Attorney General Mark R. Herring expressed disappointment Monday, Jan. 14, after a legislative committee rejected a bill to expand Virginia’s definition of hate crime to include gender, sexual orientation, disability and gender identity.
“The General Assembly has sent a clear message to those who feel vulnerable to hate and mistreatment that they will not take the measures needed to protect them,” Herring stated after the Senate Courts of Justice Committee defeated the bill with a vote 8-6 along party lines, with Democrats supporting the measure and Republicans opposing it.
Currently, the Code of Virginia refers only to individuals or groups targeted on the basis of race, religion, ethnic background or national origin as being victims of hate crime.
SB 1375, sponsored by Sen. Barbara Favola, D-Arlington, sought to expand that definition to include other marginalized groups. Herring called it a “common sense” bill and said he was disheartened that it was defeated on a party-line vote.
The bill would have brought Virginia closer to the federal definition of a hate crime, which includes “gender, sexual orientation, gender identity, or disability.”
Virginia State Police said bias-motivated crimes in the commonwealth rose from 137 in 2016 to 202 the following year.
The statistics for 2017, the most recent year available, include 89 incidents related to race, 44 to religion, 20 to ethnicity, 38 to sexual orientation and 11 to disability.
Virginia’s statistics reflect a larger national trend that shows a rise of hate crimes in the U.S. According to the Uniform Crime Reporting (UCR) Program, 7,175 hate crimes were reported nationwide in 2017. That is an increase of more than 1,000 reports from 2016.
Despite the defeat of the hate crimes bill, Herring remains optimistic about legislation that aims to impede activity by white supremacist militias and similar militant groups.
SB 1210, sponsored by Sens. Louise Lucas, D-Portsmouth, and Creigh Deeds, D-Bath, was approved by the Senate Courts of Justice Committee by a 7-6 vote and referred to the Senate Finance Committee.
The measure, which died in committee last year, was first introduced following the “Unite the Right” white supremacist rally in Charlottesville in August 2017. During that event, James Alex Fields Jr. drove his car into a crowd protesting the rally, killing Heather Heyer and injuring dozens of other counter-demonstrators.
SB 1210 “provides that a person is guilty of unlawful paramilitary activity if such person assembles with another person with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm or explosive or incendiary device or any components or combination thereof,” according to a summary by the Legislative Information System.
Such unlawful paramilitary activity would be punishable as a Class 5 felony, under the bill.
“Referring it to the Senate Finance Committee is a step in the right direction,” Herring stated. “It is time for the General Assembly to take action to protect Virginians and make sure that we prevent the kind of paramilitary activity that we saw in Charlottesville from ever happening again.”