Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2021 -06
ISSUED: April 9, 2021
In accordance with the Garden Grove Police Department this training bulletin is to provide
information regarding the documentation of Hate Crimes and Hate Incidents.
Per General Order 5.15, Crimes of a community -sensitive nature (hate crimes) require
the notification AND presence of a supervisor .
Bias Motivation
Bias motivation is a pre -existing negative attitude toward actual or perceived characteristics
referenced in Penal Code § 422.55. Depending on the circumstances of each case, bias motivation
may include but is not limited to hatred, animosity, resentment, revulsion, contempt,
unreasonable fear, paranoia, callousness, thrill -seeking, desire for social dominance, desire for
social bonding with those of one’s “own kind,” or a perception of the vulnerability of the victim
due to the victim being perceived as being weak, worthless, or fair game because of a protected
characteristic, including but not limited to disability or gender.
Hate Crime
“Hate crime” includes but is not limited to a violation of Penal Code § 422.6, and means a criminal
act committed, in whole or in part, because of one or more of the following actual or perceived
characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived
characteristics:
1. “Association with a person or group with these actual or perceived
characteristics" includes advocacy for, identification with, or being on the ground
owned or rented by, or adjacent to, any of the following: a community center,
educational facility, family, individual, office, meeti ng hall, place of worship,
private institution, public agency, library, or other entity, group, or person that TRAINING BULLETIN
has, or is identified with people who have, one or more of those characteristics
listed in the definition of “hate crime” under paragraphs 1 to 6, inclusive, of Penal
Code § 422.55(a).
Note: A “hate crime” need not be motivated by hate but may be motivated by any bias against
a protected characteristic.
Hate Incident
A hate incident is an action or behavior motivated by hate or bias but legally protected by the
First Amendment right to freedom of expression. Examples of hate incidents include:
• Name -calling
• Insults and epithets
• Distributing hate material in public places
• Displaying hate material on your own property
Hate Speech
The First Amendment to the U.S. Constitution protects most speech, even when it is
disagreeable, offensive, or hurtful. The following types of speech are generally not protected:
• Fighting words
• True threats
• Perjury
• Blackmail
• Incitement to lawless action
• Conspiracy
• Solicitation to commit any crime
Documentation of Hate Crimes and Hate Incidents
When documenting the incident, officers must first select the location type where the crime or
incident occurred. After the location type is selected, click the plus sign next to the
CIRCUMSTANCES field and select either “Hate Crime” or “Hate Incident”.
After choosing either “Hate Crime” or “Hate Incident”, an additional CIRCUMSTANCES code must
be added. Click the plus sign next to the Circumstances field and select the appropriate BIAS
section to the report.
Statutes and Legal Requirements
Items listed in this section include sections from the California Penal Code (CPC), Welfare and
Institutions Code (WI) and Government Code (GC).
Definitions
CPC 422.55 - Provides general definition of hate crimes in California.
CPC 422.56 - Provides defini tions of terms included in hate crimes statutes.
GC 12926 - Disability -related definitions applicable to some hate crime statutes.
Felonies
Hate Crimes
CPC 422.7 - Commission of a crime for the purpose of interfering with another’s exercise
of civil rights.
Related Crimes
CPC 190.2(a)(16) - Homicide penalties related to certain hate crime related acts.
CPC 190.03(a) - Homicide penalties related to certain hate crime related acts.
CPC 288(b)(2) - Sexual assault of dependent person by caretaker
CPC 368(b) - Dependent adult abuse generally - may apply as disability -related hate crime.
CPC 594.3 - Vandalism of places of worship.
CPC 11412 - Causing or attempting to cause other to refrain from exercising religion by
threat.
CPC 11413 - Arson or destructive devic e at place of worship.
Misdemeanors
Hate Crimes
CPC 422.6 - Use of force, threats, or destruction of property to interfere with another’s
exercise of civil rights.
CPC 422.77 - Violation of civil order (Bane Act) protecting the exercise of civil rights
Related Crimes
CPC 302 - Disorderly conduct during an assemblage of people gathered for religious
worship at a