California Penal Code. California
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Название: California Penal Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392105397
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(2) Make payments or other compensation to a community-based program or local agency that provides services to victims of hate violence.
(3) Reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s acts.
(b) Any payments or other compensation ordered under this section shall be in addition to restitution payments required under Section 1203.04, and shall be made only after that restitution is paid in full.
(Amended by Stats. 2011, Ch. 719, Sec. 32. Effective January 1, 2012.)
422.86.
(a) It is the public policy of this state that the principal goals of sentencing for hate crimes, are the following:
(1) Punishment for the hate crimes committed.
(2) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails.
(3) Restorative justice for the immediate victims of the hate crimes and for the classes of persons terrorized by the hate crimes.
(b) The Judicial Council shall develop a rule of court guiding hate crime sentencing to implement the policy in subdivision (a). In developing the rule of court, the council shall consult experts including organizations representing hate crime victims.
(Added by Stats. 2004, Ch. 700, Sec. 14. Effective January 1, 2005.)
422.865.
(a) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court or community program director may order that the defendant be required as a condition of outpatient status or conditional release to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
(b) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions as the court deems appropriate, and shall make obedience of that order a condition of the defendant’s outpatient status or conditional release.
(c) It is the intent of the Legislature to encourage state agencies and treatment facilities to establish education and training programs to prevent violations of civil rights and hate crimes.
(Added by Stats. 2004, Ch. 809, Sec. 1. Effective January 1, 2005.)
CHAPTER 3. General Provisions [422.88 — 422.93]
(Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15.)
422.88.
(a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime.
(b) Restraining orders issued pursuant to subdivision (a) may include provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person.
(Added by Stats. 2004, Ch. 700, Sec. 15. Effective January 1, 2005.)
422.89.
It is the intent of the Legislature to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs to prevent violations of civil rights and hate crimes and to assist victims.
(Added by Stats. 2004, Ch. 700, Sec. 16. Effective January 1, 2005.)
422.9.
All state and local agencies shall use the definition of “hate crime” set forth in subdivision (a) of Section 422.55 exclusively, except as other explicit provisions of state or federal law may require otherwise.
(Repealed and added by Stats. 2004, Ch. 700, Sec. 18. Effective January 1, 2005.)
422.91.
The Department of Corrections and the California Youth Authority, subject to available funding, shall do each of the following:
(a) Cooperate fully and participate actively with federal, state, and local law enforcement agencies and community hate crime prevention and response networks and other anti-hate groups concerning hate crimes and gangs.
(b) Strive to provide inmates with safe environments in which they are not pressured to join gangs or hate groups and do not feel a need to join them in self-defense.
(Added by Stats. 2004, Ch. 700, Sec. 19. Effective January 1, 2005.)
422.92.
(a) Every state and local 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. In carrying out these responsibilities, the department shall consult the Fair Employment and Housing Council, the Department of Justice and the Victim Compensation and Government Claims Board.
(Amended by Stats. 2012, Ch. 46, Sec. 115. Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
422.93.
(a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal СКАЧАТЬ