(a) (1) The commission, in consultation with subject-matter experts, including, but not limited to, law enforcement agencies, civil rights groups, and academic experts, and the Department of Justice, shall develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforcement officers, addressing hate crimes. âHate crimes,â for purposes of this section, has the same meaning as in Section 422.55. (2) The commission shall consult with the subject-matter experts in paragraph (1) if the guidelines or course of instruction are updated. (3) The guidelines and course of instruction developed pursuant to this section are not regulations as that term is used in the Administrative Procedure Act (Chapter 3.5 commencing with Section 11340 of Part 1 of Division 3 of the Government Code). This paragraph is declaratory of existing law. (b) The course shall make maximum use of audio and video communication and other simulation methods and shall include instruction in each of the following: (1) Indicators of hate crimes. (2) The impact of these crimes on the victim, the victimâs family, and the community, and the assistance and compensation available to victims. (3) Knowledge of the laws dealing with hate crimes and the legal rights of, and the remedies available to, victims of hate crimes. (4) Law enforcement procedures, reporting, and documentation of hate crimes. (5) Techniques and methods to handle incidents of hate crimes in a noncombative manner. (6) Multimission criminal extremism, which means the nexus of certain hate crimes, antigovernment extremist crimes, anti-reproductive-rights crimes, and crimes committed in whole or in part because of the victimsâ actual or perceived homelessness. (7) The special problems inherent in some categories of hate crimes, including gender-bias crimes, disability-bias crimes, including those committed against homeless persons with disabilities, anti-immigrant crimes, and anti-Arab and anti-Islamic crimes, and techniques and methods to handle these special problems. (8) Preparation for, and response to, anti-Arab, anti-Middle Eastern, anti-Islamic, anti-LGBTQ, anti-Black, anti-Native American, anti-immigrant, anti-Asian American and Pacific Islander, and anti-Jewish hate crime waves, and any other future hate crime waves that the Attorney General determines are likely. (9) Identifying when a gun violence restraining order may be an appropriate tool for preventing hate crimes and the procedures for seeking a gun violence restraining order. (c) The guidelines developed by the commission shall incorporate the procedures and techniques specified in subdivision (b) and shall include the model hate crimes policy framework for use by law enforcement agencies in adopting a hate crimes policy pursuant to Section 422.87. The elements of the model hate crimes policy framework shall include, but not be limited to, all of the following: (1) A message from the law enforcement agencyâs chief executive officer to the agencyâs officers and staff concerning the importance of hate crime laws and the agencyâs commitment to enforcement. (2) The definition of âhate crimeâ in Section 422.55. (3) References to hate crime statutes including Section 422.6. (4) A title-by-title specific protocol that agency personnel are required to follow, including, but not limited to, the following: (A) Preventing and preparing for likely hate crimes by, among other things, establishing contact with persons and communities who are likely targets, and forming and cooperating with community hate crime prevention and response networks. (B) Responding to reports of hate crimes, including reports of hate crimes committed under the color of authority. (C) Accessing assistance, by, among other things, activating the Department of Justice hate crime rapid response protocol when
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