Dramatic Rise in Hate and Bias Crimes in New York Sparks Urgent Support for Hate Crimes Modernization Act, US

National, state, and local crime data for 2023 reveals a troubling surge in hate and bias crimes, with victims predominantly from Jewish, Muslim, Asian, and LGBTQ backgrounds. The communities affected are feeling immense pain and fear. In response to this alarming rise in hate crimes, Governor Kathy Hochul has expressed her firm support for the Hate Crimes Modernization Act (HCMA). The proposed legislation aims to address the limitations that currently prevent prosecutors from charging hate crimes in cases where hate is undeniably present. By expanding the list of eligible offenses for prosecution as hate crimes, the HCMA will cover offenses such as graffiti, gang assault, sexual abuse, jostling, and falsely reporting an incident. This means that acts like the forcible touching of a person’s intimate parts to degrade them based on sexual orientation or country of origin can now be charged as hate crimes. Additionally, the inclusion of graffiti containing racist or antisemitic slurs as hate crimes will ensure that offenses motivated by hate receive appropriate charges. The proposed amendments also highlight the seriousness of bias harassment, affirming that physical contact based on belief or perception of protected class membership will not be obscured by a more general label of aggravated harassment.