The issue of extending Texas’ hate crimes statute to police officers was raised by Governor Greg Abbott this summer after five police officers were killed in Dallas and again when a police officer was killed in San Antonio.
The Texas governor wants the targeted killing of a police officer to be deemed a hate crime and called on lawmakers to send him such a bill to sign during next year’s legislative session.
Louisiana already has a so-called “blue lives matter” law. Recently, police made what appears to be the first arrest under the extension of the hate crimes laws.
Blue Lives Matter laws remain controversial
The Times Picayne reported a man was arrested in September in New Orleans and charged with a hate crime and other offenses after police reported he damaged a window at a hotel and then shouted abuse at a witness and officers.
Raul Delatoba, 34, was charged with simple criminal damage to property, disturbing the peace and a felony-level hate crime, according to his arrest warrant. He is accused of using racial and sexist slurs against police officers.
The Anti-defamation League said the arrest appeared to be the first time Louisiana’s so-called “blue lives matter” law has been used to charge someone with a hate crime involving police.
Louisiana’s hate crimes law makes it an offense to commit specific “underlying offenses” when the victim is chosen due to their race, gender, religion, sexual orientation, age, nationality, age, or due to their “actual or perceived employment” as a law enforcement officer, emergency medical services member or a firefighter.
If the underlying offense is a felony, the hate crime element can tack on another five years in prison and a $5,000 fine in Louisiana. When the underlying offense is a misdemeanor, the hate crime can add another six months in jail and a $500 fine.
The mass shootings of police officers occurred during a Black Lives Matter protest in Dallas following the deaths of two black men at the hands of police officers. On July 7, Micah Xavier Johnson opened fire on officers. Abbott wants to extend hate crime protections to law enforcement officers.
His measures would increase criminal penalties for any offenses in which the victim is a law enforcement officer. Abbott wants to foster a “culture of respect for law enforcement” by educating young Texans on the value police bring to their communities.
The Anti-Defamation League was critical of Abbott’s proposal. The ADL said hate crime laws are intended to apply to offenders who target people for characteristics, such as race, religion and national origin as opposed to the job they do.
If you are charged with a hate crime in Texas, you should contact an experienced Fort Worth criminal defense lawyer as soon as possible.
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