Chapter 3 - General Provisions

California Penal Code — §§ 422.88-422.94

Sections (7)

Added by Stats. 2004, Ch. 700, Sec. 15. Effective January 1, 2005.

(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)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.

§ 422.89

Added by Stats. 2004, Ch. 700, Sec. 16. Effective January 1, 2005.

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.

§ 422.9

Repealed and added by Stats. 2004, Ch. 700, Sec. 18. Effective January 1, 2005.

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.

§ 422.91

Added by Stats. 2004, Ch. 700, Sec. 19. Effective January 1, 2005.

The Department of Corrections and the California Youth Authority, subject to available funding, shall do each of the following:

(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)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.

§ 422.92

Amended by Stats. 2022, Ch. 48, Sec. 71. (SB 189) Effective June 30, 2022.

(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)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.

§ 422.93

Added by Stats. 2004, Ch. 700, Sec. 20. Effective January 1, 2005.

(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)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.

§ 422.94

Added by Stats. 2022, Ch. 853, Sec. 1. (AB 557) Effective January 1, 2023. Repealed as of July 1, 2029, by its own provisions.

(a)The Hate Crime Vertical Prosecution Pilot Grant Program (HCVP) is hereby created to be administered by the Department of Justice.

(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)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)The department shall do all of the following to administer the grant program:

(1)Specify the form of the application and information required to be submitted by each applicant.

(2)Specify the criteria the department shall consider in selecting grant awardees.

(3)Select the number of awards to be granted.

(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)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)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)The department shall make evaluations of the grant program available to the public.

(i)As used in this section, the following terms have the following meanings:

(1)“Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes within a local jurisdiction.

(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)This section shall remain in effect only until July 1, 2029, and as of that date is repealed.