Policy Text
Roll Call Training Bulletin
Produced by: Lt. Greg Galliano, PSU Daniel Hahn, Chief of Police
Prepared by: Sgt. Clayton Buchanan, PSU Volume 95
Bias Motivated or Hate Crime Incidents -Update
4-1-2021
BACKGROUND
In conjunction with RCTB #80 (Bias Motivated or Hate Crime Incidents ), this bulletin is designed to ensure that
officers have the necessary information and tools to continue to respond appropriately and swiftly to hate crime
activity. Hate crimes are serious crimes that affect the community and may result in imprisonment or jail time
for offenders.
This bulletin provides ad ditional information about the multiple California criminal laws that prohibit hate crimes
and/or provide enhanced penalties for specified hate -related acts. The following are brief summaries of Penal
Code sections that may be applicable charges for hate c rimes. These summaries may not include all of the
element s of a particular crime . Officers are reminded to always refer to the applicable Code before making a
charging decision.
302 – Provides it is a misdemeanor to intentionally disturb , with profane discourse, rude or indecent behavior,
or by unnecessary noise , a group of people who have met to worship.
594.3 (b) – Provides that it is a felony to knowingly vandalize a place of worship when is has been committed
for the purpose of intimidating and deterring persons from freely exercising their religious beliefs .
1141 1 (a) provides that it is a misdemeanor to hang a noose, knowing it to be a symbol representing a threat to
life, on the private property of another and on public property, without authorization, for the purpose of
terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing them.
(b) provides that it is a misdemeanor to cause a person to fear for their safety by displaying racist signs
on the private property of another, without authorization, for the purpose of terrorizing the owner or occupant of
that private property or in reckless disregard of the risk of terrorizing them.
(c) – Provides that it is a felony (wobbler) to engage in a pattern of conduct for the purpose of
terrorizing the owner or occupant of private property or in reckless disregard of terrorizing the owner or
occupa nt of that private property by placing a racist symbol on that property on two or more occasions.
(d) – Provides that any person who burns or desecrates a cross or other religious symbol, knowing it to
be a religious symbol, on the private property of a nother without authorization for the purpose of terrorizing the
owner or occupant or in reckless disregard of terrorizing them, or who burns, desecrates or destroys a cross or
other religious symbol, knowing it to be a religious symbol, on the property of a primary school, junior high
school or high school, for the purpose of terrorizing any person who attends, works at or is otherwise
associated with the school shall be guilty of felony (wobbler) .
11412 – Provides that it is a felony to attempt to discour age religious activities by threats of violence.
11413 (a), (b)(2), (b)(9) – Provides that it is a felony to use a bomb against or to set on fire a place of worship
or any private property if the property was targeted because of the protected characteristic(s) of the owner or
occupant of the property and the purpose was to terrorize another or was in reckless disregard of terrorizing
another.
Roll Call Training Bulletin
Produced by: Lt. Greg Galliano, PSU Daniel Hahn, Chief of Police
Prepared by: Sgt. Clayton Buchanan, PSU Volume 95
Officers sh all use the attached “Hate Crime Checklist” to assist in the investigation of a hate crime and shall
provide the Hate Crime Brochure to victims of these crimes .
The California Department of Justice has a Hate Crime Rapid Response team that is on -call and can be
requested to respond to a “triggering event” . The Attorney General and/or the Chief Deputy to the Attorney
General have the sole authority to declare that a triggering event has occurred. The declaration of a triggering
event by the Department of Justice directs law enforcement and forensic agencies t o give the event the highest
priority to any request for assistance such as forensic processing or investigative assistance.
The Department of Justice defines a “triggering event” as a hate crime involving any or all of the following:
a) serious bodily injury or death, or appear calculated to cause such;
b) acts of arson or attempted arson;
c) use of explosives; and/or
d) a mass casualty incident, or any action appeared calculated to trigger a mass casualty incident.
A request for a possible designation by the Department of Justice of a “triggering event ” should be routed
through an officer’s chain of command .
Sacramento Safe Place Program
The Sacramento Police Department is partnering with local businesses and social organizations to actively
collaborate in building trust and developing positive relationships within the community – in addition to
decreasing unreported crimes.
Participating business will be given a Safe Place decal to be placed at the point of e ntry to their business. The
SacPD Safe Place decal will notify victims of crimes that their differences will be respected and protected
within the premise, and that employees are trained to call the police and allow the victim a place of refuge.
A premise history will be placed on any participating business or organization to notify dispatch and responding
officers. If the call was related to a bias motivated incident or the complainant was seeking refuge, the officer