2007 California Penal Code Chapter 3. General Provisions
CA Codes (pen:422.88-422.93)
422.88. (a) The court in which a criminal proceeding stemming from
a hate crime or alleged hate crime is filed shall take all actions
reasonably required, including granting restraining orders, to
safeguard the health, safety, or privacy of the alleged victim, or of
a person who is a victim of, or at risk of becoming a victim of, a
(b) Restraining orders issued pursuant to subdivision (a) may
include provisions prohibiting or restricting the photographing of a
person who is a victim of, or at risk of becoming a victim of, a hate
crime when reasonably required to safeguard the health, safety, or
privacy of that person.
422.89. It is the intent of the Legislature to encourage counties,
cities, law enforcement agencies, and school districts to establish
education and training programs to prevent violations of civil rights
and hate crimes and to assist victims.
422.9. All state and local agencies shall use the definition of
"hate crime" set forth in subdivision (a) of Section 422.55
exclusively, except as other explicit provisions of state or federal
law may require otherwise.
422.91. The Department of Corrections and the California Youth
Authority, subject to available funding, shall do each of the
(a) Cooperate fully and participate actively with federal, state,
and local law enforcement agencies and community hate crime
prevention and response networks and other anti-hate groups
concerning hate crimes and gangs.
(b) Strive to provide inmates with safe environments in which they
are not pressured to join gangs or hate groups and do not feel a
need to join them in self-defense.
422.92. (a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide
existing brochures, making revisions as needed, to local law
enforcement agencies upon request for reproduction and distribution
to victims of hate crimes and other interested parties. In carrying
out these responsibilities, the department shall consult the Fair
Employment and Housing Commission, the Department of Justice, and the
Victim Compensation and Government Claims Board.
422.93. (a) It is the public policy of this state to protect the
public from crime and violence by encouraging all persons who are
victims of or witnesses to crimes, or who otherwise can give evidence
in a criminal investigation, to cooperate with the criminal justice
system and not to penalize these persons for being victims or for
cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a hate
crime, or who otherwise can give evidence in a hate crime
investigation, is not charged with or convicted of committing any
crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or
report or turn the individual over to federal immigration
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