standards and Training. Existing law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including the content of the model policy framework developed by the commission. This bill would make adoption of a hate crimes policy by a state and local law enforcement agency mandatory by July 1, 2024. The bill would require those policies to include the supplemental hate crime report in the model policy framework developed by the commission and a schedule of hate crime or related trainings the agency conducts. By imposing requirements on local agencies, this bill would impose a state-mandated local program. Existing law requires the Department of Justice to collect specified information from law enforcement agencies relative to hate crimes, including formal hate crimes policies, and requires the Department of Justice and local law enforcement agencies to post that information on their internet websites. This bill would require the Attorney General to review the submitted materials from those that law enforcement agencies submit and would require the Department of Justice to instruct agencies that did not submit materials or submitted noncompliant materials to submit compliant materials. The bill would require law enforcement agencies to submit the specified materials by a specified date. The bill would also require the Department of Justice to post the names of agencies that submitted compliant materials on its internet website. By imposing these requirements on law enforcement agencies, this bill would impose a state-mandated local program. Existing law requires the Commission on Peace Officer Standards and Training to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. This bill would require the commission to consult with specified subject matter experts if the commission updates the guidelines, and would state that the guidelines and course of instruction are not regulations for purposes of the Administrative Procedures Act. 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, 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 the statutory provisions noted above.