For Immediate Release
Press Contact:
Charles Jung, California Asian Pacific American Bar Association
Phone: 415-762-3100
Email: press@fighthatred.org
About:
The California Asian Pacific American Bar Association (Cal-APABA) is a statewide bar association that represents the interests of its 23 sister bar affiliate organizations and the over 14,000 APA attorneys statewide to promote justice and equality, advance legal and policy matters that impact the APA community, and enhance the professional development of its members.
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