Section 422.85 Of Chapter 2. Crimes And Penalties From California Penal Code >> Title 11.6. >> Part 1. >> Chapter 2.
422.85
. (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, gender identity,
gender expression, or sexual orientation, including, but not limited
to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or
11413, or for any hate crime, the court, absent compelling
circumstances stated on the record, shall make an order protecting
the victim, or known immediate family or domestic partner of the
victim, from further acts of violence, threats, stalking, or
harassment by the defendant, including any stay-away conditions the
court deems appropriate, and shall make obedience of that order a
condition of the defendant's probation. In these cases the court may
also order that the defendant be required to do one or more of the
following as a condition of probation:
(1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
(3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
(b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.