2007 California Penal Code Chapter 2. Crimes And Penalties

CA Codes (pen:422.6-422.865)

422.6.  (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States in whole or in part because of one or more
of the actual or perceived characteristics of the victim listed in
subdivision (a) of Section 422.55.
   (b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, in whole or in part
because of one or more of the actual or perceived characteristics of
the victim listed in subdivision (a) of Section 422.55.
   (c) Any person convicted of violating subdivision (a) or (b) shall
be punished by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed five thousand dollars (,000), or by
both the above imprisonment and fine, and the court shall order the
defendant to perform a minimum of community service, not to exceed
400 hours, to be performed over a period not to exceed 350 days,
during a time other than his or her hours of employment or school
attendance.  However, no person may be convicted of violating
subdivision (a) based upon speech alone, except upon a showing that
the speech itself threatened violence against a specific person or
group of persons and that the defendant had the apparent ability to
carry out the threat.
   (d) Conduct that violates this and any other provision of law,
including, but not limited to, an offense described in Article 4.5
(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,
may be charged under all applicable provisions.  However, an act or
omission punishable in different ways by this section and other
provisions of law shall not be punished under more than one
provision, and the penalty to be imposed shall be determined as set
forth in Section 654.



422.7.  Except in the case of a person punished under Section 422.6,
any hate crime that is not made punishable by imprisonment in the
state prison shall be punishable by imprisonment in the state prison
or in a county jail not to exceed one year, by a fine not to exceed
ten thousand dollars (,000), or by both that imprisonment and
fine, if the crime is 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 any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States under any of the following
circumstances, which shall be charged in the accusatory pleading:
   (a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
   (b) The crime against property causes damage in excess of four
hundred dollars (0).
   (c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.



422.75.  (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or attempts
to commit a felony that is a hate crime, shall receive an additional
term of one, two, or three years in the state prison, at the court's
discretion.
   (b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
   (c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
  Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
   (d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime.  This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
   (e) Any additional term authorized by this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
   (f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
   (g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.




422.76.  Except where the court imposes additional punishment under
Section 422.75 or in a case in which the person has been convicted of
an offense subject to Section 1170.8, the fact that a person
committed a felony or attempted to commit a felony that is a hate
crime shall be considered a circumstance in aggravation of the crime
in imposing a term under subdivision (b) of Section 1170.



422.77.  (a) Any willful and knowing violation of any order issued
pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code
shall be a misdemeanor punishable by a fine of not more than one
thousand dollars (,000), or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.
   (b) A person who has previously been convicted one or more times
of violating an order issued pursuant to subdivision (a) or (b) of
Section 52.1 of the Civil Code upon charges separately brought and
tried shall be imprisoned in the county jail for not more than one
year.  Subject to the discretion of the court, the prosecution shall
have the opportunity to present witnesses and relevant evidence at
the time of the sentencing of a defendant pursuant to this
subdivision.
   (c) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
Section 52.1 of the Civil Code.
   (d) The court may order a defendant who is convicted of a hate
crime to perform a minimum of community service, not to exceed 400
hours, to be performed over a period not to exceed 350 days, during a
time other than his or her hours of employment or school attendance.



422.78.  The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders issued pursuant
to this title or Section 52.1 of the Civil Code.



422.8.  Except as otherwise required by law, nothing in this title
shall be construed to prevent or limit the prosecution of any person
pursuant to any provision of law.



422.85.  (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or sexual
orientation, including, but not limited to offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, the court, absent compelling circumstances stated on the
record, shall make an order protecting the victim, or known immediate
family or domestic partner of the victim, from further acts of
violence, threats, stalking, or harassment by the defendant,
including any stay-away conditions the court deems appropriate, and
shall make obedience of that order a condition of the defendant's
probation.  In these cases the court may also order that the
defendant be required to do one or more of the following as a
condition of probation:
   (1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
   (2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
   (3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
   (b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.


422.86.  (a) It is the public policy of this state that the
principal goals of sentencing for hate crimes, are the following:
   (1) Punishment for the hate crimes committed.
   (2) Crime and violence prevention, including prevention of
recidivism and prevention of crimes and violence in prisons and
jails.
   (3) Restorative justice for the immediate victims of the hate
crimes and for the classes of persons terrorized by the hate crimes.

   (b) The Judicial Council shall develop a rule of court guiding
hate crime sentencing to implement the policy in subdivision (a). In
developing the rule of court, the council shall consult experts
including organizations representing hate crime victims.



422.865.  (a) In the case of any person who is committed to a state
hospital or other treatment facility under the provisions of Section
1026 for any offense against the person or property of another
individual, private institution, or public agency because of the
victim's actual or perceived race, color, ethnicity, religion,
nationality, country of origin, ancestry, disability, gender, or
sexual orientation, including, but not limited to, offenses defined
in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court or community program director may order that the defendant be
required as a condition of outpatient status or conditional release
to complete a class or program on racial or ethnic sensitivity, or
other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
   (b) In the case of any person who is committed to a state hospital
or other treatment facility under the provisions of Section 1026 for
any offense against the person or property of another individual,
private institution, or public agency committed because of the victim'
s actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or sexual
orientation, including, but not limited to, offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court, absent compelling circumstances stated on the record, shall
make an order protecting the victim, or known immediate family or
domestic partner of the victim, from further acts of violence,
threats, stalking, or harassment by the defendant, including any
stay-away conditions as the court deems appropriate, and shall make
obedience of that order a condition of the defendant's outpatient
status or conditional release.
   (c) It is the intent of the Legislature to encourage state
agencies and treatment facilities to establish education and training
programs to prevent violations of civil rights and hate crimes.