1,000 signatures reached
To: Georgia General Assembly
HB 426- Ahmaud Arbery Hate Crimes Act
HB426 was passed without the necessary amendments to protect humanity.
I want the Georgia General Assembly to pass HB 426 as "The Ahmaud Arbery Hate Crimes Act" with the proposed definitions, modifications and sentencing.
DEFINITIONS
For the purposes of defining protected class and designated acts, the term:
(1) “Protected class” applies to the actual or perceived race, color, religion, ethnicity, gender, sexual orientation, age, disability, matriculation, familial responsibility, homelessness or political affiliation of a victim.
(2) “Bias-related crime” means a criminal act such as an infraction, misdemeanor or crime of felony motivated by a bias or prejudice against a person or entity of a protected class.
(3) “Designated act” means a criminal act motivated by a bias or prejudice to an individual or entity of a protected class, including arson, assault, burglary, filing a false police report or making a false statement to law enforcement, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, unlawful detainment or unlawful entry; And attempting, aiding, abetting, advising, inciting, conniving, or conspiring to commit arson, assault, burglary, filing a false police report, making a false statement to law enforcement, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, unlawful detainment or unlawful entry.
PROPOSED MODIFICATIONS
(a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the state of Georgia or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim identified in a protected class.
(b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of the state of Georgia or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim identified in a protected class.
(c) Create a civil remedy allowing treble damages.
(d) Mandates collection and dissemination by the governor of data on “incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation or national origin.
(e) All laws and parts of laws in conflict with this Act are repealed.
PROPOSED SENTENCING
Any person convicted of violating sections (a) or (b) shall be punished:
i) If the offense for which the defendant was convicted is a misdemeanor, impose a sentence of imprisonment for a period of not less than three nor more than 12 months,
and a fine not to exceed $5,000.00;
ii) If the offense for which the defendant was convicted is a misdemeanor of a high and
aggravated nature, impose a sentence of imprisonment for a period of not less than six nor more than 12 months, and a fine not to exceed $5,000.00;
iii) If the offense for which the defendant was convicted is a felony resulting in no bodily injury, impose a sentence of imprisonment for a period of not less than two years.
iv) If the offense for which the defendant was convicted is a felony resulting in bodily injury but not death, impose a sentence of imprisonment for a period of not less than two years-no probation.
v) If the offense for which the defendant was convicted is a felony resulting in death, impose a sentence of imprisonment for a period of not less than four years-no probation.
vi) Community service can only be granted in misdemeanor sentencing. and must be completed within 350 days of sentencing.
DEFINITIONS
For the purposes of defining protected class and designated acts, the term:
(1) “Protected class” applies to the actual or perceived race, color, religion, ethnicity, gender, sexual orientation, age, disability, matriculation, familial responsibility, homelessness or political affiliation of a victim.
(2) “Bias-related crime” means a criminal act such as an infraction, misdemeanor or crime of felony motivated by a bias or prejudice against a person or entity of a protected class.
(3) “Designated act” means a criminal act motivated by a bias or prejudice to an individual or entity of a protected class, including arson, assault, burglary, filing a false police report or making a false statement to law enforcement, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, unlawful detainment or unlawful entry; And attempting, aiding, abetting, advising, inciting, conniving, or conspiring to commit arson, assault, burglary, filing a false police report, making a false statement to law enforcement, injury to property, kidnapping, manslaughter, murder, rape, robbery, theft, unlawful detainment or unlawful entry.
PROPOSED MODIFICATIONS
(a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the state of Georgia or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim identified in a protected class.
(b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of the state of Georgia or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim identified in a protected class.
(c) Create a civil remedy allowing treble damages.
(d) Mandates collection and dissemination by the governor of data on “incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation or national origin.
(e) All laws and parts of laws in conflict with this Act are repealed.
PROPOSED SENTENCING
Any person convicted of violating sections (a) or (b) shall be punished:
i) If the offense for which the defendant was convicted is a misdemeanor, impose a sentence of imprisonment for a period of not less than three nor more than 12 months,
and a fine not to exceed $5,000.00;
ii) If the offense for which the defendant was convicted is a misdemeanor of a high and
aggravated nature, impose a sentence of imprisonment for a period of not less than six nor more than 12 months, and a fine not to exceed $5,000.00;
iii) If the offense for which the defendant was convicted is a felony resulting in no bodily injury, impose a sentence of imprisonment for a period of not less than two years.
iv) If the offense for which the defendant was convicted is a felony resulting in bodily injury but not death, impose a sentence of imprisonment for a period of not less than two years-no probation.
v) If the offense for which the defendant was convicted is a felony resulting in death, impose a sentence of imprisonment for a period of not less than four years-no probation.
vi) Community service can only be granted in misdemeanor sentencing. and must be completed within 350 days of sentencing.
Why is this important?
We must send a clear message that there is no place for the inhumane treatment of any citizen within the state of Georgia. The modifications I am proposing will make this one of the strongest Bipartisan Hate Crime bills in the nation. I need your support. Let's make Georgia better for ALL of Us! Please sign my petition and share it with everyone you know.