Louisiana House Bill HB409

Louisiana 2017 Regular Session

• Introduced: 3/31/17
• Refer: 3/31/17
• Refer: 4/10/17

Caption

Provides relative to the applicability of the hate crimes provision

Impact

The proposed amendment would impact how hate crimes are prosecuted in Louisiana. The existing law penalizes individuals who commit certain offenses based on the victim's protected characteristics, such as race, gender, and sexual orientation. By excluding individuals acting while resisting an officer from hate crime provisions, the bill creates a potential loophole that could shield perpetrators from additional penalties designed to address bias-motivated violence. This shift may lead to an increase in defenses based on the claim of resisting an officer during the commission of a crime.

Summary

House Bill 409, introduced by Representative Jackson, aims to amend the existing hate crime provisions under Louisiana law. Specifically, the bill stipulates that the hate crimes statute does not apply to individuals who commit listed offenses while resisting arrest from law enforcement officers. This change seeks to clarify the legal implications of actions taken during such encounters with the police and provide a legal defense for those who might commit criminal acts in the context of resisting officers.

Sentiment

The sentiment surrounding HB 409 appears mixed, with support primarily from those advocating for the rights of individuals interacting with law enforcement. Supporters argue that the bill may mitigate harsh penalties on individuals who act out of impulse during confrontations with police. However, there is significant opposition from civil rights advocates, who warn that the amendment could undermine hate crime protections and compromise public safety by disincentivizing accountability for bias-motivated offenses.

Contention

Notable points of contention include concerns that HB 409 could erode hard-won protections against hate-motivated violence. Critics argue that the bill might encourage individuals to resist law enforcement with the perception that they could evade the severe consequences associated with hate crimes. This potential relaxation of accountability could lead to a broader discussion on the intersections of law enforcement practices and the prosecution of hate-related incidents, intensifying the ongoing debates about policing and community safety.