Published: July 5, 2001
HATE
CRIMES LEGISLATION CLEARS
SENATE
JUDICIARY COMMITTEE
THE MEASURE WILL INCREASE THE MINIMUM DAMAGES THAT MAY BE AWARDED FOR VIOLATIONS OF VARIOUS CIVIL RIGHTS ACTS.
Sacramento-Assembly Bill 587 authored by Assembly Member Marco Antonio Firebaugh (D-Cudahy) passed the Senate Judiciary Committee on Tuesday: by a vote of 4 to 0. The bill strengthens existing hate crimes provisions by allowing government attorneys to bring actions on behalf of hate crimes victims.
"Allowing government attorneys to prosecute these oases has a number of advantages," said Firebaugh. "First, the civil penalties may be sought on behalf of hate crime victims at no cost to the victim. Second, allowing these attorneys to prosecute these cases makes it more likely that hate crimes will be reported and that the perpetrators will be dissuaded from future violations."
AB 587, sponsored by Attorney General Bill Lockyer, will allow individuals victimized by hate crimes protected under the Bane Civil Rights Act to report these crimes to government attorneys (e.g. the Attorney General, district attorney, or civil attorney) and allow those attorneys to seek civil penalties up to $25,000 for violations. In addition, the bill raises the minimum damages that may be awarded for violations of various gender-based discount provisions from $1,000 to $4,000.
Current law only permits government attorneys to seek injunctive and equitable relief on behalf of hate crime victims. Although individuals are free to hire attorneys to obtain the $25,000 in civil penalties authorized by cm-rent law, it is often difficult to find private practitioners who are willing to take these cases on a contingency fee basis.
"Private attorneys are often reluctant to take these cases because the cases are often difficult to prove and they are often considerable expenses associated in prosecuting the cases. As a result, I found that many victims are unable to obtain counsel or awards in cases of this nature," concluded Firebaugh.
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