Hate crimes: law enforcement policies.

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. This bill would require any hate crime policy adopted or revised by a state or local law enforcement agency to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would require POST, if it updates the framework or other formal policy on hate crimes, to incorporate this information in its framework or other formal policy. The bill would require any state or local law enforcement agency that adopts or revises a hate crime policy to consult specified groups. The bill would require a state or local law enforcement agency with an existing hate crime policy to review the agency's policy and revise it with a new policy effective on or before January 1, 2020. The bill would prohibit a state or local law enforcement agency with an existing hate crime policy from repealing that policy. By requiring local law enforcement agencies with existing policies to revise and keep their policies, this bill would create a state-mandated local program. The bill would require any state or local agency adopting or revising a hate crime policy to provide a copy to the Department of Justice, and would, if the department is provided with adequate funding, require the department to review each policy, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.