1. (a) An “Adjudicating Agency” means the Employing Agency or an Appropriate Oversight Agency that, following an investigation, determines whether a Subject has engaged in Covered Misconduct, subject to any administrative appeals taken pursuant to Sections 3304 and 3304.5 of the Government Code.
2. (b) To “Advocate” or “Advocacy” means to communicate, to at least one other person, any form of Support for a person, Organization, or concept.
3. (c) “Appropriate Oversight Agency” means a state or local government agency or entity that investigates or prosecutes, in the normal course of business, allegations that Peace Officers have engaged in misconduct, and which has authority to investigate Peace Officers employed by the Employing Agency.
4. (d) To “Coordinate” or “Coordination” means to pursue an objective or goal by connecting, unifying, or transmitting communications between multiple groups, factions, or individuals.

5. (e) “Covered Complaint” means any statement received by an Employing Agency or any Investigating Agency in writing or orally, in person, or by any other means, whether with identification of the complainant or anonymously, that contains allegations of Covered Misconduct or contains facts supporting the possibility of Covered Misconduct regarding a Peace Officer employed by the Employing Agency, whether or not those allegations or facts have Sufficient Particularity to Investigate.

   1. (1) “Internal Complaint” means any Covered Complaint made by an employee to their Employing Agency or the responsible Investigating Agency about a Peace Officer employed by the Employing Agency.
   2. (2) “Public Complaint” means any Covered Complaint that is not an Internal Complaint.
6. (f) “Covered Misconduct” means Membership in a Hate Group, Participation in Any Hate Group Activity, or Advocacy of Public Expressions of Hate, occurring within the seven years preceding the report of any portion of the Covered Complaint to any government agency, and after the Subject has reached the age of 18.
7. (g) “Employing Agency” means any state or local agency or department in California that employs Peace Officers.
8. (h) To “Facilitate” or “Facilitation” means to provide any form of assistance toward the accomplishment of a plan or objective.

9. (i) “Findings” means the conclusions of an investigator or team of investigators from an Investigating Agency as to each of the following:

   1. (1) Identification of each instance of Covered Misconduct either alleged in a Covered Complaint or discovered in the course of the investigation;
   2. (2) For each instance of possible Covered Misconduct identified in subdivision (i)(1), a conclusion, supported by adequate evidence, of whether each element, as identified in Section 999.308, has been established; or a conclusion, supported by adequate evidence, that any element cannot be established or has not been established following an investigation;
   3. (3) All established facts, and evidence, supporting the conclusions in subdivision (i)(2);
   4. (4) An accounting of all material evidence that is inconsistent with the conclusions in subdivision (i)(2).
10. (j) To “Further” means to Advocate, Coordinate, Facilitate, or Support.
11. (k) “Genocide” has the same definition as Section 13680, subdivision (a), of the Penal Code.
12. (l) “Hate Crime” has the same definition as Section 13680, subdivision (b), of the Penal Code.
13. (m) “Hate Group” has the same definition as Section 13680, subdivision (c), of the Penal Code.

14. (n) “Investigating Agency” means an Employing Agency or Appropriate Oversight Agency with responsibility for the assessment and investigation of some or all Covered Complaints involving the Employing Agency's Peace Officers.

    1. (1) “Investigative Unit” is the component of an Investigating Agency with responsibility for the assessment and investigation of a Covered Complaint following receipt of the Covered Complaint.
15. (o) “Membership in a Hate Group” has the same definition as Section 13680, subdivision (d), of the Penal Code.

16. (p) “Organization” means a group of two or more people that bears at least one of the following traits:

    1. (1) A formal or informal name for the group used by two or more constituent individuals;
    2. (2) Periodic meetings of two or more constituent individuals, whether in person, online, or by any other means;
    3. (3) The maintenance by any constituent individual of a list of some or all constituent individuals; or
    4. (4) The maintenance of a meeting site, whether physical or virtual, used by two or more constituent individuals.
17. (q) “Participation in Any Hate Group Activity” has the same definition as Section 13680, subdivision (e), of the Penal Code.
18. (r) “Peace Officer” has the same definition as Section 13680, subdivision (f), of the Penal Code.
19. (s) “Public Expression of Hate” has the same definition as Section 13680, subdivision (g), of the Penal Code.
20. (t) “Sufficient Particularity to Investigate” means the Covered Complaint includes any detail that indicates further investigative activities may be reasonably calculated to prove or disprove any material allegations in that complaint.
21. (u) “Subject” means a Peace Officer about whom a Covered Complaint was made, or about whom evidence has been discovered in the course of an investigation indicating a likelihood of Covered Misconduct.
22. (v) To “Support” means to provide any form of encouragement, agreement, or assistance to a person, Organization, concept, plan, or objective. Support includes, without limitation, financial support; enrollment as a member of an Organization; public association of one's name or identity with any person, Organization, concept, plan, or objective; or providing labor to any person, Organization, concept, plan, or objective.
23. (w) To “Sustain” or “Sustained” has the same definition as Section 13680, subdivision (h), of the Penal Code.

Note: Authority cited: Section 13682, Penal Code. Reference: Sections 13680 and 13682, Penal Code.

History

1. New chapter 20 (articles 1-4), article 1 (sections 999.300) and section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history of chapter 20, article 1 and section, see Register 2022, No. 18.