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City Manager Office <br />www.santa-ana.org/cm <br />Item # 18 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />March 1, 2022 <br />TOPIC: Resolution in Support of Assembly Bill 485 <br />AGENDA TITLE: <br />Resolution in Support of Assembly Bill 485 Requiring All Law Enforcement Agencies to <br />Report Hate Crime Data on Their Own Website <br />RECOMMENDED ACTION <br />Adopt a resolution in support of Assembly Bill 485 requiring all law enforcement agencies <br />to report hate crime data on their own website. <br />DISCUSSION <br />Background <br />At the February 1, 2022 City Council meeting, Mayor Pro Tem Bacerra added the <br />following councilmember requested item: Discuss and consider directing the City <br />Manager to direct staff to draft a resolution to support Assembly Bill (AB) 485. AB 485 <br />would require local law enforcement agencies to report hate crime data on their own <br />website monthly. There was consensus among all members of the City Council to <br />proceed with the agenda item. <br />Hate Crime and Hate Incident: Definitions <br />California Penal Code section 422.55, defines Hate Crime as being a criminal act <br />committed, in whole or in part, because of one or more of the following actual or perceived <br />characteristics of the victim: Disability, Gender, Nationality, Race or Ethnicity, Religion, <br />Sexual Orientation, or association with a person or group of persons with one or more of <br />the preceding actual or perceived characteristics. Examples may include painting racist, <br />homophobic and/or religious graffiti on private property; burning a cross on an individual’s <br />lawn; an assault; a criminal threat of violence against an individual or group; attempted <br />murder or murder. <br />A bias related incident is behavior that is motivated by hate or bias towards a person’s <br />actual or perceived disability, gender, nationality, race or ethnicity, religion or sexual <br />orientation but that is not criminal in nature. Typically these behaviors are protected by <br />the First Amendment right to freedom of expression. If this type of activity escalates to <br />City Council 18 –1 3/1/2022