Policy Text
an ~ranbs~o police Department 6.13
-. GENERAL ORDER Rev. 0-96
PREJUDICE-BASED INCIDENTS
This order specifies what action the Department will take to comply with the Ralph
Civil Rights and Bane Acts, which establish penalties for prejudice-based conduct.
The order outlines investigating and qorting procedures along with the duties of
the patrol supervisor and the lieutenant.
A. It is the policy of the San Francisco Police Department to ensure thatxights
guaranteed by the constitutions and laws of the United States and the State of
Califonnia are protected for aII citizens regardless of their race? ~01~~ religion,
ancestryg national origin, politid -tion, sex, sexual orientationg ap,
disabilityg or position in a labar dispute. These eleven groups listed are only
examples of the classes of victims protected.
B. The Department wiU take a proactive role to protect all citizens against
prejudice-based conduct by promoting peace and harmony among the diverse
L . pups living and working within the City and County of San Francisco. -
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C The Department will investigate all reported prejudice-based incidents and
support vigorous prosecution of those apprehended for such acts.
D. Studies have shown that hate .crime victims are more severely traumatized
than victims of opporhmMc crimes. Therehreg officers shall be courteous
and sensitive to the needs of hate crime victims and refer them to the Hate
Crimes Unit where they can receive referral to communiity organizations.
DGO 6.13
Rev. 06/12/%
11. GUIDELINES
A. By enacting the Ralph and Bane Civil Rights, which added Sections 51.7 and
52.01 to the Civil Code and Section 4226, et seq. to the Penal Code, the
legislature sought to discourage criminal and nonamunal . . incidents.
motivated by hatred or prejudice by creating civil and criminal penalties for
such conduct. Refer to Penal Code Sections 422.6 (a) and @).
B. IDEIWWYING PREJUDICE-BASED INCIDENTS
Prejudidased incidents include violent or threatening acts direcbed at the
person or property of any listed or similar individual'or group. They include,
but are not limited to, acts such as threatening phone Falls, physical assaults,
destruction of property, bomb threats and the disturbance of religious
meetings. Also included are ncmdminal acts such as na. calling dune
with the apparent motive to harass, intimidate, threaten,.retaIiate or &ate
conflict between groups having different personal characteristics such as race,
religion, ethnicity or sexual orientation.
1. MOTlVATION. The motivation behind the act determines whether an
incident is prejudicebased. When determining motivation, an officer
must ask:
a. Why does the victim believe he/she was vim?
b. Were words ar symbols (e.g., burning cross, swastika) used or acts
performed which are or may be considered io be offensive to the victim
or a particular group?
c Is there a history of similar acts or ctimes directed against the same
individual or group, or against the pemon(s) with whom the victim is
associated?
d Does a meaningful portion of the community perceive the incident as
prejudice-based?
e. If all the parties involved were of the same race, ethnicity, etc, would
the incident still have occurred?
f. Has an inmian been issued in related cases?
DGO 6.13
Rev. 06/12/96
In. PROCEDURES
A. INVESTIGATING AND REPORTING/DUTIES OF REPORTING OFFICER
1. NmCATION. If an incident appears to be ~rejudice-based~ protect the
crime scene and notify your supervisor and the Hate Crimes Unit of the
Special Investigations Division? or the Operations Center after 1700 hrs.
and on weekends.
2 INCIDENT REPORT. After amdoonducting a prehhary investigation:
a.. Indicate in your report that the incident is prejudice-based by checking
the appropriate box and write "Prejudice-Based" in the title of the
report? e.g, Battery/Prejudice-Based. Assign the case to 55200. Code it
15300 plus any ather applicable code numbers.
b. Include facts that support your conclusion in the narrative and include
verbatim any statements made prior to or during the incident.
c Indicate the relevant characterbtics~ such as the race, ethniaty? sex,
-religion or sexual orientation of the victim and the suspect (if known).
3. RESOURCES AND REZERRALS Prejudice-based incidents are traumatic not
only to the victim and his/her family? but to the entire community.
ThereforeI you should provide reassurance and information on resources
not only to the victim, but io others affected.
B. MJSDEMEANOR ARRGSIS. Make an arrest whenever you have reasonable
cause to believe a misdemeanor has occurred in your presence. When a
misdemeanor has occurredI but not in your tell the victim
(preferably in private) that she/he may make a private perscm8s arrest (see
DGO 5.04, Arrests by Private Persons). After ~lnaldng the arrest? tell the victim
to call &Hate Crimes Unit the next bushes day.
C COURT PROTECTWE ORDERS. Court protective orders are issued by a civil
or criminal court and may prohilit an individual from contacting, harassing
or molesting the applicant. Read all court orders carefully to determine their
specific terms. All types of orders are valid throughout CaWom