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Hate Violence in California - State and Federal Responses to Hate Violence Senate Judiciary Committee

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Hate Violence in California - State and Federal Responses to Hate Violence Senate Judiciary Committee Golden Gate University School of Law GGU Law Digital Commons California Senate California Documents 12-13-1993 Hate Violence in California - State and Federal Responses to Hate Violence Senate Judiciary Committee Follow this and additional works at: http://digitalcommons.law.ggu.edu/caldocs_senate Part of the Criminal Law Commons, and the Legislation Commons Recommended Citation Senate Judiciary Committee, "Hate Violence in California - State and Federal Responses to Hate Violence" (1993). California Senate. Paper 130. http://digitalcommons.law.ggu.edu/caldocs_senate/130 This Hearing is brought to you for free and open access by the California Documents at GGU Law Digital Commons. It has been accepted for inclusion in California Senate by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. CALIFORNIA LEGISLATURE SENATE JUDICIARY COMMITTEE Bll..L LOCKYER, CHAIRMAN INTERIM HEARING ON HATE VIOLENCE IN CALIFORNIA STATE AND FEDERAL RESPONSES TO HATE VIOLENCE DECEMBER 13, 1993 AlAMEDA COUNIY BOARD OF SUPERVISORS CHAMBERS OAKlAND, CALIFORNIA TIM LESLIE Q.Ial ifornia Ifiegislature GREGORY SCHMIDT VICE CHAIRMAN STAFF DIRECTOR CHARLES CALDERON GENE W WONG PATRICIA A WYNNE MILTON MARKS ~rnate Qlontntitter on J)uoiciary ANDREA ROSA-TEDLA NICHOLAS PETRIS LES KLEINBERG ROBERT PRESLEY SENATOR BILL LOCKYER COUNSELS DAVID ROBERTI CHAIRMAN LINDA HASHIMOTO-MYERS ART TORRES C0MM1f1[! ;,f LF~fTAf<Y DIANE WATSON ROOM 2032 CATHIE WRIGHT STATE CAPITOL VACANCY SACRAMENTO.CA 95814 MEMBERS (91614455957 Interim Hearing on HATE VIOLENCE IN CALIFORNIA Alameda Countv Board of Supervisors Chambers 1221 Oak Street Suite 536 Oakland, Ca 1ifornia Monday, December 13, 1993 9 a.m. -12 p.m. 1 p.m. - 3 p.m. AGENDA 9:00 OPENING REMARKS * Senator Bill Lockyer * Other Senate Judiciary Members 9:15 NATIONAL AND LEGAL OVERVIEW * Brian Levin, Visiting Scholar, Bias Crime Policy Analyst, Stanford University Law School 9:30 SPECIAL PRESENTATION * Lieutenant Governor Leo McCarthy, Chair Commission on the Prevention of Hate Violence I 1 9:45 OVERVIEW OF EMERGING PROBLEMS 1. STALKING AND AGGRESSIVE PURSUIT: GENDER-BASED CRIME *Honorable Mary King, Alameda County Supervisor * Sharon Jones, Director College Relations Mills College * Pearl Stewart, Editor (outgoing) Oakland Tribune * Brenda Payton, Columnist Oakland Tribune 2. IMMIGRANTS * Angelo Ancheta, Executive Director Coalition for Humane Immigrant Rights, Los Angeles 3. YOUTH AND SCHOOLS * Fred Persily, Consultant Hate Violence Reduction 4. MINORITY ON MINORITY CONFLICTS * Diane Chin, Esq. Lawyers Committee for Civil Rights 10:30 RECENT VICTIMS OF HATE-RELATED CRIMES * Dr. Nate White, President National Association for the Advancement of Color People, Sacramento Chapter * Randy Imai, President Japanese American Citizens League, Sacramento Chapter * Anne Eisenberg, Jewish Federation of Sacramento * Vinh Liu, Sonoma County * Kathlyn Green, Castro Valley 10:45 PSYCHOLOGY AND IDEOLOGY OF A RACIST * Gregory Withrow, Consultant on Racist Ideology 2 11:00 LAW ENFORCEMENT RESPONSE: DATA COLLECTION, COORDINATION AND TRAINING * Chief Bob Maginnis San Leandro Police Department *Officer Sandy Bargioni, Hate Crimes Unit San Francisco Police Department * Sgt. David Ransom, Family Abuse/Bias Crimes Unit Sacramento Police Department * Lt. Bill Roberts, Special Investigations Unit Sacramento Sheriffs Department * Capt. Ron Black, Special Investigations Bureau Los Angeles Sherffs Department * Sgt. Kenneth Parris, Assault Unit/Hate Crimes Oakland Police Department 11:30 DISTRICT ATTORNEY RESPONSE: PROSECUTION AND PROVING MOTIVATION * Steve White, District Attorney Sacramento * Arlo Smith, District Attorney /Charles Haines, Deputy District Attorney, San Francisco * Kay Shafer, Special Assistant to the District Attorney, Gil Garcetti, Los Angeles * Morris Jacobson Deputy District Attorney, Alameda * Luis Aragon Deputy District Attorney, San Diego 12:00 LUNCH BREAK 1:00 CIVIL REMEDIES: ROLE AND EFFECTIVENESS * Doreena Wong, Esq. Asian Law Caucus * Ann Noel, Commission Counsel State of California Fair Employment and Housing Commission 3 1:15 COMMUNITY RESPONSE: ROLE, EFFECTIVENESS AND POSSIBLE REFORMS 1. Local Government/ Human Relations and Human Rights Commissions * Vince Reyes, Multicultural/Multilingual Coordinator Alameda County * Jill Tregor, Executive Director Intergroup Clearinghouse * Bob Delgado, President California Association of Human Relations Commission * Norma Mencacci County of Santa Clara Human Relations Commission * Don Hesse, San Francisco Human Rights Commission * Barbara Lehman, Executive Director Sacramento Human Rights & Fair Housing Commission 2. Community-based Organizations * Lester Olmsted-Rose, Executive Director Community United Against Violence, San Francisco * Nancy Diner Anti-Defamation League *John Yamada, President Asian Americans Together of Castro Valley * Karen Gelender, Coordinator Castro Valley Grass Roots Against Bigotry * Wanda Remmers, California Mental Health Coalition for Special Needs Housing 2:15 PUBLIC COMMENTS 3:00 ADJOURNMENT 4 SENATOR BILL LOCKYER, CHAIRMAN: This is a meeting of the Senate Judiciary Committee. The purpose of our discussion today is to monitor and update our understanding with respect to efforts to combat hate crime in the State of California. We view the effort as essentially two-pronged: One is to provide for appropriate punishments for those who commit crimes of this sort, but at the same time we emphasize the need to work positively to create a tolerant climate and atmosphere in the State of California that respects people and their differences. There's been a number of laws written, others proposed, and numerous inquiries into the general situation to see what else might be done. I think perhaps if I might first introduce my two colleagues that are present. We're actually in Senator Nick Petris' district. Senator Petris is well known to people in our area and around the state; he has involved himself in these discussions and issues over a lengthy career in politics and government. Senator Milton Marks from San Francisco is on my right, and, of course, Senator Marks is chair of the Democratic Caucus. He chairs the Elections and Reapportionment Committee as well as being a very active member of the Senate Judiciary Committee. Senator Marks suggested that we conduct another hearing in order to provide ourselves with an update with respect to these matters. Gentlemen, do you wish to begin with any comments? SENATOR MILTON MARKS: I'd like to make a brief statement. Good morning. As a member of the Senate Judiciary Committee, I'm pleased to be part of this hearing on hate violence, an issue of deep concern to me. I have authored the California Schools Hate Reduction Act of 1991, produced public education video tapes on how to reduce hate crimes in our neighborhoods, and actively advocated for a reduction of hate crimes in our neighborhoods, schools, and on our streets. I've established {inaudible) to work towards these goals. During the summer the u.s. Supreme Court decided Wisconsin v. Mitchell. The case involved penalty enhancement provisions in hate crime penalties. The court held that such provisions do not violate First Amendment rights. As one of the principal authors on California penalty enhancement statutes with ·senator Lockyer, I have watched the Supreme Court debate closely and was very -1- pleased with the positive outcome of the Wisconsin opinion. currently, we are in the midst of an important escalation in hate crime violence in California and this hearing is both timely and exigent. we have an excellent group of speakers who will be testifying on various aspects of hate crimes. My job is to listen and to bring this wealth of knowledge back to the Senate Judiciary Committee in January to work with my colleagues in taking major action to combat hate crimes throughout our State of California. Thank you. Let me also say that Alex Park of my office, who's been working very closely on this issue, will be here shortly, and if you have any problems relating to this matter please call upon him. Thank you. SENATOR LOCKYER: Okay, Senator Marks. Thank you. Good morning, ladies and gentlemen. I would only suggest, with respect to kind of general ground rules, that we try to be concise. I've learned over the years that good points well made are the lasting ones and all of the rhetorical flourishes tend to banish in the wind. And, of course, I think that we're all of the view that there is a problem, a growing problem and one that we need to address, so descriptions of the problem are, while constructive, less needed than recommendations for a solution. I believe our first testifier -- well, perhaps since the Lieutenant Governor is here, would you object to being the first? Thank you very much for joining us. LIEUTENANT GOVERNOR LEO McCARTHY: Mr. Chairman, there's a motto over your head, behind the three of you, "In God We Trust". We might add to that but on our own courage to address this problem we must rely, even though it's not fashionable to many to address the issue of race and religious and sexual orientation prejudice in the state. I thank you for inviting me to testify this morning, and I want to express my appreciation for your own personal strong convictions and for that of your colleagues who have authored or supported legislation to address this issue. Hate violence can be described as an epidemic in the State of California. We have reports from the Los Angeles Human Rights Commission, from the ADL, from the Committee United Against Violence, SINFROM(?), other groups as well, showing us, documenting that there are many, many incidences of hate violence in the State of California. And we know that it has worsened as we enter this fourth bitter year of a recession. As economic stresses mount, we have more cases of race violence and hate violence. Now, in this diverse multicultural state, we cannot ignore this problem because to ignore it is to worsen the problem and is to accept a standard of prejudice for which we cannot accept. -2- Two years ago, Mr. Chairman, you introduced senate Bill 98 to double the criminal penalty. I was proud to support that legislation.
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