Hate Crimes

338.1 PURPOSE AND SCOPE

The UCLA Police Department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of Penal Code §13519.6 (c) and provides members of this Department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias.

338.2 HATE CRIME DEFINED

Hate crime A criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim including disability, gender, nationality, race or ethnicity, religion, sexual orientation or association with a person or group with one or more of these actual or perceived characteristics. Penal Code § 422.55

338.3 CRIMINAL STATUTES

Penal Code § 422 Prohibits verbal, written or electronically transmitted threats to commit great bodily injury or death to another or his/her immediate family.

Penal Code § 422.6 (a) Prohibits the use of force or threats of force to willfully injure, intimidate, interfere with, oppress, or threaten any person in the free exercise or enjoyment of rights and privileges secured by the Constitution or law because of the person’s real or perceived characteristics listed in
Penal Code § 422.55 (a). Speech alone does not constitute a violation of this section except when the speech itself threatened violence and the defendant had the apparent ability to carry out the threat.

Penal Code § 422.6 (b) Prohibits knowingly defacing, damaging or destroying the real or personal property of any person for any of the purposes set forth in Penal Code § 422.6 (a).

Penal Code § 422.7 Provides for other criminal offenses involving threats, violence or property damage in excess of $400 to become felonies if committed for any of the purposes set forth in Penal Code 422.6.

Penal Code § 422.56 Defines gender for purposes of various hate crime statutes to mean the victim’s actual sex or a person’s gender identity and gender related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

Penal Code § 422.77 Provides for the criminal enforcement of any order issued pursuant to Civil Code § 52.1.

Penal Code § 11411 Prohibits terrorizing by placing or displaying any unauthorized sign, mark, symbol, emblem or other physical impression (including Nazi swastika, noose, or burning cross).

Penal Code § 11412 Prohibits terrorizing threats of injury or property damage to interfere with the exercise of religious beliefs.

Penal Code § 594.3 Prohibits vandalism to religious buildings or places of worship.

Penal Code § 11413 Prohibits use of explosives or other destructive devices for terrorizing another at health facilities, places of religion, group facilities and other specified locations.

338.4 CIVIL STATUTES

Civil Code § 51.7 Except for statements made during otherwise lawful labor picketing, all persons in this state have the right to be free from any violence or intimidation by threat of violence against his/her person or property because of actual or perceived race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute.

Civil Code § 52 Provides for civil suit by individual, Attorney General, District Attorney or Campus Counsel for violation of Civil Code § 51.7, including damages, Temporary Restraining Order and injunctive relief.

Civil Code § 52.1 Provides for Temporary Restraining Order and injunctions for violations of individual and Constitutional rights enforceable as criminal conduct under Penal Code §422.9.

338.5 PREVENTING AND PREPARING FOR LIKELY HATE CRIMES

While it is recognized that not all crime can be prevented, this Department is committed to taking a proactive approach to preventing and preparing for likely hate crimes by among other things:

(a) Officers should make an affirmative effort to establish contact with persons and groups within the community who are likely targets of hate crimes to form and cooperate with prevention and response networks.
(b) Providing victim assistance and followup as outlined below, including community followup.

338.6 PROCEDURE FOR INVESTIGATING HATE CRIMES

Whenever any member of this Department receives a report of a suspected hate crime or other activity that reasonably appears to involve a potential hate crime or hate incident, the following should occur:

(a) Officer(s) will be promptly assigned to contact the victim, witness or reporting party to investigate the matter further as circumstances may dictate.(b) The Watch Commander should be notified of the circumstances as soon as practicable.
(c) Once in progress aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of suspects present , etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved.
(d) The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate crime. No victim of or a witness to a hate crime that is not otherwise charged with or convicted of a crime under state law may be detained for or turned over to federal authorities exclusively for any actual or suspected immigration violation. Penal Code § 422.93 (b)
(e) Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from Detectives or other resources to further the investigation.
(f) The assigned officer(s) will include all available evidence indicating the likelihood of a hate crime in the relevant report(s). All related reports will be clearly marked as "Hate Crimes" or "Hate Incidents" and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift.
(g) The assigned officer(s) will provide the victim(s) of any suspected hate crime with a brochure on hate crimes. Penal Code § 13873

1. These brochures will also be available to members of the public upon request.
2. The assigned officer(s) should also make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations.

(h) The assigned officer(s) and supervisor should take reasonable steps to ensure that any such situation does not escalate further (e.g., Temporary Restraining Order through the Los Angeles County Superior Court). Penal Code § 136.2
(i) The Records Division will maintain statistical data on suspected hate crimes and tracking and report such data to the Attorney General upon request pursuant to Penal Code § 13023.

338.6.1 DETECTIVE DIVISION RESPONSIBILITY

When a case is assigned to detective, the assigned detective will be responsible for following up on the reported hate crime as follows:

(a) Coordinate further investigation with the District Attorney’s or City Attorney’s Hate Crime Unit and other appropriate law enforcement agencies, as appropriate
(b) Maintain contact with the victim(s) and other involved individuals as needed

338.7 TRAINING

All members of this Department will receive POST approved training on hate crime recognition and investigation as provided by Penal Code § 13519.6.

338.8 REPORTING HATE CRIMES

Hate Crime data is reported to DOJ to provide information on the location of crime, type of biasmotivation, victim type (individual/property), number of victims/suspects and victim’s/suspect’s race. It is the responsibility of the Records Division to submit the reports to DOJ. Reports are due monthly, by the 10th working day of the month. Reporting may be accomplished electronically via the Hate Crime Analysis, Tracking and Evaluation (HATE) System or bymanually submitting the Department crime report.

338.9 MARSY’S CARD

Proposition 9, Marsy’s Law which is also known as the Victims’ Bill of Rights Act of 2008, created a number of personally held and enforceable constitutional rights for victims of crime. Among the enumerated rights is the right to be notified of these rights. The Attorney General has created a Marsy’s Rights card for distribution to crime victims. Penal Code §679.026

Copies of the card will be kept in the Patrol Forms drawer and at the front counter of the station. Members of the Department will provide a copy of Marsy’s Card to every victim as well as anyone that requests a copy of the card.

A ’victim’ is now defined under the California Constitution as, "a person who suffers director threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ’victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term "victim" does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim." This card contains specific sections of the Victims’ Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy’s Law and local Victim Witness Assistance Center information by contacting the Victims of Crime Resource Center at 800-VICTIMS or (800) 842-8467.

Additional information regarding Victim Services and copies of the Marsy’s Rights card are located at: ag.ca.gov/victimservices/index.php