Hate crimes: political affiliation.

Plain English Breakdown

The official source does not specify how much harsher sentences might be imposed.

Hate Crimes: Political Affiliation

AB-1535 adds political affiliation to the list of characteristics that can make a crime a hate crime and allows courts to consider this when deciding punishment for felony convictions.

What This Bill Does

• Adds political affiliation as a protected characteristic in hate crimes laws.
• Allows judges to use political affiliation as a reason to give harsher sentences if someone commits a felony motivated by the victim's actual or perceived political beliefs or party membership.

Who It Names or Affects

• Victims who are targeted because of their political views or party membership.
• People convicted of felonies motivated by the victim's actual or perceived political affiliation.

Terms To Know

Hate crime

A criminal act committed, in whole or in part, because of someone’s race, religion, disability, sexual orientation, or now, political affiliation.

Political affiliation

The state of belonging to a political party, the endorsement of a political party or its platform, or the endorsement of a politician or their platform.

Limits and Unknowns

• The bill does not specify how much harsher sentences might be.
• It is unclear if this will lead to more hate crime cases being reported or prosecuted.

Official Summary Text

AB 1535, as amended, Davies.
Hate crimes: political affiliation.
Existing law defines “hate crime” 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.
Except as provided, existing law requires the fact that a person committed or attempted to commit a felony that is a hate crime to be considered a circumstance in aggravation of the crime in imposing a specified term.
This bill, the Hortman-Kirk Political Violence Prevention Act,
would add political affiliation to the list of actual or perceived characteristics.
in the case of any felony conviction, would authorize the court to consider as a circumstance in aggravation in sentencing the fact that the defendant’s conduct was motivated, in whole or in part, by the victim’s actual or perceived political affiliation.
The bill would define “political affiliation” to mean the state of belonging to a political party, the endorsement of a political party or a platform of a political party, or the endorsement of a politician or a platform of a politician. By
expanding the scope of an existing
increasing the punishment for a
crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF