Assemblymember Evan Low wants to add bias and selective targeting criteria to the state’s hate crime definition; public defenders call it redundant and overbroad, and risks diluting the statu…
A South Bay assemblymember is looking to expand the state’s definition of a hate crime, a pursuit he says will ensure that crimes targeting populations like Asian Americans and LGBTQ+ people are fully prosecuted when bias is evident but not demonstrated explicitly enough to satisfy existing legal thresholds., which would add “bias motivation” and “selective targeting” components to the statutory description of a hate crime.
“Although AB 1064 is well intentioned, CPDA must oppose because it is redundant and, more notably, so overbroad that it would encompass all opportunistic crimes,” reads a letter from the association, whose board includes public defenders from Santa Clara, Alameda, Contra Costa and San Francisco counties.
“We see people getting assaulted and robbed, and we think it should be a hate crime, and that a jury should consider it a hate crime,” he said. “People are frustrated … We think a crime can be hate motivated even if we don’t have a racial slur, or an indication that a person was in the Ku Klux Klan or the Proud Boys.”
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