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HomeMy WebLinkAboutItem 18 - Resolution in Support of Assembly Bill 485 City Manager Office www.santa-ana.org/cm Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 1, 2022 TOPIC: Resolution in Support of Assembly Bill 485 AGENDA TITLE: Resolution in Support of Assembly Bill 485 Requiring All Law Enforcement Agencies to Report Hate Crime Data on Their Own Website RECOMMENDED ACTION Adopt a resolution in support of Assembly Bill 485 requiring all law enforcement agencies to report hate crime data on their own website. DISCUSSION Background At the February 1, 2022 City Council meeting, Mayor Pro Tem Bacerra added the following councilmember requested item: Discuss and consider directing the City Manager to direct staff to draft a resolution to support Assembly Bill (AB) 485. AB 485 would require local law enforcement agencies to report hate crime data on their own website monthly. There was consensus among all members of the City Council to proceed with the agenda item. Hate Crime and Hate Incident: Definitions California Penal Code section 422.55, defines Hate Crime as being 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, Nationality, Race or Ethnicity, Religion, Sexual Orientation, or association with a person or group of persons with one or more of the preceding actual or perceived characteristics. Examples may include painting racist, homophobic and/or religious graffiti on private property; burning a cross on an individual’s lawn; an assault; a criminal threat of violence against an individual or group; attempted murder or murder. A bias related incident is behavior that is motivated by hate or bias towards a person’s actual or perceived disability, gender, nationality, race or ethnicity, religion or sexual orientation but that is not criminal in nature. Typically these behaviors are protected by the First Amendment right to freedom of expression. If this type of activity escalates to Resolution in Support of Assembly Bill 485 March 1, 2022 Page 2 2 4 7 0 threats being made or carried out against a person or property, or becomes an incitement to commit violence it would be classified as a hate crime. Examples may include the distribution of non-threatening racist flyers in a public place; displaying non-threatening anti-gay or lesbian placards at a parade or funeral; writing a letter to the editor ridiculing people with disabilities; painting racist graffiti on a freeway overpass. A hate crime or incident may have occurred if any of the following were present: there was a perception that the victim was targeted because of their race, gender, sexual orientation, nationality, religion etc.; the perpetrator wrote or spoke in a manner that indicated bias; and the date of the incident or crime coincides with a date that is of significance to the victim’s religion, nationality, ethnicity etc. Increase in Hate Crimes In California, the number of hate crime events have fluctuated over the last decade. In the last 10 years, hate crime events have increased by 25.5 percent with 1,060 reported in 2011 and 1,330 reported in 2020. The lowest year for reported hate crime events was 2014 with 758 events. Hate crime events increased 31.0 percent from 1,015 in 2019 to 1,330 in 2020. Hate crime offenses increased 23.9 percent from 1,261 in 2019 to 1,563 in 2020. The number of victims of reported hate crimes increased 23.2 percent from 1,247 in 2019 to 1,536 in 2020. Existing Reporting Requirements and Practices The state is able to collect and analyze these statistics because of California Penal Code Section 13023, which requires the Attorney General to direct local law enforcement agencies to report information relating to hate crimes to the Department of Justice (DOJ), as specified. It also requires DOJ to post that information on a specified internet website on or before July 1 of each year. Although the state publishes this hate crime statistics online, it does not include detailed information by city or local agency. Assembly Bill 485 would further increase transparency and open government by requiring all local law enforcement agencies to post the information sent to the department on their local agency internet website on a monthly basis. The Santa Ana Police Department is one of the few cities in the state that currently posts hate crime related data on the city website. This was in response to direction received at the City Council meeting on April 6, 2021, where Mayor Pro Tem Bacerra and Councilmember Phan presented an item that directed the City Manager to direct Police Department staff to post monthly reports of hate crime-related data on the Santa Ana Police Department website. From January 2020 to December 2021, the Santa Ana Police Department documented 35 Hate Crimes. The Bias-Motivations for these crimes include 13 religious in nature, 15 pertaining to race, ethnicity or national origin and seven (7) pertaining to sexual orientation. Additional information about each particular incident is available at www.santa-ana.org/pd/open-government-and-transparency-initiative/hate- crime-reports. Resolution in Support of Assembly Bill 485 March 1, 2022 Page 3 2 4 7 0 In addition to posting hate crime data on the city website, the Santa Ana Police Department regularly submits this information to the Orange County Human Relations Commission (Commission) to incorporate in their annual hate crimes report. The Commission’s most recent report, released in September 2021, showed an overall increase of 35% in reported hate crimes in Orange County. In 2020 alone, there was an alarming rise in hate incidents. There was a 69% increase in the total number of hate incidents reported in 2020. Of the 263 reported cases, there was a 114% increase in antisemitic hate incidents, an 1800% increase motivated by anti-Asian hate, and a 23% increase motivated by anti-Black hate. Resolution Attached for consideration by the City Council is a resolution (Exhibit 1) in support of AB 485 to require all law enforcement agencies throughout the state to post hate crime data monthly on their own website. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager Resolution No. 2022-XXX Page 1 of 2 RESOLUTION 2022-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL SUPPORTING ASSEMBLY BILL 485 WHEREAS, a “hate crime” is defined as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including , among other things, race, religion, disability, and sexual orientation; and WHEREAS, reports of hate crime events in California have increased 25.5% over the past ten years; and WHEREAS, in 2020 alone, reports of hate crime events in California increased 31%; and WHEREAS, existing law requires the Attorney General to direct local law enforcement agencies to report information relating to hate crimes to the California Department of Justice; and WHEREAS, existing law requires the Department of Justice to update the Open Justice Web portal with hate crime data on or before July 1st of each year; and WHEREAS, AB 485, introduced by Assembly Member Nguyen, requires local law enforcement agencies to post on their websites monthly hate crime data; and WHEREAS, through the passing of AB 485, California has an opportunity to set a model for the nation in transparency by providing monthly data on hate crimes to all California residents; and WHEREAS, all Californians should have access to monthly hate crime data for their City to increase awareness of hate crimes in their local area; and WHEREAS, the Santa Ana Police Department at the direction of the Santa Ana City Council has posted on its website monthly hate crime data from January 2020 to the present. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The City of Santa Ana is in strong support of passing AB 485 in California. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2022-XXX Page 2 of 2 ADOPTED this ____ day of March, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2022. Date: Clerk of the Council City of Santa Ana