Discriminatory emergency calls.

Existing law prohibits a governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. This bill would authorize a person to bring a civil action against any responsible party, who, motivated by the person's protected status, knowingly causes a peace officer to arrive at a location to contact the person with the intent to, among other things, infringe upon the person's rights or cause the person to feel harassed, humiliated, or embarrassed. The bill would specify that a prevailing plaintiff who suffers harm as a result of a violation of these provisions may recover damages from the responsible party, including, but not limited to, damages for infliction of emotional distress and for damages caused by the peace officers responding to the call, and punitive damages, or, in lieu of actual damages, an award of statutory damages between $250 and $10,000, and reasonable attorney's fees and costs. Existing law defines "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 makes a hate crime punishable as either a misdemeanor or a felony if the crime was committed against the person or property of another for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of their rights and if the crime meets specified criteria, including, among other things, that the crime against the person of another included the present ability to commit violent injury or caused actual physical injury. Existing law makes a felony that is a hate crime punishable by an additional term of one, 2, or 3 years in prison. Existing law makes it a misdemeanor to, knowing the report is false, falsely report to specified governmental entities that an emergency exists. Existing law makes this crime punishable as a felony if the person knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report. This bill would make a person who is falsely reported pursuant to those provisions considered a victim of the crime for the purposes of determining if the crime is a hate crime. The bill would additionally make a false report that is a hate crime punishable as a misdemeanor or a felony if it is committed for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of their rights. By expanding the scope of a crime, this bill would create a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.