A couple of core tenets of Conservatives have been to keep government as small as possible and the laws few and simple. We as a group do not want a powerful government with extensive power and numerous laws it can use to persecute (and prosecute) “unliked people.” We realize that if we draft such powers and laws, they will eventually be used against us.
But the Leftists have pushed and championed “hate crime” laws, which tack extra penalties upon the offender if there is a difference between the offender and victim in skin color, gender, sexual preference or almost anything else.
The differences are (not all of these are applicable in all states):
- Gender identity
- Marital status
- Membership in the armed forces
- Membership in civil rights organizations
- National origin
- Perceived gender
- Sexual orientation
- Skin color
Mind you, in some cases you don’t have to be convicted of a crime first. And all that happens is having it labeled as a hate crime just makes the punishment more severe. All the prosecutors has to prove that the crime was motivated by one of the sixteen disparities listed above. Most states restrict these hate crimes to violent felonies, but in 1987 California made all violations of the law potential hate crimes. So I guess trespassing by walking across someone’s yard can get it labeled as a hate crime if the proper conditions are met.
Let me say it again, hate crimes only increase the punishment. The crime was committed, but just punishing them for that isn’t enough. You have to look into the heart and mind of the person to see why they did it just to add a few more years of prison time.
838, which goes into effect 1/1/21, will make it a hate crime to intimidate any first responder.
Chapter 8 of Title 35 of the GCA (Georgia Code, Annotated) will now read:
35-8-7.3. A peace officer shall have the right to bring a civil suit against any person, group of persons, organization, or corporation, or the head of an organization or corporation, for damages, either pecuniary or otherwise, suffered during the officer's performance of official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed.
35-8-7.4 (b) A person commits the offense of bias motivated intimidation when such person maliciously and with the specific intent to intimidate, harass, or terrorize another person because of that person's actual or perceived employment as a first responder: (1) Causes death or serious bodily harm to another person; or (2) Causes damage to or destroys any real or personal property of a person because of actual or perceived employment as a first responder without permission and the amount of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00.
(c) Any person that violates subsection (b) of this Code section shall be guilty of the offense of bias motivated intimidation and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $5,000.00, or both.
(d) Each violation of this Code section shall constitute a separate offense and shall not merge with any other crime.
(e) A sentence imposed under this Code section shall run consecutively to any sentence for any other offense related to the act or acts establishing an offense under this Code section.
(f) Charges of violating subsection (b) of this Code section shall not be prosecuted by way of an accusation but only by indictment or special presentment by a grand jury."
So let me spell this out to for you.
1. You physically hurt a first responder, even make him feel bad about his job, or even file a false complaint against him, the first responder can sue you in civil court. That’s going to be expensive right there, defending yourself, then comes the payment of damages. You’ll need to sell your house, car, wife and the kids to raise the cash you’ll need for this, win or lose.
2. You’re convicted on return of a “true bill” by the Grand Jury. No trial, no defense. Here’s an extra 1-5 years and a fine of up to $5,000. I might be reading it wrong, but I’m not seeing a stipulation for conviction of the base crime. You could get acquitted by a jury for the base crime, but you’ll still do time just because the grand jury thinks you’re a bad person.
If you do get convicted of the base crime, “consecutively” means that once you would’ve been released from custody for the base crime, you stay incarcerated and the clock on the hate crime starts. Normally, most multiple sentences run “concurrently,” or at the same time. You serve time for the longest sentence.
If this doesn’t scare you, you’re not paying attention. And all of you Leftist rioters out there, go ahead and shine that hand-held industrial laser into the eyes of a police officer and blind him. You’ll get a garnishment on every source of income you will ever have, including your Social Security.
You Leftists started this, you Leftists championed it, advocated, cajoled and pushed for hate crimes legislation. And now Karma will bite you in the ass for it. Because the laws meant to punish “racist haters” has now been turned on you. Enjoy.