Policy Text
27/01 (REV 04/19) 1Bias Crimes
The purpose of this General Order i s to set forth the requireme nts and guidelines for the
recognition, investigation, and reporting of incidents and crim es that may be motivated
by hatred or other bias.
I. Definitions
A. Hate Crime – Penal Code Section § 422.55 defines a hat e crime as a
criminal act committed, in whol e or in part, because of one or more of the
following actual or perceived c haracteristics of the victim:
1. Disability: Includes mental disability and physical disability as
defined in Section 12926 of the Government Code regardless of
whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced
age, or illness. This definition is declaratory of existing law.
2. Gender: Means sex, and includes a person’s gender identity
and gender expression. “Gender expression” means a person’s
gender-related appearance and behavior whether or not
stereotypically associated with the person’s assigned sex at
birth.
3. Nationality: Includes citizenship, count ry of origin, and national
origin.
4. Race or ethnicity: Includes ancestry, color, and ethnic
background.
5. Religion: Includes all aspects of re ligious belief, observance,
and practice and includes agnosticism and atheism.
6. Sexual orientation: Means heterosexuality, homosexuality, or
bisexuality.
7. 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, meeting hall, place of worship, private institution, public agen cy, library, or other entity, group,
or person that has, or is i dentified with people who have, one or
more of those characteristics listed in the definition of “hate
crime” under paragraphs (1) to (6), inclusive, of subdivision (a)
of Section 422.55.
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8. In whole or in part because of: Means that the bias
motivation must be a cause in fact of the offense, whether or
not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing
about the particular result. There is no requirement that the bias
be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in but is declaratory of,
existing law under In re M.S. (1995) 10 Cal.4th 698 and People
v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
9. Victim: Includes, but is not limited to, a community center,
educational facility, entity, family, group, individual, office,
meeting hall, person, place of wors hip, private institution, public
agency, library, or other victim or intended victim of the offense
(Penal Code § 422.56).
10. Examples of hate crimes include, but are not limited to:
a. Interfering with, oppressing or threatening any other person in
the free exercise or enjoyment of any right or privilege secured
by the constitution or laws because of one or more of the actual or perceived characteristics of the victim (Penal Code § 422.60.
b. Defacing a person’s property bec ause of one or more of the actu al
or perceived characteristi cs of the victim (Penal Code § 422.6(b)).
c. Terrorizing a person with a swast ika or burning cross (Penal Co de
§11411).
d. Vandalizing a place of w orship (Penal Code § 594.3)
e. The federal Matthew Shepard and J ames Byrd, Jr. Hate Crimes
Prevention Act expands federal hate crimes to include crimes
motivated by a victim’s actual or perceived sex, sexual orienta tion,
gender identity or disability (18 USC § 249)
B. Bias Incident – A bias incident is any non-cr iminal act including words
directed against a person based on the actual or perceived race , religion,
color, ethnicity, national origi n, gender, disability, or sexua l orientation.
Bias incidents include, but are not limited to, epithets, distr ibution of hate
material in public places, posti ng of hate material that does n ot result in
property damage and the display o f offensive material on one’s own
property.
C. Bias Motivation – Bias motivation is a preexisting negative attitude
toward actual or perceived charac teristics referenced in Sectio n 422.55.
Depending on the circumstances o f each case, bias motivation ma y
include, but is not limited to, hatred, animosity, resentment, revulsion,
contempt, unreasonable fear, par anoia, callousness, thrill-seek ing, desire
for social dominance, desire fo r social bonding with those of o ne’s “own
kind,” or a perception of the vu lnerability of the victim due t o the victim
27/01 (REV 04/19) 3being perceived as being weak, wor thless, or fair game because of a
protected characteristic, incl uding, but not limited to, disabi lity or gender.
D. Disability Incident