Legislative Lookout: SB 5280 makes malicious assault of police officers a hate crime

On March 8, SB 5280 passed through the Washington state senate with a 35-14 vote, making crimes and threats against law enforcement officers a hate crime. The bill, sponsored by Sen. Jim Honeyford (R-Sunnyside) adds police officers to the protected hate crime classification, along with other protected groups like LGBTQIA+ people, people of color, and people with disabilities. The companion bill, HB 1398, sponsored by Rep. Gina McCabe (R-Goldendale) is currently in committee in the house. This type of legislation is not unique to Washington. Louisiana, Kentucky, California, and other states have also passed legislation adding the law enforcement occupation under the hate crime classification. It is unclear whether the motivation behind this legislation is to increase protection for police officers or to pander to the surge of “Blue Lives Matter” rhetoric following the shootings of police officers in Baton Rouge and Dallas. Neither Honeyford nor McCabe were willing to comment on the intention or goal of the legislation. Under current Washington law, it is assault in the third degree, a felony, to assault a police officer. It is also assault in the third degree to commit a hate crime. There are also additional protected statuses under Seattle City Law, including marital status, parental status, age, homelessness, gender identity, and political ideology. “The City of Seattle is monitoring the progress of the bill, but remains neutral at this time. They have not taken a position for or against it yet,” Seattle Police Department spokesperson Sergeant Sean Whitcomb said. According to the person who provides information for SB 5280, also called the bill staffer, this legislation doesn’t change the charge against someone who assaults a cop, but instead adds on a separate charge for a hate crime, therefore increasing the severity of the perpetrator’s sentence. The history of the hate crime classification has roots in the Civil Rights Act of 1968, with the explicit purpose of creating a federal level classification for protecting groups who have been systematically oppressed for decades, if not centuries. The bill dangerously conflates the history of violence and oppression of African Americans, Jewish people, the LGBTQIA+ community, and other protected groups, with police officers. The bill states, “The legislature also finds that a hate crime committed against a victim because of the victim’s occupation as a law enforcement officer may be identified in the same manner that a hate crime committed against a victim of another protected group is identified.” Police have not been systematically targeted and oppressed. The pressure police departments and individual officers currently face to reduce the use of excessive force, wear body cameras, or face trial if they kill someone is not comparable to the daily injustices faced by the current groups protected under the hate crime classification. Proponents of this bill and supporters of the “Blue Lives Matter” ideology will say this legislation is a reaction to increased rates of assault and violence perpetrated against police officers. According to data compiled by the National Law Enforcement Officers Memorial Fund, 135 police died on the job in 2016. Of those, 64 were shot and killed, and 21 of those shot and killed were ambushed. This is an increase in deaths from the last few years, but it is not indicative of a larger issue. Due to the relatively low numbers of police shot and killed every year, incidents like Baton Rouge and the shooting in Dallas , which resulted in the fatalities of eight officers, make it seem like there is a dramatic increase in violence against police. This is not the case. There were also spikes in killings of police in 2007 and 2011, yet the overall rates of police fatalities have been steadily declining since the 1970s. SB 5280 wouldn’t be so alarming if hate crimes against currently protected groups weren’t consistently increasing, and if more members of the Washington state legislature made attempts to combat it. Muslims, and perceived Muslims, have faced a dramatic increase in harassment, intimidation, and violence since the election of Donald Trump. In January, a Sikh man from Kent was shot in his driveway and told, “Go back to your country.” Mark Hargrove, the Washington district representative from Kent, has refused to condemn this as a hate crime, despite being probed several times by constituents on his Facebook page to do so. He also refused to comment for this story. When our elected officials fail to acknowledge and denounce hate crimes against currently protected groups, while adding police to the classification as a political play, the purpose and effectivity of the classification is diluted. The idea that police are victims of violence more than Muslims, people of color, or any other group protected under the statute, is rooted in fact-devoid ideology. “Blue Live Matter” and any legislation or policy which supports that message is damaging to those who need protection the most. Instead of creating pointless legislation aimed at further protecting police, write legislation protecting those who actually need it. Reach columnist Emma Arends at opinion@dailyuw.com. Twitter: @emmarends

Legislative Lookout: SB 5280 makes malicious assault of police officers a hate crime

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