Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, disability, gender, nationality, race, religion, and sexual orientation. Existing law also requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and instruction addressing hate crimes.
Assembly Bill 2621 (AB 2621) amends the law to specifically require additional instruction in response to hate crime waves against specified groups, including Arab, Middle Eastern, Islamic, LGBTQ, Black, Native American, immigrant, Asian American and Pacific Islander, and Jewish communities.
Existing law also requires law enforcement agencies to develop and implement policies and standards relating to gun violence restraining orders. AB 2621 mandates that law enforcement agencies update their policies and standards to incorporate changes in the law governing gun violence restraining orders. This includes, among other changes, instruction regarding gun violence restraining orders and de-escalation practices for incidents involving firearms, evidentiary court considerations during gun violence restraining order hearings, instruction regarding firearm prohibiting emergency protective orders, and an officer’s obligation to diligently participate in the evidence presentation process at hearings. AB 2621 requires training to identify when a gun violence restraining order is appropriate to prevent a hate crime, and on the procedure for seeking a gun violence restraining order.
AB 2621 also requires that written policies and standards pertaining to gun violence restraining orders include the procedure for storing firearms surrendered in compliance with a gun violence restraining order, returning firearms upon the termination of a gun violence restraining order, and addressing violations of a gun violence restraining order. This law requires law enforcement agencies to make information about these standards and policies available to all officers.
(AB 2621 amends section 13519.6 and 18108 of the Penal Code.)