All state and local agencies shall use the definition of “hate crime” set forth in subdivision (a) of Section 422.55 exclusively, except as other explicit provisions of state or federal law may require otherwise.
Civil RightsGeneral Provisions
Section § 422.9
This law requires all state and local agencies to use the specific definition of a 'hate crime' found in another part of the law, unless other state or federal laws explicitly require a different definition.
hate crime definition state agencies local agencies
Section § 422.88
This law states that if there's a criminal case involving a hate crime, the court must take necessary measures to protect the alleged victim. This can include restraining orders to ensure the person's health, safety, or privacy. Additionally, these orders might specifically prevent anyone from taking photos of the victim if it helps protect them.
(a)CA Penal Law Code § 422.88(a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime.
(b)CA Penal Law Code § 422.88(b) Restraining orders issued pursuant to subdivision (a) may include provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person.
hate crime protection court actions safeguard victim
Section § 422.89
This law encourages local governments, like counties and cities, as well as law enforcement agencies and schools, to create education and training programs. The goal is to prevent hate crimes and civil rights violations and to help those who have been victimized.
It is the intent of the Legislature to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs to prevent violations of civil rights and hate crimes and to assist victims.
hate crime prevention civil rights violations training programs
Section § 422.91
The Department of Corrections and the California Youth Authority are required to work with law enforcement and community organizations to prevent hate crimes and gang activity, as long as there is funding available.
They must aim to offer inmates a safe environment where they aren't pressured or feel compelled to join gangs or hate groups for protection.
The Department of Corrections and the California Youth Authority, subject to available funding, shall do each of the following:
(a)CA Penal Law Code § 422.91(a) Cooperate fully and participate actively with federal, state, and local law enforcement agencies and community hate crime prevention and response networks and other anti-hate groups concerning hate crimes and gangs.
(b)CA Penal Law Code § 422.91(b) Strive to provide inmates with safe environments in which they are not pressured to join gangs or hate groups and do not feel a need to join them in self-defense.
hate crimes prevention gang prevention inmate safety
Section § 422.92
This law requires all state and local law enforcement agencies in California to provide brochures about hate crimes to victims and the general public. The Civil Rights Department is responsible for supplying these brochures, updating them as necessary, and working with other state bodies like the Civil Rights Council, Department of Justice, and the California Victim Compensation Board to distribute them effectively.
(a)CA Penal Law Code § 422.92(a) Every state and local law enforcement agency in this state shall make available a brochure on hate crimes to victims of these crimes and the public.
(b)CA Penal Law Code § 422.92(b) The Civil Rights Department shall provide existing brochures, making revisions as needed, to local law enforcement agencies upon request for reproduction and distribution to victims of hate crimes and other interested parties. In carrying out these responsibilities, the department shall consult the
Civil Rights Council, the Department of Justice, and the California Victim Compensation Board.
hate crimes brochure victim support law enforcement responsibilities
Section § 422.93
This law emphasizes California's commitment to encouraging cooperation with the criminal justice system by protecting victims and witnesses of crimes, including hate crimes, from penalties simply for coming forward. It specifically states that if a person who is a victim or witness of a hate crime has not been charged or convicted of a crime under state law, they should not be detained solely for immigration-related reasons, nor should they be handed over to immigration authorities.
(a)CA Penal Law Code § 422.93(a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.
(b)CA Penal Law Code § 422.93(b) Whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities.
victims of crime witness protection hate crime victims
Section § 422.94
The Hate Crime Vertical Prosecution Pilot Grant Program is set up to help improve the prosecution of hate crimes by giving grants to prosecutorial agencies. Starting January 2023, these grants can help create or boost specialized units that deal with hate crime cases from start to finish, ensuring fair outcomes and better support for victims.
The grants are competitive, one-time awards, and the Department of Justice will manage the program, including deciding on the application process, selection criteria, and number of grants awarded. The department can use a small portion of the funds for administrative costs, and agencies can't use these grants to replace current spending.
By July 1, 2028, recipients must report data to the department, which will then summarize and evaluate the program's success and suggest improvements for the legislature by January 1, 2029. This program is temporary, concluding on July 1, 2029.
(a)CA Penal Law Code § 422.94(a) The Hate Crime Vertical Prosecution Pilot Grant Program (HCVP) is hereby created to be administered by the Department of Justice.
(b)CA Penal Law Code § 422.94(b) Beginning January 1, 2023, and subject to an appropriation of funds by the Legislature, the department shall award grants to prosecutorial agencies for the purpose of creating, supporting, or expanding vertical prosecution units for the prosecution of hate crimes. These units shall be primarily focused on better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases.
(c)CA Penal Law Code § 422.94(c) One-time HCVP grants shall be made on a competitive basis to selected applicants in a manner and in an amount determined by the
department.
(d)CA Penal Law Code § 422.94(d) The department shall do all of the following to administer the grant program:
(1)CA Penal Law Code § 422.94(d)(1) Specify the form of the application and information required to be submitted by each applicant.
(2)CA Penal Law Code § 422.94(d)(2) Specify the criteria the department shall consider in selecting grant awardees.
(3)CA Penal Law Code § 422.94(d)(3) Select the number of awards to be granted.
(e)CA Penal Law Code § 422.94(e) The department may use no more than 5 percent of the funds appropriated for HCVP for the costs of administering the program. Grant awardees shall not use grant funds to supplant existing spending for vertical prosecutions of hate crimes.
(f)CA Penal Law Code § 422.94(f) By no later than July 1, 2028, each grant recipient shall
prepare and submit a report to the department, in a form prescribed by the department, that includes any relevant data requested by the department.
(g)CA Penal Law Code § 422.94(g) By no later than January 1, 2029, the department shall prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code summarizing the data provided by grant recipients and analyzing the effectiveness of vertical prosecution programs in better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases, and making policy recommendations to the Legislature.
(h)CA Penal Law Code § 422.94(h) The department shall make evaluations of the grant program available to the public.
(i)CA Penal Law Code § 422.94(i) As used in this section, the following terms have the following meanings:
(1)CA Penal Law Code § 422.94(i)(1) “Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes within a local jurisdiction.
(2)CA Penal Law Code § 422.94(i)(2) “Vertical prosecution” refers to having the same individual prosecutor assigned to a case from the initial criminal investigation through the sentencing of the offender.
(j)CA Penal Law Code § 422.94(j) This section shall remain in effect only until July 1, 2029, and as of that date is repealed.
Hate Crime Vertical Prosecution Pilot Grant Program Department of Justice
