Seawright Seeks Tougher Hate Crime Laws, Anti-Hate Training
Assembly Member Rebecca Seawright is calling for stricter state hate crime laws that would enhance prosecutions and require judges to order special "anti-hate" training for every person convicted of a hate crime.
The Seawright proposal would plug a loophole in the current law and would make "anti-hate" counseling mandatory.
"Education is one important key to tolerance and respect for others and is essential to keeping the community safe from hateful acts and violence," said Seawright. "The state should require the completion of a program, training session, or counseling developed or authorized by the court or local agencies in cooperation with organizations serving the affected community."
“At a time of continued hate crimes, particularly anti-Semitic attacks, including violence against Jews on the streets of New York, the SWC commends Assembly Member Rebecca Seawright for this important legislative initiative,” said Michael D. Cohen, Eastern Director of the Simon Wiesenthal Center. “It will help ensure that criminal acts against any New Yorker where hate may be a motivator, will be fully investigated and pursued to the full extent of the law. Assembly Member Seawright deserves the support of her legislative peers and all New Yorkers.”
Reports of hate crimes have been steadily increasing over the past several years. According to FBI reports, in New York City, reports of hate crimes reached a record 7175 incidents in 2017, the most since hate crime data collection began in 1995. The 2017 tabulation represented a 17 percent increase above the 6121 hate crime incidents in 2016.
Nationally, attacks on people motivated by bias or prejudice reached a 16-year high in 2018, according to the FBI. Physical assaults against people accounted for 61 percent of the 7,120 incidents classified as hate crimes by local law enforcement officials nationwide.
Prosecutors are required to demonstrate bias intent and state of mind of the defendant. To make their case, prosecutors often check for prior history of statements and other evidence to show patterns.
The Seawright proposal would allow the judge to decide whether the burden of proof should shift to the defense. The defense would be required to prove that no bias or hateful intent was associated with the underlying criminal act.