LINE PROCEDURE LP-50-20: REPORTING HATE CRIMES
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POLICY
The Police Division will strive to protect the rights of all citizens in Henrico County by investigating all individuals and/or groups who commit hate crimes.
DISCUSSION
The individual rights of every citizen are constitutionally protected. Although the Code of Virginia provides a specific definition of groups covered under the definition “hate crimes,” all citizens and/or groups (i.e. Jewish ancestry, sexual orientation, or otherwise) are to be provided protection against biased-motivated and hate-motivated acts. Individuals who perpetrate crimes against persons or their property will be subject to criminal investigation and prosecution.
DEFINITION
For the purpose of this directive, a hate crime is defined as (Code of Virginia §52-8.5):
1. A criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of the Commonwealth or of the United States,
2. Any illegal act directed against any persons or their property because of those persons’ race, religion, gender, disability, gender identity, sexual orientation or ethnic or national origin, and
3. All other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin.
PROCEDURE
I. INVESTIGATION AND RESPONSE
A. When an officer encounters an incident, act, or information which may be considered a hate crime, the officer is encouraged to make contact with the CASE Supervisor who is on ‘call back’ status to determine if an immediate response is required. The incident shall be documented on an ICR and an FYI sent to the CASE supervisor who was consulted when submitting the report in PRIME.
B. Follow-up investigation shall be the responsibility of the appropriate section.
C. Additionally, if the investigation reveals a hate crime has in fact occurred, the CASE Unit is responsible for completing and forwarding a Reporting Hate Crimes form (HCPD-341) to the Virginia State Police.
II. RETENTION OF REPORT OF HATE CRIME FORM
The Commander, CASE will be responsible for the retention of the original HCPD-341 in accordance with the State Library of Virginia Records Retention and Disposition Schedule.
