Asian Americans and 100 Supporting Organizations Celebrate Enactment of Historic Update to California's Hate Crimes Law

[SAN FRANCISCO, CA, Oct. 17, 2023] - Today a California statewide coalition of over 100 sponsoring and supporting organizations gathers in San Francisco’s Chinatown to celebrate the enactment of AB 449, the Freedom from Hate Crimes Act. AB 449 was signed by Governor Newsom last week after passing the California Legislature unanimously.

The new law requires every law enforcement officer in the state – from CHP patrol officers to local park rangers – to know and follow a detailed policy guiding them to identify, report and respond to hate crimes. Every law enforcement agency is required to adopt the policy by July 1, 2024. To ensure accountability, every agency must submit its policy to the state Department of Justice to be checked for compliance with the strict legal requirements.

During the pandemic, the Center for the Study of Hate and Extremism reported that anti-Asian hate crimes increased 189% during the first quarter of 2021. While after the pandemic, some reports show a decrease in reported anti-Asian hate crimes, the FBI reported that, overall, racial, anti-Jewish, and anti-LGBTQ hate crimes rose in 2022.

“Hate crimes against Asian Americans are crimes against all Americans, and all Americans deserve freedom from hate. During the pandemic, the Asian American community experienced an epidemic of hate and violence. That violence continues to this day for many racial and religious minorities. This bill is one step in our demand for equality and civil rights,” said Charles H. Jung, Executive Director of the bill’s sponsor, the California Asian Pacific American Bar Association.

The bill adopts the major recommendations of the State Auditor’s report, “Hate Crimes In California: Law Enforcement Has Not Adequately Identified, Reported, or Responded to Hate Crimes.”

“While we’ve seen a decrease in hate attacks against the AAPI community, we know the work isn’t done and AAPIs and many other communities still face hate. We must all be on the same page and standardize our policies to provide equal treatment when these unfortunate incidents occur,” said Assemblymember Phil Ting (D-San Francisco), who wrote the bill. “I thank Governor Newsom for signing this bill, and all the stakeholders who have supported these efforts for years. We can now ensure there is consistent enforcement of hate crime laws and accurate data collection will help us come up with solutions.”

“Anti-disability crimes are the invisible hate crimes. AB 449 will ensure that every law enforcement officer in California pays attention to indicators of these terrible crimes,” said Greg deGiere, Civil Rights Advocate at sponsoring organization, The Arc of California.

"In a state as diverse as California, it is essential that every law enforcement agency develop hate crimes policies and protocols to effectively preserve our state’s pluralistic ethos. The Hindu American community applauds Assemblymember Ting for his leadership on AB 449 to ensure Californians from all walks of life feel safe and secure. The Hindu American Foundation is proud to have sponsored this important bill that finally requires every law enforcement agency to adopt and follow a rigorous policy guiding officers in preventing and responding to these crimes, while also highlighting Hindu articles and symbols to assist law enforcement in identifying hate crimes against California Hindus," said Samir Kalra, Esq., Managing Director of sponsoring organization, the Hindu American Foundation.

“AB 449 takes a monumental step to enhance protections for California’s most vulnerable communities, especially for seniors and people with disabilities, from hate crimes. CARA applauds Assemblymember Ting for his unwavering commitment to pursue these reforms and we thank the Legislature and the Governor for supporting this historic initiative,” said Keith Umemoto, Vice President of sponsoring organization, the California Alliance for Retired Americans (CARA)

“The Sikh Coalition was proud to sponsor AB 449, which will push law enforcement agencies to respond systematically and fully to hate and violence experienced by many communities, including the Sikh community. The latest FBI data reveals that religiously motivated hate crime victimizations—both in general and for Sikh Americans specifically—were at their highest since 2001, yet reporting of hate crime data by law enforcement agencies continues to decline across the nation. More must be done, and AB 449 is a step in the right direction to ensuring that California leads the way in properly handling hate crime cases and seeking justice for those who need it,” said Harman Singh, Education and Policy Director, of sponsoring organization, the Sikh Coalition.

“We commend Assemblymember Ting and Gov. Newsom for the crucial signing of AB 499 (Ting) which requires every California law enforcement agency to adopt and follow a rigorous policy which will guide officers in preventing, reporting, and responding to hate crimes,” said NAACP California Hawaii State Conference President Rick L. Callender. “We know that hate crimes are often underreported. With the data that will be collected because of AB 499 (Ting), it is our hope that this new law will work to ensure that all Californians are protected from hate.”

A press conference and celebration will be held today, Thursday, October 19, 2023 at 11:30 am, in San Francisco’s Chinatown, at the Chinese Historical Society of America Museum, 965 Clay St, San Francisco, CA 94108.

CONTACT: Charles Jung, Executive Director, California Asian Pacific American Bar Association, ‪(213) 545-1442 or press@fighthatred.org.

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What does AB 449 (Ting) Do?

The bill requires every law enforcement officer in California – from CHP officers to county park rangers – to know and follow a detailed policy guiding officers to recognize, report and respond to hate crimes. Every law enforcement agency is required to adopt the policy by July 1, 2024.

To ensure accountability, each law enforcement agency will be required to submit its hate crime policy to the Department of Justice to be checked for legal compliance and inclusion of the required elements, including:

A message from the law enforcement agency’s chief executive officer (chief, sheriff or director) to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement.

The legal definition of hate crime, i.e., “Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

Disability

Gender (including gender identity or expression)

Nationality (including immigration status)

Race or ethnicity

Religion

Sexual orientation

Association with a person or group with one or more of these actual or perceived characteristics.

A title-by-title specific protocol that agency personnel are required to follow, including:

Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.

Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.

Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.

Providing victim assistance and follow-up, including community followup.

Reporting.

A checklist of responding officers’ responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agency’s required hate crimes brochure.

Information on bias motivation, which turns any crime into a hate crime. For the purposes of the policy, “bias motivation” is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55 (above). Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender.

Over 100 Sponsors and Supporting Organizations:

12 Sponsors:

The Arc and United Cerebral Palsy California Collaboration

Asian Law Alliance

California Alliance for Retired Americans

California Asian Pacific American Bar Association

California Association of Human Relations Organizations

California Council of Churches IMPACT

California-Hawaii State Conference of the NAACP

California League of United Latin American Citizens (LULAC)

Center for The Study of Hate and Extremism, CSU San Bernardino

Feminist Majority

Hindu American Foundation

Sikh Coalition

93 Supporters:

AAPI Youth Rising

ACE NextGen

American Jewish Committee, Los Angeles

American Jewish Committee, San Diego

American Jewish Committee, San Francisco

Anti-Defamation League

The Arc of Ventura County

The Asian American Foundation

Asians Are Strong

Asian Hustle Network

Asian Leaders Alliance

ASIAN, Inc.

Asian Pacific American Leadership Foundation

Association for the Advancement of Asians

Association of Regional Center Agencies

Autism Speaks

Be Chinatown

California Catholic Conference

California Community Living Network

California Faculty Association

California Foundation for Independent Living Centers

California Women’s Law Center

Chinatown Volunteer Coalition

Chinese American Democratic Club

Chinese Chamber of Commerce of Los Angeles

Chinese Consolidated Benevolent Association (“Chinese Six Companies”)

Chinese Historical Society of America

Clean Water Action

Coalition for Humane Immigrant Rights (CHIRLA)

Communities As One

Compassion in Oakland

Congreso Familiar

Contemporary Asian Theater Scene

Dear Community

Delta Chinatown Initiative

Disability Rights California

Educate, Advocate

Edwin M. Lee Asian Pacific Democratic Club

Equality California

ETTA

Faith and Community Empowerment

Filipino American Democratic Club of San Francisco

Global:SF

Goldbridge Institute

Gold House

Hadassah

Holocaust Museum, Los Angeles

Islamic Networks Group (ING)

Japanese American Citizens League, Northern California-Western Nevada-Pacific District

Japanese American Citizens League, San Jose Chapter

Jewish Center for Justice

Jewish Community Relations Council, Bay Area

Jewish Community Relations Council of San Francisco

Jewish Community Relations Council of Silicon Valley

Jewish Democratic Club of Solano County

Jewish Family & Children’s Service of Long Beach and Orange County

Jewish Family & Children’s Services of San Francisco, the Peninsula, Marin & Sonoma Counties

Jewish Family & Community Service, East Bay

Jewish Family Service, San Diego

Jewish Family Services of Silicon Valley

Jewish Federation of Greater Los Angeles

Jewish Federation of Greater Santa Barbara

Jewish Federation of Greater San Gabriel and Pomona Valleys

Jewish Federation of the Sacramento Region

Jewish Long Beach

Jewish Public Affairs Committee

JVS SoCal

Korean American Community Foundation of San Francisco

Leaders Forum

Muslim Public Affairs Council

National Asian Pacific American Bar Association

NOAH Marin

Not in Our Town

Oakland Chinatown Chamber Foundation

Oakland Chinatown Chamber of Commerce

Organize Community Act (OCA) Orange County

Pathpoint, Santa Barbara

Pioneer Congregational United Church of Christ, Sacramento

Progressive Zionists of California

Richmond Dragon League

The Salvador E. Alvarez Institute for Non-Violence

San Francisco Chinatown Merchants Association

San Francisco Community Alliance for Unity, Safety and Education (SFCAUSE)

Save Cantonese

Sikh American Legal Defense and Education Fund

Stand With Asian Americans

Stand With Asians

Stop Crime Action

Subtle Asian Real Estate

Thai Community Development Center

transWomen 4 transWomen

1990 Institute