§ 422.94. — 422.94. (Added by Stats. 2022, Ch. 853, Sec. 1.)

California § 422.94.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 11.6.
• Part 1.: TITLE 11.6. CIVIL RIGHTS
• Ch. 3.: CHAPTER 3. General Provisions

Text

(a)
The Hate Crime Vertical Prosecution Pilot Grant Program (HCVP) is hereby created to be administered by the Department of Justice.
(b)
Beginning January 1, 2023, and subject to an appropriation of funds by the Legislature, the department shall award grants to prosecutorial agencies for the purpose of creating, supporting, or expanding vertical prosecution units for the prosecution of hate crimes. These units shall be primarily focused on better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases.
(c)
One-time HCVP grants shall be made on a competitive basis to selected applicants in a manner and in an amount determined by the
department.
(d)
The department shall do all of the following to administer the grant program:
(1)
Specify the form of the application and information required to be submitted by each applicant.
(2)
Specify the criteria the department shall consider in selecting grant awardees.
(3)
Select the number of awards to be granted.
(e)
The department may use no more than 5 percent of the funds appropriated for HCVP for the costs of administering the program. Grant awardees shall not use grant funds to supplant existing spending for vertical prosecutions of hate crimes.
(f)
By no later than July 1, 2028, each grant recipient shall
prepare and submit a report to the department, in a form prescribed by the department, that includes any relevant data requested by the department.
(g)
By no later than January 1, 2029, the department shall prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code summarizing the data provided by grant recipients and analyzing the effectiveness of vertical prosecution programs in better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases, and making policy recommendations to the Legislature.
(h)
The department shall make evaluations of the grant program available to the public.
(i)
As used in this section, the following terms have the following meanings:
(1)
“Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes within a local jurisdiction.
(2)
“Vertical prosecution” refers to having the same individual prosecutor assigned to a case from the initial criminal investigation through the sentencing of the offender.
(j)
This section shall remain in effect only until July 1, 2029, and as of that date is repealed.

Legislative History

Added by Stats. 2022, Ch. 853, Sec. 1. (AB 557) Effective January 1, 2023. Repealed as of July 1, 2029, by its own provisions.