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GOVERNOR SCHWARZENEGGER SIGNS HATE CRIMES BILL, BUT VETOES EQUAL EMPLOYMENT OPPORTUNITY LEGISLATION

September 30 marked the deadline for Governor Schwarzenegger to sign or veto bills that made it to his desk this year.  The administration kept us in suspense until the very end.  While there were a number of bills that AACRE monitored this legislative session, of the two key bills that we told you about just after session ended a month ago, one was signed and the other vetoed.  The Governor signed AB 2428 (Chu), also known as "Kenny's Law," to increase protections for victims of hate crimes and their families.   He vetoed AB 2275 (Dymally), which would have clarified that public sector equal employment opportunity programs are permissible and should be encouraged even after the passage of Prop 209.

AB 2428 (Chu): SIGNED.  This bill, introduced by Assemblymember Judy Chu (D-Monterey Park), will strengthen protections for surviving victims of hate crimes and their families by requiring that, absent compelling circumstances, a protective order be issued to protect against continued harassment, stalking, or violence following the release of a hate crime perpetrator on parole, probation, or in a conditional release program.  The bill will also promote programs for the rehabilitation of hate crime perpetrators.  Dubbed "Kenny's Law," this bill is a response to the brutal slaying of 17 year-old, Taiwanese American Kenny Chiu, who was stabbed to death by a white supremacist neighbor with a history of stalking and vandalizing the property of the Chiu family.   Following September 11, many API, Arab American, and Muslim communities also saw a rise in hate-motivated attacks. 

The Chiu family courageously transformed their personal tragedy into a lasting legacy of stronger protections for hate crime victims in California, and Kenny's father, Christopher Chiu, traveled to Sacramento on two occasions to personally testify at the committee hearings on this bill.  That made a significant impact on lawmakers in the State Capitol.  Many of you also sent in letters of support and made your views known to legislators and the Governor's office.  Ultimately, 52 organizations and over 100  individuals were listed in support of the bill.  There was no opposition.  This was a strong showing of support that made all the difference in efforts to get this bill signed into law.

A special thanks should also go to Assemblymember Judy Chu, who has passionately carried legislation to strengthen protections for hate crime victims and held public hearings throughout the state on the impact of hate crimes since she first arrived in Sacramento. 

AB 2428 is co-sponsored by the Asian Pacific American Legal Center (APALC) and Chinese for Affirmative Action.  The bill was signed on September 27.  Assemblymember Chu will be joined by Kenny Chiu's father, Christopher Chiu, and Stewart Kwoh, APALC's Executive Director, at a press conference on Monday, October 4, in Monterey Park, to celebrate the passage of the bill.  A press release follows below. 

AB 2275 (Dymally): VETOED.   This bill, introduced by Assemblymember Mervyn Dymally (D-Compton), would have clarified that state agencies can and should maintain equal employment opportunity programs in a constitutionally permissible manner following the passage of Proposition 209, which prohibited certain affirmative action activities.  The bill would have also helped  to define the State Personnel Board's role in monitoring and ensuring that the employment practices of state agencies are consistent with federal and state workplace anti-discrimination requirements. 

The bill was vetoed on September 30.  However, the Governor indicated in his veto message that he is willing to consider legislation on this subject in a different form.  Look for this issue to revisit us next year.

OTHER LEGISLATION
We will soon send out a more comprehensive record of what happened to the bills that AACRE highlighted this past legislative year.  Also, please look out for our 2004 Report Card on the Legislature and Governor later this fall. 

Vivek K. Malhotra | Legislative Advocate | AACRE
926 J Street, Suite 701 | Sacramento, CA 95814 | tel 916.321.9001 | fax 916.448.6774
vmalhotra@caasf.org Asian Americans for Civil Rights and Equality (AACRE) is a joint project of Chinese for Affirmative Action and the Asian Pacific American Legal Center.