A Summary: New Legislation Relating to Hate

AB 417 Davis
Approved by Governor Sept. 18, 1998
Prohibits the insertion of written hate materials in newspapers.  This bill was drafted to prevent the recurrence of insertion of hate materials into newspapers as was done by racist groups to celebrate Adolph Hitler's birthday.

SB 1404 Patrick Johnston, co-author Assembly member Mike Machado
Approved by Governor Sept. 24, 1998
Adds schools to the law prohibiting burning or desecration of a cross or other religious symbol on the private property of another without authorization.

AB 1450 Kevin Shelley
Approved by Governor Sept. 24,1998
Adds up to 400 hours of community service to the misdemeanor penalty of $5,000 and up to one year of jail for knowingly defacing, damaging, or destroying real or personal property of any other person for the purpose of intimidation or deprivation of their rights based on their real or perceived race, color, religion, ancestry, national origin, disability, gender or sexual orientation .

AB 1999 Sheila Kuehl
Approved by Governor, Sept. 28, 1998
Amended Section 186.21, 422.75, 11410, 13023, and 13519.6 of the penal code and added 422.76 to the penal code.
Essentially this bill eliminates existing disparities in regard to hate crimes directed against a person because of their real or perceived gender.  It imposes enhanced penalties for hate crimes based on gender.  It also requires hate crimes perpetrated on the basis of gender to be included in hate crimes reported to the California Department of Justice. 
The bill defines gender to mean a victim's actual sex, the defendant's perception of the victim's sex, and the defendant's perception of the victim's identity or appearance, whether or not that identity or appearance is different from that traditionally associated with the victim's sex at birth.  This provision is apparently aimed at people who are attacked because they are transgendered.