The bill amends RCW 9A.36.080 to enhance the legal framework surrounding hate crimes, specifically addressing bias-motivated defacement of private or public property. It redefines the language used in the statute to be more inclusive, changing references from "he or she" to "the person" and from "his or her" to "their," thereby promoting gender neutrality. The bill outlines specific acts that constitute hate crimes, including assault, property damage, and threats based on the victim's perceived race, religion, gender, or other characteristics. It also establishes that certain actions, such as burning a cross or defacing property with hate symbols, can create a reasonable inference of intent to threaten, which can be used as evidence in court.
Additionally, the bill clarifies that a mistaken belief about a victim's identity does not serve as a defense for committing a hate crime. It emphasizes that evidence of the accused's expressions or associations can only be introduced if directly related to the crime charged. The penalties for committing a hate crime are classified as a class C felony, and the bill ensures that victims retain the right to seek other legal remedies. Importantly, it states that the provisions do not expand civil rights or protections beyond what is already established under federal or state law.
Statutes affected: Original Bill: 9A.36.080
Substitute Bill: 9A.36.080
Bill as Passed Legislature: 9A.36.080
Session Law: 9A.36.080