Bill seeks to add police to hate crimes law

Bill would also extend protections based on victim's sex or creed

TALLAHASSEE, Fla. – Hate-crime protections would be extended to law-enforcement officers and other first responders under a measure reintroduced Monday by Sen. Rene Garcia, R-Hialeah.

Under the proposal (SB 178), criminal penalties would be increased when “crimes evidencing prejudice” are committed against law-enforcement officers or other emergency workers.

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As an example, first-degree misdemeanors would be upgraded to third-degree felonies in such cases.

The bill comes on the heels of a deadly shooting of two police officers in Kissimmee and the shooting of two officers the same night in Jacksonville.

Tougher penalties are already in place to deal with hate crimes based on race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status or advanced age.

The Florida Police Benevolence Association said recent animosity toward police has created a need for additional protections for officers.

“There seems to be a tension across the United States. So again, if we can have somebody think twice about doing something, whether it's assaulting an officer or stealing something or whatever, we think it's a good idea," said Ken Kopczynski, of the FPBA.

 The Florida Association of Criminal Defense Lawyers said enhanced penalties already exist for those who commit crimes against on-duty police officers.

“For your more common crimes like batteries and assaults, there is a reclassification statute that basically moves the seriousness of the offense up one level," said Luke Newman, legislative chair of the FACDL.

If passed the legislation would expand protections to include off-duty officers, as well, or anyone the perpetrator perceives to be law enforcement.

But expanding hate crime protection to law enforcement and emergency service personnel could open the doors for other occupations to also ask for the same protections, criminal defense lawyers said. 

“Are construction workers next? You know, depending on your point of view, you start adding occupations. I think there could be a criticism made that there's a slippery slope involved," Newman said.

The Florida Sheriffs Association supported similar legislation last year, but said it has not yet taken a position on the bill filed Monday.

Garcia's proposal also would extend the protection based on a victim's sex or creed.

The bill is filed for the 2018 legislative session, which starts in January.

Garcia proposed a similar measure for the 2017 session, but it did not get heard in committees.

 

The News Service of Florida contributed to this report.


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