Resolution No. 7430I RESOLUTION NO. 7430
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON ADOPTING A VERNON POLICE DEPARTMENT HATE
CRIME POLICY
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5 WHEREAS, it is the policy of the City of Vernon to protect
6 the constitutional rights of all citizens regardless of their race,
7 color, ethnicity, disability, gender or religion; and
8 WHEREAS, the Vernon Police Department has developed a
9 protocol for the investigation and reporting of hate crimes and the
10 training of department employees who handle said offenses; and
11 WHEREAS, the City of Vernon desires to adopt a Vernon Police
12 Department Hate Crimes Policy.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
14 CITY OF VERNON AS FOLLOWS:
15 SECTION 1: The City Council of the City of Vernon hereby
16 finds and determines that the recitals contained hereinabove are true
17 and correct.
18 SECTION 2: The City Council of the City of Vernon hereby
19 approves and adopts the Vernon Police Department Hate Crimes Policy, a
20 copy of which has been presented to the City Council concurrently with
21 this resolution, and the City Council hereby orders said Policy to be
22 received and filed by the City Clerk.
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I SECTION 3: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 19th day of October, 1999.
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6 t.LEONIS C. 4LBURG, Mayor
7 AT
8 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7430, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, October 19,
1999, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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VERNON POLICE DEPARTMENT
HATE CRIMES POLICY
PURPOSE:
The Vernon Police Department has long recognized the very serious nature of crimes and
incidents motivated by hatred or prejudice. As a result, a standardized protocol has evolved
for the investigation of these acts including the gathering, maintenance, and dissemination of
related information as well as the training of department employees who handle hate crime
occurrences. This order establishes department policy for investigating and reporting crimes
and incidents motivated by hatred, or prejudice; the procedure for these investigations will be
incorporated into the department manual.
POLICY:
It is the policy of the Vernon Police Department to protect the constitutional rights of all
citizens regardless of their race, color, ethnicity, disability, gender, or religion. When the
rights of any citizen are infringed upon by intimidation, force or violence, the department
conducts a thorough investigation, identifies the perpetrators, and brings them before the
court. The department will not tolerate malicious or criminal incidents that are so motivated.
WHAT IS A HATE CRIME:
The Los Angeles County District Attorney's office classifies as hate crimes those cases in
which the facts indicate that bias, hatred, or prejudice based on the victims' actual or perceived
race, religion, ancestry, national origin, disability, gender, or sexual orientation are substantial
factors in the commission of the offense.
Evidence of such bias, hatred, or prejudice can be direct or circumstantial It can occur before,
during, or after the commission of the offense.
When the evidence of bias is based on speech alone, the speech must have threatened violence
against a specific person or group of persons. It must also be clear that the defendant had the
apparent ability to carry out that threat.
Frequently, derogatory words or epithets are directed against a member of a protected class,
but no violence is threatened and there is no apparent ability to harm the target. Such hate
incidents are important indicators of intergroup tensions. They are not, however, criminal
offenses. Such language is protected by free speech laws.
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Graffiti is a hate crime when it is racial, ethnic, religious, homophobic, or sexist in nature.
This is most often indicated by use of hate group symbols, slogans or epithets. To be a hate
crime, graffiti must be directed at a specific target. Racial graffiti on a freeway overpass is
not a hate crime.
Vandalism to a house of worship, or ethnic, religious, or gay and lesbian organization is
generally considered a hate crime in the absence of evidence of other motives.
RESPONSIBILITIES
Patrol Officer
When an officer on the scene makes a determination that an incident is biased in nature
due to race, religion, ethnicity, disability, gender or sexual orientation, the, following
procedures shall be followed:
• Notify the on duty supervisor.
• Respond in a sensitive way to the feelings and needs of the victim(s).
• If the incident constitutes a definable crime, preserve the crime scene and evidence.
• Immediately take all appropriate investigative and enforcement action.
• Prepare a detailed written report documenting such incidents or acts.
• Immediately distribute a working copy of the report to the detective bureau.
Field Supervisor
• In addition to normal duties, the on duty supervisor upon notification that a crime or
incident motivated by hatred or prejudice has occurred shall:
• Ensure that the crime scene is,protected, properly processed and evidence is gathered.
• Ensure that the detective bureau personnel are notified, if their presence at the scene serves
the best interest of the investigation.
• Personally assure the victim(s) that the investigation will be actively pursued in an attempt
to apprehend the suspect(s).
• Review all reports for completeness and full data on the materials used (cross, literature,
paint, etc.) including size, construction, wrappings and messages.
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• Ensure that the Vernon Police Department Hate Crime pamphlet is given to the victim, a
copy of which is attached as exhibit A.
Detective Bureau Commander
Upon notification by the on duty supervisor of a hate crime or incident occurrence, the
Detective Bureau Commander shall:
• Respond to the scene if requested.
• The commanding lieutenant is the hate crime coordinator for his or her command and
shall:
• Report the inquiry findings, as soon as practical, directly to the Chief of Police. '
• Ensure that a specific detective is assigned to investigate each crime or incident and that an
appropriate response is provided to each victim.
• Forward a copy of each crime or incident report motivated by hate or prejudice to the
District Attorney, Department of Justice, and U.S. Attorney.
Detective
A detective assigned to investigate a crime or incident motivated by hatred or prejudice shall:
• Contact the victim of the crime or incident and re -assure the victim of the department's
commitment to identifying the suspect and obtain follow-up information.
• Document any additional information regarding the case.
• Present all felony hate crime investigations in which the suspect(s) is identified to the
District Attorney hate crime suppression unit and, as appropriate, to the office of the
United States Attorney, Civil Rights Liaison for filing consideration;
• Consider contacting appropriate state and/or local law enforcement agencies for assistance
with serious cases.
Industrial Relations
• Maintain liaison with the media, the Federal Bureau of Investigation civil rights program
coordinator, U.S. Attorney, Department of Justice, outside agencies, and community
groups regarding crimes or incidents motivated by hate or prejudice for public information
needs.
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• At least annually, coordinate and conduct training in hate crimes.
• Keep abreast of all internal and external issues pertaining to hate crimes or incidents and,
as appropriate, suggest changes to department procedures in order to improve the
department's response.
A LIST OF RELEVANT STATUES IS ATTACHED AS EXHIBIT B.
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EXHIBIT A
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EXHIBIT B
CRIMINAL AND CIVIL LAWS
PERTAINING TO HATE CRIMES
CALIFORNIA CRIMINAL STATUES
A. Misdemeanor Statutes
(1) Penal Code Section 302
Disturbance of religious meetings.
(2) Penal Code Section 422.6
Interference with exercise of civil rights, threat of harm, actual harm or property damage
under $500.00.
(3) Penal Code Section 422.6(a)
Makes it a misdemeanor to interfere by force or threat of force with a person's
constitutional rights because of his or her race, color, religion, ancestry, national origin,
disability, gender or sexual orientation (Penalty up to one year in jail, or $5,000, or
both.)
(4) Penal Code Section 422.6(b)
Makes it a misdemeanor to damage a person's property because of his or her race,
color, religion, ancestry, national origin, disability, gender or sexual orientation
(penalty up to one year in jail or $5,000, or both)
(5) Penal Code Section 422.6(c)
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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 ($5,000), or by both that 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 shall 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.
(6) Penal Code Section 538(c)
Unauthorized insertion of advertisements in newspapers.
(7) Penal Code Section 594.1
Unauthorized sale to a minor of aerosol containers capable of defacing property.
(8) Penal Code Section 594.3(a)
Vandalism of church, synagogue, building of religious education institution or other.
Place of worship based on racial or religious prejudice.
(9) Penal Code Section 640.2
Unauthorized stamping, printing or insertion of any writing in consumer products offered
for sale.
(10) Penal Code Section 11411(a)
Terrorism of owner of occupant of real property; placement or display of sign symbol
on other physical impression without authorization.
B. Felony Statues
(1) Penal Code Section 139
Makes it a felony when someone already convicted of a felony communicates to
witnesses, victims, informants, or their immediate families a credible threat to use
force or violence.
(2) Penal Code Section 190.2(a)(16)
Provides a death penalty for murder because of the victim's race, color, religion,
nationality, or national origin.
(3) Penal Code Section 422.7
Specifies punishments for intimidating or interfering with a 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 and because of the other person's race,
color, religion, ancestry, national origin, disability, gender, or sexual orientation, or
because the defendant perceives that the other person has one or more of those
characteristics, under any of the following circumstances'y which shall be charged in the
accusatory pleading:
(a) The crime against the person or another either includes the present ability
to commit a violent injury or causes actual physical injury.
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(b) The crime against property causes damage in excess of five hundred
dollars ($500).
(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.
(4) Penal Code Section 594.3
Provides that it is felony or misdemeanor to knowingly vandalize a place of worship.
(5) Penal Code Section 594.3(b)
Vandalism: Church, synagogue, building of religious education, institutions or other
place of worship or based on racial or religious prejudice.
(6) Penal Code Section 1141l(b)
Terrorism of owner or occupant of real property; pattern of conduct of placement or
display of sign, symbol or other physical impression without authorization.
(7) Penal Code Section 11411(c)
The burning or desecration of religious symbols on the private property of another or on
the property of another or on the property of a school for the purpose of terrorizing.
(8) Penal. Code Section 11412
Threat to inflict injury upon a person with the intent to obstruct the free exercise of
religion.
Makes it a felony to attempt to discourage religious activities by threats of violence.
(9) Penal Code Section 11413
Terrorism: Use of destructive device or explosive or who commits arson on private
property, place of worship, health facility, facility that counsels on abortion, library or
school. Makes it a felony to use a bomb against or to set on fire a place of worship.
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C. Penalty and Sentencing Enhancement
(1) Penal Code Section 190.2(a)(16)
Death penalty or life imprisonment without parole for intentional murder because of race,
color, nationality, country of origin, or religion.
(2) Penal Code Section 422.75
Provides for sentencing enhancements of 1 to 3 years for certain bias, motivated felonies
against the aforementioned groups; for heightened penalties of 2 to 4 years if the felony
hate crime was committed in concert with another; adds a year if the defendant had a
prior hate crime conviction; provides that use of firearm can be aggravating factor.
(3) Penal Code Section 427.75(a)-(e)
Felony or attempt to commit a felony because of the victim's actual or perceived race,
national origin, religion, sexual orientation, disability or gender. Victim can be person or
property of public agency or private institution. Additional penalties; prior convictions;
and mitigating circumstances.
(4) Penal Code Section 422.95
Specifies conditions of probation, where a court may order the defendant to attend
classes, programs, counseling or make monetary compensation after restitution related to
racial or ethnic sensitivity or civil rights training. In addition to restitution payment
pursuant to P.C. 1203.4 and only if it is paid in full.
(5) Penal Code Section 1170.75
Provides additional punishment for felonies committed because of a victim's
race, color, religion, etc. or committed because the defendant perceived the victim to be a
member of that class. This section provides that these are aggravating factors.
(6) Penal Code Section 1170.8
Provides additional punishment for robbery or assault of ('persons within a place of
worship.
Arson, robbery or assault with deadly weapon in places of worship, intent to burn or
intentional burning of place of worship: aggravation of crime.
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(7) Penal Code Section 1170.85
Provides additional punishment for felonies committed against the aged or disabled.
Offense to dissuade or prevent witnesses from testifying; offense against vulnerable aged
or disabled persons: aggravation of offense.
D. Miscellaneous Criminal Statutes
(1) Penal Code Section 136.2 Protective Orders
Provides some protections against further intimidation of hate crimes victims and
witnesses by the accused perpetrator are available through the district attorney or city
attorney who is prosecuting the hate crime.
Once criminal charges are filed under the Bane Civil Rights Act, or under any other
criminal statute, hate crimes victims have the right to a court order prohibiting any
additional harassment, or any communication or, contact at all.
Once a 136.2 order is issued, copies are distributed to each protected person, each
defendant, and to the appropriate law enforcement agency. Orders are immediately
enforceable by law enforcement agencies. Violation of orders can be a misdemeanor, or a
felony, if accompanied by force or threat of force.
(2) Penal Code Section 186.21
Constitutional right of every person, regardless of race, national origin, religion, sexual
orientation, gender, disability or age to be protected against fear and physical harm by
individual or groups.
(3) Penal Code Section 422.76 - Gender
For purpose of hate crime statutes, "Gender" means a person's actual or perceived sex,
and includes a person's identity, appearance or behavior, whether or not that identity,
appearance or behavior is different from that traditionally associated with the person's
sex or birth.
(4) Penal Code Section 422.8
• Provides that nothing in sections 422.6 or 422.7 prevent or limit the prosecution of any
person.
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(5) Penal Code Section 422.9(a)
Makes it a misdemeanor punishable by up to 6 months in jail or $1,000 or both, to violate
an order issued pursuant to Civil Code Section 52.1 (a) or' (b).
(6) Penal Code Section 422.9(b)
Provides up to one year in jail for a person previously convicted of violating an order
issued pursuant to Civil Code section 52.1 (a) or (b) who is brought and tried upon
separate charges.
(7) Penal Code Section 422.95
Provides that if a person is granted probation for any section 422.6, 422.7, or 422.75
offense, the court may order the defendant to complete a class or program on racial or
ethnic sensitivity or other similar training in civil rights if such class or program is
available, as a condition of probation.
(8) Penal Code Section 422.95(b)
States that it is the intent of the legislature to encourage counties, cities, and school
districts to establish education and training programs to prevent violations of civil rights
and hate crimes.
(9) Penal Code Section 11410
Constitutional right of every person, regardless of race, color, creed, religion, gender or
national origin to be protected from fear, intimidation and physical harm by individual or
groups. States that the urging of violence where harm is possible is conduct not protected
by the California Constitution.
(10) Penal Code Section 11411
Makes it a misdemeanor to cause a person to fear for his or her safety by burning a cross
or by displaying racist signs.
(11) Penal Code Section 13023
Local law enforcement agencies shall report to the Department of Justice all crimes
motivated by the victim's race, nationality, religion, sexual orientation, gender or mental
or physical disability.
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(12) Penal Code Section 13873
(a) Every law enforcement agency in this state shall make available a
brochure on hate crimes to victims of these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide existing
brochures, making revisions as needed to local law enforcement agencies
upon request for reproduction and distribution to victims of hate crimes
and other interested parties.
(13) Under Government Code Sections 13959-13969.3
Under the California Victims of Crime program some crime victims may be eligible for
financial assistance for unreimbursed expenses resulting from the crime.
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 9005
TELEPHONE (323) 583-8811
October 14, 1999
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
8 Police Chief
FAX: (323) 583-5236
We are required by State Law to establish a policy regarding
hate crimes. This policy has been prepared by the City of
Vernon Police Department and has been reviewed by the City
Attorney, and it is hereby recommended that the Hate Crimes
Policy be approved.
Very truly yours,
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Bruce V. Malkenhorst
City Clerk
BVM:rcm
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VERNON POLICE DEPARTMENT
OFFICE MEMORANDUM
September 27, 1999
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TO: Gloria Orosco, Chief Deputy City Clerk
FROM: Chief Olson a
SUBJECT: Hate Crimes Policy
We are required by State Law to establish a policy regarding hate crimes. I have forwarded a
copy of our new policy to the City Attorney's office for review, prior to submission to the City
Council for their approval.
I have requested that you be notified after the City Attorney's office reviews the policy, so you
could then place it on a future Council agenda.
a � .
SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
TO: Bruce Olson, Chief of Police
FROM: Gloria ar/osco, Chief Deputy City Clerk
DATE: November 1, 1999
RE: Hate Crime Policy
Transmitted herewith is a copy of Resolution No. 7430 that was
approved by City Council on October 19, 1999 along with a copy
of the department's "Hate Crimes Policy".