Hate Crime:
Any criminal act or attempted criminal act directed against the victim, in whole or in part, because of the actual or perceived characteristics of the victim.
Pursuant to 422.55 PC and 422.56 PC, the characteristics for a hate crime and their definitions are:
A victim of a hate crime may be a person, group, or place. Penal Code section 422.56(i) states a victim includes, but is not limited to:
Penal Code section 422.55 uses the phrase “in whole or in part” in the definition for a hate crime. This phrase is defined in 422.56(d) PC where the bias motivation must be a factor in the crime, whether or not other factors also exist. There is no requirement the bias motivation be the main factor of the crime, or that the crime would not have been committed had the actual or perceived characteristic existed, but must be a substantial factor in bringing about the particular result.
A “bias motivation” is a preexisting negative attitude toward actual or perceived characteristics (disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one or more of these characteristics). A bias motivation may include, but is not limited to:
For disability-bias hate crimes, deputies should consider whether there is any indication the suspect was motivated by a bias that was inspired by a dislike of persons who arouse fear or guilt, a perception the person with disabilities is inferior and therefore a “deserving victim,” a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations. Deputies should also consider whether the suspect perceived the victim to be vulnerable, such as a suspect targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons, such as inebriated persons or persons with perceived disabilities different than those of the victim. Any of these indicators could be evidence that the suspect’s motivation includes bias against persons with the perceived particular disability and shall be reported as a hate crime.
In May 2018, the California State Auditor’s Office conducted an audit regarding law enforcement and hate crimes. It was found that victims underreport incidents of hate crimes and law enforcement did not always identify the hate crimes, especially in antidisability and antigender hate crimes. Deputies should always keep in mind when interviewing a victim whether there was an underlying bias by the suspect and if a hate crime was actually committed. The bias does not have to be the only reason for the crime, nor does it have to be the primary motive of the crime. If a deputy is unclear as to whether a hate crime has occurred, the deputy shall contact their supervisor for direction.
Hate Incident:
Any non-criminal act, including words, directed at a person(s) motivated by bias against a person, group, or place. A hate incident follows all of the same policies and laws as described in a hate crime.
Hate incidents include, but are not limited to, the following:
Gang-Related Hate Crimes:
All hate crimes and non-criminal hate incidents should be considered gang-related when the suspect or victim, acting individually or collectively, is believed to be a gang member or gang affiliate. When the suspect is unknown, a hate crime and non-criminal hate incidents should be considered gang-related when:
NOTE: A gang-related hate crime should not be confused with a gang-motivated crime. Motivation is used for investigative and prosecutorial purposes only. Gang motivated is a state of mind that can be proven in a court of law by the totality of circumstances, or by statements.
DUTIES AND RESPONSIBILITIES:
Complaint Desk:
Information regarding hate crimes or hate incidents received at the complaint desk will be entered into the Department’s computer-aided dispatch system (CAD), assigning the call to the attention of the appropriate field supervisor and dispatched immediately. “Hate crime” or “hate incident” shall be referenced in the remarks section of the call prior to dispatching.
Handling Deputy Responsibilities:
Deputies receiving possible hate-related calls shall give them higher priority than other non-emergency calls. For example, a hate-related vandalism report would take priority over a burglary report; however, a hate-related vandalism report would not take priority over crimes in progress, burglary or robbery alarms, or medical emergencies.
Deputies handling a hate crime or hate incident shall prepare an Incident Report (SH-R-49). In addition to the incident report, the Crime Analysis Supplemental Form shall be completed indicating the bias motivation. Hate crime reports shall not be deferred. Hate incident reports may be deferred with the approval of the watch sergeant.
All gang-related hate crimes or hate incidents shall be reported and documented with the statistical code 860.
In conducting the initial investigation of a hate crime or hate incident, the handling deputy shall:
Field Sergeant Responsibilities:
Provide the watch commander with the pertinent information on the hate crime or hate incident as soon as possible.
Watch Sergeant Responsibilities:
The watch sergeant shall:
Watch Commander Responsibilities:
The watch commander shall:
Station Detective Responsibilities:
The station/unit detective shall:
Unit Commander Responsibilities:
The unit commander’s involvement in the process provides command emphasis that builds community confidence and maintains the integrity of the community partnership. This is a vital component in the Department’s effort to reduce hate crimes and hate incidents, and reduces the spread of misinformation through education and enforcement. Therefore, unit commanders shall:
Station/Unit Hate Crime Coordinator Responsibilities:
The station/unit hate crime coordinator shall:
Station/Unit Clerical Staff Responsibilities:
A copy of all hate crime and hate incident reports shall be immediately faxed to the Hate Crimes Fax Distributors list in Outlook and a copy SRD’d to the Hate Crime Task Force and the unit’s hate crime coordinator as soon as possible.
Reporting Requirements:
Section 13023 of the Penal Code requires all law enforcement agencies to forward to the Department of Justice (DOJ) all hate crimes and hate incidents statistics. Therefore, it shall be the responsibility of the LASD member of the Hate Crime Task Force to provide the Crime Analysis Program (CAP) with the hate crime and hate incident statistics. At the end of each month, CAP shall continue to process and report hate crime and hate incident information in compliance with County, State, and Federal requirements.
Hate Crime Task Force:
The task force shall seek the most effective investigation and prosecution with consideration given to both State and Federal laws.
See section 4-11/012.00, Hate Crimes, for additional information on hate crime or hate incident reporting, clarifying distribution, and handling procedures.