(a)Except in the case of a person punished under Section 422.7, a person who commits a felony that is a hate crime or attempts to commit a felony that is a hate crime, shall receive an additional term of one, two, or three years in the state prison, at the court’s discretion.
(b)Except in the case of a person punished under Section 422.7 or subdivision (a) of this section, any person who commits a felony that is a hate crime, or attempts to commit a felony that is a hate crime, and who voluntarily acted in concert with another person, either personally or by aiding and abetting another person, shall receive an additional two, three, or four years in the state prison, at the court’s discretion.
(c)For the purpose of imposing an additional term under subdivision (a) or (b), it shall be a factor in aggravation that the defendant personally used a firearm in the commission of the offense. Nothing in this subdivision shall preclude a court from also imposing a sentence enhancement pursuant to Section 12022.5, 12022.53, or 12022.55, or any other law.
(d)A person who is punished pursuant to this section also shall receive an additional term of one year in the state prison for each prior felony conviction on charges brought and tried separately in which it was found by the trier of fact or admitted by the defendant that the crime was a hate crime. This additional term shall only apply where a sentence enhancement is not imposed pursuant to Section 667 or 667.5.
(e)Any additional term authorized by this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(f)Any additional term imposed pursuant to this section shall be in addition to any other punishment provided by law.
(g)Notwithstanding any other provision of law, the court may strike any additional term imposed by this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1995–2022 · leading case:
People v. Laster, 97 Cal. Daily Op. Serv. 1448 (Cal. Ct. App. 1997).
People v. Laster, 97 Cal. Daily Op. Serv. 1448 (Cal. Ct. App. 1997).
· cites it 3× “The jury instruction on the race enhancements (Pen. Code, § 422.75, subd. (c)) failed to define “in concert.”
People v. Thurman, 68 Cal. Rptr. 3d 425 (Cal. Ct. App. 2007).
“(a)), respectively, and on hate crime allegations (Pen. Code, § 422.75, subd. (a)). 2 The trial court declared a mistrial as to counts 1, 6, and 7 and the hate crime allegations, and set the matter for retrial.”
People v. Ellison, 196 Cal. App. 4th 1342 (Cal. Ct. App. 2011).
“(a)), and as to count 2, it was further alleged the crime was a hate crime (Pen. Code, § 422.75, subd. (a)). The information also alleged that defendant unlawfully carried a concealed firearm that was loaded (Pen.”
State v. Pollard, 906 P.2d 976 (Wash. Ct. App. 1995).
“2d at 375; see Cal. Penal Code § 422.75 (b). The court noted that the degree to which hatred comprises the reason for the selection was not explicitly stated in the statute.”
In re Badillo CA4/3 (Cal. Ct. App. 2016).
“* * * Charles Marcos Badillo seeks a writ of habeas corpus on grounds he received ineffective assistance of counsel (IAC) when his attorney failed to object at trial to an extraordinary volume of prejudicial gang evidence the prosecution introduced to support a hate-crime…”
People v. Gallegos CA4/1 (Cal. Ct. App. 2022).
“Hate Crime Allegation: Felony (Pen. Code, § 422.75(a)‒(c)) 9 “If you find the defendant guilty of the crime charged in Count One, you must then decide whether the People have proved the additional allegation that the crime committed by the defendant was a hate crime.”
P. v. Hensley CA4/2 (Cal. Ct. App. 2013).
“As to count 1, the complaint included a special allegation pursuant to Penal Code section 422.75, subdivision (a).”
People v. Cortez CA2/1 (Cal. Ct. App. 2014).
“(Pen. Code, § 422.75, subd. (b).) Appellant filed a Penal Code section 995 motion to challenge the gun use allegation, and it was amended to allege only that a principal in offense, not appellant himself, was armed with a gun.”
People v. Fallon CA2/3 (Cal. Ct. App. 2014).
“It was further alleged that each offense was a hate crime committed in concert (Pen. Code, § 422.75, subd. (b)). It was further alleged that defendant Fallon had suffered three prior serious or violent felony convictions within the meaning of Penal Code section 1170.”
White v. Uribe, 893 F. Supp. 2d 1043 (C.D. Cal. 2012).
“The jury found true the allegations that: (1) the offenses are hate crimes voluntarily committed in concert with others ( Cal. Penal Code § 422.75 (b)); and (2) petitioner personally used a deadly and dangerous weapon in the commission of the offenses ( Cal.”
— Cal. Penal Code § 422.75(a) — 1 case
People v. Gallegos CA4/1 (Cal. Ct. App. 2022).
“Hate Crime Allegation: Felony (Pen. Code, § 422.75(a)‒(c)) 9 “If you find the defendant guilty of the crime charged in Count One, you must then decide whether the People have proved the additional allegation that the crime committed by the defendant was a hate crime.”
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