HomeMy WebLinkAboutMINUTES - 03221988 - 1.54 To "BOARD OF SUPERVISORS
FROM;- Phil Batchelor ,,���n� tr.,a
County Administrator
CJ
( lJ�7lCl
DATE; March 14, 1988
SUBJECT:
Legislation: Assembly Bill 63 (Bane)
SPECIFIC REQUEST(S) OR RECCMIMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge receipt of the attached. report from the Human
Relations Commission, in response to a Board referral of December
15 , 1987, commenting on the provisions of AB 63 (Chapter 1277 ,
Statutes of 1987 ) relating to additional authority which has been
granted to individuals and prosecuting attorneys to protect
individual' s civil rights.
BACKGROUND:
On December 15, 1987 , at the request of Supervisor McPeak, the
Board of Supervisors referred. to the Human Relations Commission
and the County Administrator AB 63 by Assemblyman Tom Bane. The
Board referral enclosed a letter from Attorney General John K.
Van de Kamp indicating he was sponsoring AB 63 .
On December 29, 1987, thisoffice wrote to each Board member
enclosing a copy of the Chaptered version of AB 63 which passed
the Legislature and was signed into law by the Governor on
September 28, 1987 . A copy of the report from the Human
Relations Commission is attached which provides an analysis of AB
63 and indicates the Commission' s support for AB 63 . The Board
of Supervisors previously supported AB 63 .
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
oo
SIGNATURE(S):
ACTION OF BOARD ON March 22, 1988 Aa -PROVED AS REC(;MMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT _) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT' ABSTAIN: OF SUPERVI S ON THE DATE SHOWN.
cc: County Administrator ATTESTED
District Attorney ---
Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Chairman, Human Relations Commission
Exec. Director, Human Relations Commission � �L�iK.Q,GG�
BY ,DEPUTY
M382/7-83 —
Contra Hainan Relations Commission
• + Room 103, Adm. Bldg.
Costa 651 Pine`Street
' Martinez,II California 94553
County 372-2016
DATE: I March 1, 1988
r
TO: Claude Van Marter, Assistant County Administrator
Ca4ntm Co ,ta C of„-x•.
ekf
FROM: Cy Epstein, Chairman
'Wil e,
Fred Persily, Director MAR 1988
SUBJECT: Commission Comments on AB 63 eF!
The Board of Supervisors asked the Human Relations Commission to comment on
the recently enacted AB 63, also known as the Bane Civil Rights Act, amending
the Ralph Civil Rights Act of 1976.
Generally, AB 63 strengthens the remedies of individuals threatened by
violence or intimidation by threat of violence because of the individual's race,
color, religion, ancestry, national origin or sexual orientation.;
A new remedy is the statutory grant of authority to the aggrieved individual,
or the Attorney General or any district attorney or city attorney, to seek
injunctive relief or "other equitable relief" to protect the individual's
constitutional rights. If a court issues a restraining order against the
defendant, it must bear a statement warning the defendant that violation of the
order is a crime punishable under Penal Code Section 422.7. j
The new law provides that, upon issuance of a restraining order, the clerk of
the issuing court shall notify the appropriate law enforcement agency. The
law enforcement agency is required to serve the order upon the defendant,
thus providing further force and effect to the procedure since the appearance
of uniformed police often serves to quell malicious tendencies. i
A further remedy is the statutory grant of attorney's fees incurred in seeking
the restraining order, subject to the discretion of the court.
I
The act further provides criminal punishment for those who. would interfere
with, a person's constitutional rights because of his or her race, color,
religion, ancestry, national origin, or sexual orientation:. Damaging or
defacing property (e.g. graffitti) becomes, under the act, a more serious
crime if it is done with the purpose of interfering with a person's constitutional
rights on account of his race, religion, etc.
In summation, the Bane Act represents a step forward in racial, religious and
other human relations by making it more risky for the hate-mongers in our
society to go too far in threatening or intimidating others. It shows, once
again, that racial and religious attacks are against the law of the land and
tells our people that such hatred will not easily be tolerated.
jp/HRC