California Assembly Bill 312

California Assembly Bill 312Civil Rights for Homeless PersonsAB 312HomelessIndividuals who lack a fixed, regular and adequate nighttime residence

Individuals who have a primary nighttime residence that is An operated shelter A temporary residence for individuals intended to be institutionalizedA place not designated for a regular sleeping accommodation for human beings. - US Department of Urban Housing and Development

AB 312The New Hate Crime?

http://www.youtube.com/watch?v=RiIEe4DGp68 AB 312What Is A Hate-Crime?

Bias-motivated violent crime typically targeting victims on the basis of their membership to a certain social group

Is violence against a homeless person a hate-crime?

AB 312How Many Americans Are Actually At Risk?

1.6 million homeless in USOut of 36 million Californians, 170,000 are homelessIn California, 18% of homeless are veterans In California, 20-25% of homeless individuals suffer from mental illness Approximately 30% identify as LGBT 5AB 312Is Violence Against The Homeless Really A Problem in the US?

1999-2010

1,184 bias-motivated assaults312 homeless lost their livesViolence reported in 47 states75% of attackers under age 2588 % of perpetrators were male

AB 312Hate/Assault Crimes 1999-2010

AB 312Is Violence Against The Homeless Really A Problem in the California?

AB 312

Where Hate/Assault Crimes Occur 1999-2012AB 312This IS A Problem In California

Second-highest rate of violence against homeless people

1999-2009213 bias-motivated assaults in 48 cities48 resulted in death

Victims reported being set on fire, stabbed, shot, raped & beaten with baseball bats and golf clubs

AB 312Deaths From Bias-motivated AssaultsVs. Deaths From Assaults Against A Homeless Person

1999-2010

111 people killed based on their race, ethnicity, religion, and sexual orientation

312 homeless individuals killed as a result of an assaultAB 312Discussion Question:

Should an assault against a homeless person for being homeless be classified as a hate-crime?

AB 312California Assembly Member Bonnie Lowenthal Says HELL YES!

So, she wrote AB 312

AB 312Whos Bonnie?Democratic Assembly Member

54th District Southern California (LA/Long Beach)

Masters in Community and Clinical Psychology

AB 312Bonnie also wrote the similar bill AB 2706 the year before

Then Governor Schwarzenegger vetoed AB 2706 stating that it is unclear whether or not these people are specifically targeted because they are homeless.AB 312Whats The Bill All About?

The Ralph Civil Rights Act prohibits violence or threats of violence based on race, gender, religion, sexual orientation, age, disability, marital status, political opinion and position in a labor dispute

AB312 grants same civil protection for those with status as a homeless person

AB 312Who Supported It?

United States Veterans InitiativeCalifornia Peace Officers AssociationConsumer Attorneys of California California National Organization of WomenCalifornia State Sheriffs AssociationPeople Assisting The Homeless (PATH) and many moreAB 312Who Opposed It?

None opposed.AB 312What do you think was the fate of the bill?AB 312What Happened?

Vetoed by Jerry BrownAugust 5th, 2011

This bill [would create] new private and administrative enforcement remedies. It is undeniable that homeless people are vulnerable to victimization, but California already has very strong civil and criminal laws that provide sufficient protection.

AB 312Can An Amendment Really Make A Difference?

Florida (Highest rate)May 11, 2010 Governor Charlie Crist signed state crime legislation which added homeless status

Two years later.

AB 312

VictimRonald PoppoAge 65129 IQSome CollegePerpetratorRudy EugeneAge 31Arrested 8x for AssaultMental Health IssuesMay 26, 2012 Miami, Florida Cannibal Attack Against A Homeless Person AB 312ProsProtect civil rights of the homelessEncourage victims to pursue perpetratorsDiscourage violators from making assaultsDamages awarded to victimsReduce violence against the homeless

ConsMost homeless victims can not pay for a private attorneyThe homeless are already protected under current legislation for assaultOpens the door to add any marginalized group to the Ralph Act

AB 312Discussion Question:

Would such legislation have a more significant impact on violent crime against the homeless or administrative costs for law enforcement? Thanks Yall.Fin