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Vandals whose actions are found to be motivated by prejudice could get up to three years in prison, if Assemblymember Kevin Shelley's bill, AB1450, passes.

Shelley (D-San Francisco) wrote the bill in response to incidents last year in which swastikas were painted on and carved into the windows of Asian-owned businesses on Irving Street in San Francisco's Sunset district.

The vandalism elicited "a strong response from neighborhood groups. AB1450 raises the penalities for hate crime vandalism to reflect the severity of these egregious acts of intimidation, bigotry and violence," Shelley said.

In 1996, California ranked third nationwide in numbers of anti-Semitic incidents of all kinds (186), according to the Anti-Defamation League, whose representative testified before the Assembly on AB1450's behalf.

The bill would allow prosecutors to try cases of hate-crime vandalism as felonies. Currently, such cases can only be tried as less-serious misdemeanors.

"There hasn't been a lot of flexibility when it comes to vandalism. It's not like arson or battery that they can charge as a felony or a misdemeanor depending on how they perceive that case," said Abbie Wolf, associate director of the San Francisco ADL.

AB1450 will change that, Shelley said.

"Passage of AB1450 will show that our society condemns hate crimes just as much as it condemns commercial burglary or domestic violence, which are also punishable as either a felony or a misdemeanor."

It's unclear what kind of effect this bill would have on the number of hate crimes that occur, but supporters hope it will send a strong message.

"You always wonder if increased punishment will act as a deterrent. But if a would-be vandal who's about to spray-paint a swastika on a temple or private home knows there will not only be felony on their record but a hate-crime conviction, I would hope they would think twice," Wolf said.

On Jan. 27, the bill passed 68-3 in the Assembly with three abstentions, including Assemblymember Carole Migden (D-San Francisco). It's now sitting in the Senate with no date for a hearing.

Shelley is optimistic about the bill passing.

"AB1450 passed unanimously out of both the Assembly Public Safety and Appropriations Committees and had overwhelming support on the Assembly floor," he noted, adding that the bill also has broad-based support from statewide organizations including the ADL and the Japanese American Citizens League.