Lt. Gov. Geoff Duncan on Friday said he supports passage of a hate crimes bill, but thinks the one currently up for the Senate's consideration needs work.
“This is an important piece of legislation to get right,” said Duncan, who presides over the Senate. “It is time to make it clear that Georgians will not stand for hate and violence.”
But state Rep. Chuck Efstration, a Dacula Republican who sponsored the bill, said he worries about the legislation's future if changes are made. Amending the bill would require the House to hold a vote agreeing to any changes.
“It was a very close vote in the House already,” Efstration said. “My concern about any amendment is that it might be difficult when it comes back to the House.”
The February killing of Ahmaud Arbery, an unarmed black man, by a white father and son in Brunswick reignited calls for Georgia to pass a hate crimes law when legislators return after a months-long pandemic delay. Georgia is one of at least four states that does not have a hate crimes law on the books. A 2000 hate-crimes law was struck down by the Georgia Supreme Court in 2004 for being "unconstitutionally vague."
House Bill 426, which narrowly passed the chamber last year with a 96-64 vote, would give sentencing guidelines for anyone convicted of targeting a victim based on race, color, religion, national origin, sexual orientation, gender, mental disability or physical disability. A bill must receive 91 votes to pass the House.
If HB 426 was state law, a person convicted of a crime and proved to have been motivated by bias would face punishment ranging from three months to a year and a fine of up to $5,000 for a misdemeanor offense to at least two years in prison for a felony offense.
In addition to criminal penalties, Duncan said he believes the legislation should also include guidelines for victims of hate crimes to sue in court.
“Victims of bias-motivated violence should have recourse in civil court — I want to ensure that victims have a remedy for the rights they hold as Georgians,” he said.
Gov. Brian Kemp has indicated he's receptive to the legislation and House Speaker David Ralston, a Blue Ridge Republican, has urged the Senate to pass HB 426 as is.
And the state's two most prominent business groups — the Metro Atlanta Chamber and the Georgia Chamber of Commerce — this week called on the General Assembly to pass a hate crimes law that "aligns our state's law with our values."
Duncan said he also believes law enforcement needs to be trained to properly identify hate crimes.
“As we work through the legislation with the Senate Judiciary Committee, these are some of the specific details we will look to address,” he said.
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