Hate crimes proposal drives Georgia legislators apart
Demonstrators paused during a march June 13 on a route from Centennial Olympic Park to the Georgia Capitol and to Atlanta police headquarters. Credit: Kelly Jordan
A new version of this story exists, updated to reflect late Monday actions taken by the Senate Rules Committee. See the new version here.
By Maggie Lee
Georgia House Bill 426 started as a near-copy of a law most states already have: extra penalties for crimes motivated by hatred of the victim’s race, religion, gender or so on. More than a year later, the state Senate heard the bill and added police to the list of protected victims. Now it’s unclear if any hate crimes bill at all will pass by the time the annual legislative session ends Friday.
This shows that not all the fault lines in the state Legislature are partisan.
If the traditional, commonplace hate crimes bill as first written doesn’t pass, “it really will be an embarrassment to this state,” said state House Rules Committee Chairman Richard Smith, R-Columbus, last week.
He’s pretty much second in power only to House Speaker David Ralston, R-Blue Ridge, who has for months used every chance he has to call for the passage of House Bill 426.
“Hate crimes need to be passed. It’s just that simple,” Ralston said again last week. If somebody thinks it needs amendments, Ralston suggested they wait to add onto it next year, not change the bill that the House has passed already.
But the House vote was close back in 2019. A handful of Republicans like Smith crossed over to vote with mainly Democrats to pass House Bill 426 and send it to the state Senate for consideration.
And in the Senate the bill sat until last week, when the state Legislature returned from a break forced by COVID-19.
Lawmakers returned to a different political climate after new outrage touched off by the shooting death of black jogger Ahmaud Arbery in Brunswick as well as the deaths of other Black Americans.
The Georgia Chamber of Commerce, along with a group of civil rights organizations, thanked Ralston and other House leaders for passing 426.
“Prioritizing equality and inclusion in our society remains paramount to Georgia’s continued ability to be the best state in which to live and do business,” their statement read.
But what a hate crimes bill would do is send a signal that the Georgia Legislature is aware of the dangers of racism and homophobia, that it acknowledges the fear and intimidation caused by loud and sometimes violent hatred.
The enhanced penalties for hate crimes in the House bill could be as little as a fine for a misdemeanor, rising in steps to more than two years in prison for felonies.
Last week, Republican Lt. Gov. Geoff Duncan announced his own hate crimes bill that would protect more types of people than the House bill.
What got attention was Duncan’s inclusion of “culture,” status of having been involved in civil rights activities, “exercise of religious beliefs” (separate from “religion”) or first amendment rights.
Those aren’t generally part of hate crimes legislation across the country.
Critics raised questions about what his bill meant, and if it could survive a state Supreme Court challenge for vagueness. After all, that’s what ended Georgia’s old hate crimes law in 2004. For example, what about a secular action that’s tied to one’s religion? And what qualifies as “culture” or “ancestry?”
(Duncan’s bill also required an annual report on hate crimes that would be kept secret.)
But that bill did not last long anyway. The State Senate Judiciary Committee held a hearing on hate crime legislation and passed what’s basically House Bill 426, but added “first responders” to the protected classes.
That is, firefighters, EMTs and police.
That law enforcement class appears in Louisiana’s hate crime law, but not in that of any other state, according to a 2019 state law list compiled by the nonpartisan National Conference of State Legislatures.
State Sen. Bill Cowsert, R-Athens, said police need protection for several reasons. For one, he said Atlanta police are walking off the job because they are not appreciated.
(Atlanta police acknowledged a higher-than-usual number of officers calling in sick one night after DA Paul Howard announced a murder charge against an officer in the shooting of Rayshard Brooks. The police said they had enough resources to maintain operations.)
“All we’re doing with this Senate version is saying it’s important for us to protect our first responders,” Cowsert said.
Just before voting for the amended bill, state Sen. Brian Strickland, R-McDonough and one of Gov. Brian Kemp’s liaisons to the Senate, said that he hopes House and Senate, Republican and Democrat can get together and say: “We stand up against all forms of hate in our state.”
Democrats were not impressed.
Atlanta state Senator and Democratic Party of Georgia Chair Nikema Williams called the insertion of police a “Republican hijacking,” and said the GOP were only pretending to act on a hate crimes bill.
State Sen. Elena Parent, D-Atlanta, said adding law enforcement amounted to putting a poison pill in the bill to kill it.
That vote happened on Friday, Juneteenth, by the way.
The next day, state Sen. David Lucas, D-Macon, an African-American man, went to the floor of the state Senate.
“In a hate crime bill that’s been brought along by incidents by police,” Lucas said, “… to take them and put them in a protected class in the hate crime bill? I would never vote for it. Never.”
Lucas pointed out that the law already provides extra charges for people who interfere with police who are on the job. He said he will fight a hate crime bill that has an occupation in it. That’s different from a category someone is born to.
He pointed to the back of his hand: “Do you know what it’s like to be like this? Do you know what it’s like?”
The full Senate could hear the committee version of 426 as soon as Tuesday.
That will show if Republicans in the Senate are liable to split like their House colleagues. Or not.
The legislative session ends Friday.
List of state hate crime laws as of 2019, complied by the nonpartisan National Conference of State Legislatures