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SANTA MONICA POLICE DEPARTMENT Hate Crime Report Training Outline (20 20) COURSE TITLE: Hate Crime Report Training LENGTH: 1-hour LOCATION: Santa Monica Police Department – Roll Call INSTRUCTOR(S): Officer Kristina Cochran PURPOSE: This training will update Department personnel on Assembly Bill 1985 and the appropriate reporting procedures for Hate Crimes. OBJECTIVES: Officer(s) will understand the legal definition of a Hate Crime and become familiarized with the new Ha te Crimes Checklist and DOJ forms. I.INRODUCTION A.AB 1985 Overview 1.Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for instruction and training of law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy on hate crimes created by POST. 2.This bill would clarify that a disability is protected under the law regardless of whether it is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. The bill would also require any local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would allow a local law enforcement agency that updates an existing hate crime policy or adopts a new hate crime policy to include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police. B.DEFINTIONS a.Penal Code Section 422.55 For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply: (a)“Hate crime” 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: 1. Disability. 2. Gender. 3. Nationa lity. 4. Race or ethnicity. 5. Religion. 6. Sexual orientation. 7. Association with a person or group with one or more of these actual or perceived characteristics. (b) “Hate crime” includes, but is not limited to, a violation of Section 422.6. b. Penal Code Section 422.56 (a) “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 agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the defini tion of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55. (b) “Disability” includes mental disability and physical disability as defined in Section 12926 of the Government Code regardless of whether those disabiliti es are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law. (c) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender exp ression” means a person’s gender -related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (d) “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 ha ve 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. (e) “Nationality” includes citizenship, country of origin, and national origin. (f) “Race or ethnicity” includes ancestry, color, and ethnic background. (g) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. (i) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense. c. Penal Code Section 422.6 a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the