(a)
(1)The commission, in consultation with subject-matter experts, including, but not limited to, law enforcement agencies, civil rights groups, and academic experts, and the Department of Justice, shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. “Hate crimes,” for purposes of this section, has the same meaning as in Section 422.55.
(2)The commission shall consult with the subject-matter experts in paragraph (1) if the guidelines or course of
instruction are updated.
(3)The guidelines and course of instruction developed pursuant to this section are not regulatio
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(a)
(1)
The commission, in consultation with subject-matter experts, including, but not limited to, law enforcement agencies, civil rights groups, and academic experts, and the Department of Justice, shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. “Hate crimes,” for purposes of this section, has the same meaning as in Section 422.55.
(2)
The commission shall consult with the subject-matter experts in paragraph (1) if the guidelines or course of
instruction are updated.
(3)
The guidelines and course of instruction developed pursuant to this section are not regulations as that term is used in the Administrative Procedure Act (Chapter 3.5 commencing with Section 11340 of Part 1 of Division 3 of the Government Code). This paragraph is declaratory of existing law.
(b)
The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following:
(1)
Indicators of hate crimes.
(2)
The impact of these crimes on the victim, the victim’s family, and the community, and the assistance and compensation available to victims.
(3)
Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes.
(4)
Law enforcement procedures, reporting, and documentation of hate crimes.
(5)
Techniques and methods to handle incidents of hate crimes in a noncombative manner.
(6)
Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victims’ actual or perceived homelessness.
(7)
The special problems inherent in some categories of hate crimes,
including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems.
(8)
Preparation for, and response to, anti-Arab, anti-Middle Eastern, anti-Islamic, anti-LGBTQ, anti-Black, anti-Native American, anti-immigrant, anti-Asian American and Pacific Islander, and anti-Jewish hate crime waves, and any other future hate crime waves that the Attorney General determines are likely.
(9)
Identifying when a gun violence restraining order may be an appropriate tool for preventing hate crimes and the procedures for seeking a gun violence restraining order.
(c)
The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b) and shall include the model hate crimes policy framework for use by law enforcement agencies in adopting a hate crimes policy pursuant to Section 422.87. The elements of the model hate crimes policy framework shall include, but not be limited to, all of the following:
(1)
A message from the law enforcement agency’s chief executive officer to the agency’s officers and staff concerning the importance of hate crime laws and the agency’s commitment to enforcement.
(2)
The definition of “hate crime” in Section 422.55.
(3)
References to hate crime statutes including Section 422.6.
(4)
A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following:
(A)
Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks.
(B)
Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority.
(C)
Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when necessary.
(D)
Providing victim assistance and followup, including community followup.
(E)
Reporting.
(5)
A list of all requirements that Section 422.87 or any other law mandates a law enforcement agency to include in its hate crime policy.
(d)
(1)
The course of training leading to the basic certificate issued by the commission shall include the course of instruction described in subdivision (a).
(2)
Every state law enforcement and correctional agency, and every local law enforcement and correctional agency to the extent that this requirement does not create a state-mandated local program cost, shall provide its peace officers with the basic course of instruction as revised pursuant to the act that amends this section in the 2003–04 session of the Legislature, beginning with officers who have not previously received the training. Correctional agencies shall adapt the course as necessary.
(e)
(1)
The commission shall, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute,
for any basic course, incorporate the November 2017 video course developed by the commission entitled “Hate Crimes: Identification and Investigation,” or any successor video, into the basic course curriculum.
(2)
The commission shall make the video course described in paragraph (1) available to stream via the learning portal.
(3)
Each peace officer shall, within one year of the commission making the course available to stream via the learning portal, be required to complete the November 2017 video facilitated course developed by the commission entitled “Hate Crimes: Identification and Investigation,” the course identified in paragraph (4), or any other commission-certified hate crimes course via the learning portal or in-person instruction.
(4)
The commission shall develop and periodically update an interactive course of instruction and training for in-service peace officers on the topic of hate crimes and make the course available via the learning portal. The course shall cover the fundamentals of hate crime law and preliminary investigation of hate crime incidents, and shall include updates on recent changes in the law, hate crime trends, and best enforcement practices.
(5)
The commission shall require the course described in paragraph (3) to be taken by in-service peace officers every six years.
(f)
As used in this section, “peace officer” means any person designated as a peace officer by Section 830.1 or 830.2.