Bill Would Make Attacks on Police Officers Hate Crimes

In recent years, there have been an alarming number of high-profile crimes committed against victims based the perception of the victims’ race, ethnicity, religion, and sexual orientation. The media often refers to such acts of destruction and violence as “hate crimes.” Most states, including California, also include the definition of a hate crime in their criminal codes, often providing for harsher sentences for those convicted of a hate crime.

California law currently permits prosecutors to seek additional penalties in cases where the perpetrator was motivated by “actual or perceived characteristics of the victim,” but a proposed measure would add another group of often-targeted individuals to that list. Assemblyman Jay Obernolte, R-Big Bear, has introduced legislation that would make an attack on a peace officer—including police officers, sheriffs, and marshals—a hate crime.

Disturbing Numbers

In 2016, ten police officers were shot and killed in the line of duty in California, and more than 60 were killed nationwide. The National Law Enforcement Memorial Fund reports that this represents an increase of two-thirds over 2015. According to Obernolte, violence against police officers deserves appropriately severe punishment. “Our police officers put their lives on the line every day and it’s deeply disturbing when they are intentionally targeted because of their profession.”

Uphill Battle Ahead

While the measure may be well-intentioned, many believe that it is somewhat misguided. As a result, it may not gain a great deal of traction in the Democratic-controlled California legislature. There is also concern about adding an employment-based category to the existing hate crime laws. All of the other hate crime categories involve issues that affect society at large—including racism, homophobia, and anti-Semitism—which are generally greater than the single act in question.

Critics of the proposed bill point out that there are already increased penalties for crimes such as assault, battery, and homicide against an officer of the law. They believe that adding police and other law enforcement officials to the list of possible hate crime victims could have a diluting effect on the true definition of a hate crime.

Seek Legal Help

If you have been accused of hate crime, violence against a police officer, or any other criminal offense, it is important to seek assistance immediately. Contact an experienced San Jose criminal defense attorney to discuss your options and to begin building an effective case. Call 408-277-0377 and schedule your confidential consultation with Wesley J. Schroeder, Attorney at Law today.

Sources:

http://www.sfgate.com/politics/article/New-bill-would-create-hate-crime-for-attacks-on-10781634.php

http://www.latimes.com/opinion/editorials/la-ed-police-hate-crime-20161213-story.html