California 2017-2018 Regular Session Status: In Committee 1 R cosponsors

AB 2 — Hate crimes: peace officers.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits committing a battery upon another person. Violation of this prohibition is punishable as a misdemeanor or felony, depending on the extent of injury. Under existing law, there is a penalty enhancement for a battery committed against a peace officer who is engaged in the performance of his or her duties. 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would make any criminal act, except the crime of resisting, delaying, or obstructing an officer, committed in whole or in part because of the victim's status as a peace officer, as defined, a hate crime. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this bill imposes 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Failed passage. Reconsideration granted.

  4. Re-referred to Com. on PUB. S.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  6. In committee: Set, first hearing. Hearing canceled at the request of author.

  7. In committee: Hearing postponed by committee.

  8. Referred to Com. on PUB. S.

  9. From printer. May be heard in committee January 5.

  10. Read first time. To print.

Sponsors

  • Salas · Cosponsor
  • Cooper · Cosponsor
  • Tom Lackey · Cosponsor
  • Obernolte · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Obernolte

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2 do?
Existing law prohibits committing a battery upon another person. Violation of this prohibition is punishable as a misdemeanor or felony, depending on the extent of injury. Under existing law, there is a penalty enhancement for a battery committed against a peace officer who is engaged in the performance of his or her duties. 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. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would make any criminal act, except the crime of resisting, delaying, or obstructing an officer, committed in whole or in part because of the victim's status as a peace officer, as defined, a hate crime. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, this bill imposes 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 2?
AB 2 is sponsored by Salas, Cooper, Lackey, Tom (Republican), and Obernolte.
What is the current status of AB 2?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2?
Track AB 2 free on One Click Politics — get push/email alerts when it moves.

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