Boxed into a vote on outlawing spending on gender affirming care for transgender prisoners, Georgia Democrats chose a third option Wednesday.

A hate crime charge can be included in an indictment or added at some point before trial. If a jury convicts the defendant of the underlying crime, prosecutors can present evidence for a hate crime sentencing enhancement. The Georgia law also mandates collecting and reporting data on hate crimes investigated by law enforcement, which allows tracking and proper allocation of resources, Washington said. “This, to me, is a sex crime hate crime where the victims happen to be Asian,” he said. Georgia’s Supreme Court had overturned an earlier hate crimes statute in 2004, saying it was too broad.

A hate crime charge can be included in an indictment or added at some point before trial. If a jury convicts the defendant of the underlying crime, prosecutors can present evidence for a hate crime sentencing enhancement. The Georgia law also mandates collecting and reporting data on hate crimes investigated by law enforcement, which allows tracking and proper allocation of resources, Washington said. “This, to me, is a sex crime hate crime where the victims happen to be Asian," he said. Georgia’s Supreme Court had overturned an earlier hate crimes statute in 2004, saying it was too broad.