BILL ANALYSIS
AB 187
Page 1
Date of Hearing: April 22, 2003
Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 187 (Runner) - As Amended: April 3, 2003
SUMMARY : Adds service in the armed forces to the category of
characteristics of persons afforded enhanced protection under
specified "hate crimes" statutes, and to the definition of "hate
crimes" for the purpose of training peace officers in how to
respond to these crimes.
EXISTING LAW :
1)Provides that it is unlawful to use force or threat of force
to willfully injure, intimidate, interfere with, oppress, or
threaten any person in the free exercise or enjoyment of a
right or privilege because of that person's race, religion,
ancestry, national origin, disability, gender, or sexual
orientation, or because a person perceives that the other
person has one or more of those characteristics. A violation
of this section is punishable by up to one year in the county
jail, and/or a fine of $5,000. (Penal Code Section 422.6.)
2)Provides that any misdemeanor crime is punishable as a felony
if the crime was committed against the person or property of
another person for the purpose of intimidating or interfering
with that other person's free exercise or enjoyment of any
right secured by the Constitution; because of the other
person's race, color, religion, ancestry, national origin,
disability, gender, sexual orientation; or because the
defendant perceives that the other person has one or more of
those characteristics if, under any of the following
circumstances, the crime has the present ability to inflict an
injury or actual physical injury is inflicted; the crime
against property causes damage in excess of $500; or the
person has previously been convicted of the crime of
interfering with the civil rights of another. (Penal Code
Section 422.7.)
3)Provides that a person who commits a felony or attempts to
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commit a felony because of a victim's race, color, religion,
nationality, country of origin, ancestry, disability, gender,
sexual orientation, or because a person perceives that the
victim has one or more of those characteristics, shall receive
an additional term of one, two, or three years in the state
prison at the court's discretion. [Penal Code Section
422.75(a).]
4)Provides that a person who commits a felony or attempts to
commit a felony against the property of a public or private
institution, including a school, place of worship, or offices
of an advocacy group, because the property is identified or
associated with a person or group of an identifiable race,
color, religion, nationality, country of origin, ancestry,
gender, disability, or sexual orientation shall receive an
additional term of one, two, or three years in the state
prison at the court's discretion. [Penal Code Section
422.75(b).]
5)Provides that a person punished pursuant to Penal Code Section
422.75 shall also receive an additional one year in the state
prison for each prior felony conviction of a crime committed
because of the victim's race, color, religion, nationality,
country of origin, ancestry, disability, or sexual
orientation, or because the defendant perceived that the
victim had one or more of these characteristics. [Penal Code
Section 422.75(e).]
6)Provides that the Legislature finds and declares that it is
the right of every person, regardless of race, color, creed,
religion, national origin, sex, age, sexual orientation, or
handicap to be secure and protected from fear, intimidation,
physical harm caused by the activities of violent groups and
individuals. (Penal Code Section 186.21.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, " Vietnam was a
difficult time for the United States, but it was even more
difficult for the soldiers who were sent to fight in it.
After living through the agony of war, they returned home and
were greeted with anger and hostility. While being a United
States citizen guarantees us the right to protest and disagree
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with the soldiers' mission, some people took their discontent
beyond free speech and lashed out with violence.
"Overcome by their hatred, people threw rocks at the returning
soldiers. Some spit at them. Others physically attacked them
and tormented them. No one should have to endure that kind of
hate-related violence for simply agreeing to serve their
country.
"Once again, our military personnel have been called to action,
and our nation has begun to dialogue over the merits of
combat. While this dialogue is acceptable and is the hallmark
of the freedom we enjoy, we should not stand for the kind of
hate-violence that happened after Vietnam. Vermont has
already seen a hate crime committed against one of its
military personnel - a uniformed female was pelted with rocks
and verbally denigrated as a 'murderer' and a 'baby killer'
because she was a member of the armed forces. Fortunately,
under Vermont law, assaulting or abusing a soldier because of
membership in the military is a hate crime.
"It is time for California to send the same message that it is
unacceptable to engage in hateful retaliation against the men
and women who risk their lives for freedom. This bill conveys
that message, and is a commonsense way for the Legislature to
signal its support for the Californians who are serving
overseas.
2)Civil Rights Statutes : Under existing law, it is a
misdemeanor to willfully interfere with a person in the
exercise of any right or privilege secured under the
Constitution or laws of this state, or the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation.
(Penal Code Section 422.6.) This bill expands the beliefs and
characteristics which afford a victim additional civil rights
protection, under the above section and other related
sections, to include service in the armed forces.
To add service in the armed forces to the list of specified
beliefs and characteristics that define a person is a
significant departure from the existing law. Service in the
armed forces is a voluntary occupation, and is far different
than being African American, Chinese American, Jewish,
Armenian, or gay or lesbian. Under the rationale of this
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bill, peace officers, firefighters, and any other group
deserving of respect could be added to a category of persons
who have traditionally been discriminated against and have
been looked upon with disfavor in society. California's "hate
crime" statutes punish discriminatory violence, which is not
of the same nature as the disrespect and violence shown to
soldiers returning from Vietnam. In the case of In Re M. S.
(1995) 10 Cal. 4th 698, 711 the Court of Appeal noted that
California's expressed desire in enacting hate crimes statutes
was to afford greater protection to disfavored minority
groups. Are service men and women, in uniform alone,
disfavored minorities in need of additional protection from
discriminatory violence? Should service in the armed forces
be added to the existing lists of beliefs and characteristics
of victims that require additional protections under the law?
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of County Veterans Service Officers, Inc.
California State Commanders Veterans Council
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744