AB 485 Hate Crimes: Reporting

Effective January 1, 2023, Assembly Bill (AB) 485 requires law enforcement agencies to post the information sent to the California Department of Justice regarding hate crime data to be posted monthly on the agency website.

2024 Monthly Hate Crime Stats 

Hate Incident Vs. Hate Crime

While there is a distinction between hate crimes and hate incidents, the Los Altos Police Department takes reports regarding both Hate Crimes and Hate Incidents.

Hate Incident

Any non-criminal act, including words, directed at a person(s) and motivated by bias against a person, group, or place.  A hate incident is an action or behavior motivated by hate or bias but legally protected by the First Amendment right to freedom of expression.  A hate incident follows all of the same policies and laws as described in a hate crime.

Hate incidents include, but are not limited to, the following:

• Utterance of epithets;
• Distribution of hate materials in public places;
• Posting of hate materials without causing property damage; and
• The display of offensive materials on one’s own property.

The freedoms guaranteed by the U.S. Constitution, such as the freedom of speech, allow hateful rhetoric as long as it does not interfere with the civil rights of others. If this type of behavior escalates to threats against a person, that activity would be classified as a hate crime.

Hate Crime

Any criminal act or attempted criminal act directed against the victim, in whole or in part, because of the actual or perceived characteristics of the victim.

Pursuant to Penal Code Sections 422.55 and 422.56, such characteristics of a hate crime and their definitions are:

• Disability – Includes mental or physical disability regardless of whether the disability is temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness;
• Gender – Means sex and includes a person’s gender identity and gender expression (such as a transgender person).  “Gender expression” means a person’s gender-related appearance and behavior regardless of whether it is stereo typically associated with the person’s assigned sex at birth;
• Nationality – Means country of origin, immigration status, including citizenship, and national origin;
• Race or Ethnicity – Includes ancestry, color, and ethnic background;
• Religion – Includes all aspects of religious belief, observance, and practice, including agnosticism and atheism;
• Sexual Orientation – Means heterosexuality, homosexuality, or bisexuality; and/or
• Association with a person or group with one or more of the above actual or perceived characteristics.  This includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed above.

A hate crime is an actual or attempted criminal act committed against a victim or the property of a victim because the victim is perceived to possess a protected characteristic.

If you believe you have been the victim of a hate crime or a hate incident, contact the law enforcement jurisdiction where the incident occurred to speak with an officer. If it is an emergency, call 9-1-1.

Reporting

Hate crimes and hate incidents are under reported.  The Los Altos Police Department accepts reporting of both hate crimes and hate incidents.

When someone files a report as a victim, witness, or advocate for a victim of a hate crime or a hate incident, we identify areas in need of intervention and prevention resources such as education and protection of the victim’s legal rights.  The victim, witness, or advocate for a victim has the option to consent to receive free follow-up and additional support with resources in their community.

What to expect when Reporting a Hate Crime or a Hate Incident

To assist in documenting a hate related incident on a report, please provide the following information to the responding officer:

• Where did the incident occur?
• What happened? Describe the incident in detail.
• Was any hate speech used towards you or others before, during, or after the hate act was committed?
• Who committed a hate act against you?
• If you know or saw the person who committed the hate act against you, describe the suspect as best as possible.
• Provide the officer with any video footage or pictures you may have of the incident, or of any damage sustained as a result of the incident (e.g., cell phone video of suspect, pictures of graffiti).
• Let our officers know if you would like to remain anonymous on your report.

If it is an emergency, call 9-1-1. If reporting a cold (after the fact) hate crime or incident, contact the Los Altos Police Department 24/7 business number (650) 947-2770 for assistance.