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Will Attacks on Homeless Soon Be Considered Hate Crimes in California?

By Jonathan I. Kelman on July 8, 2014. Posted in: Violent Crimes

As a huge and hugely diverse metro area, greater Los Angeles is an area where hate crimes will unfortunately occur. Some may be racially motivated, while others may be assaults on someone due to their ethnicity or sexual orientation. California’s hate crimes legislation also acknowledges that bias may motivate some attacks against individuals due to their religion or disability.

One group of people that has yet to be formally included in most hate crimes legislation is the homeless. Like all big cities, Los Angeles has long struggled with how best to protect and empower the homeless population. At the times the homeless problem has been highlighted by tragic, headline-making incidents in which members of this vulnerable population have been victimized.

One U.S. Representative is trying to bring attention to the status of homeless as crime victims by proposing HR 1136, also known as the Violence Against the Homeless Accountability Act of 2013. Contrary to expectations, the bill wouldn’t amplify punishment against individuals convicted of attacking a homeless man or woman. What the bill would do is mandate the Justice Department gather statistical information regarding crimes against people who are homeless.

According to the National Coalition for the Homeless, last year there were over 100 attacks committed by non-homeless individuals against homeless people. Of those, 18 incidents proved fatal. However, evidence that they were truly motivated by anti-homeless prejudice is scant. Apparently, only one incident involved the attacker yelling a threat that appeared to be strongly motivated by anti-homeless sentiment.

The proposed bill would alter 1990’s Hate Crimes Statistic Act, which was a congressional mandate passed more than 20 years ago. The act required the Attorney General to gather data regarding bias-motivated crimes against certain groups of people, with the main categories being race, religion, ethnicity and sexual orientation.

The L.A. County District Attorney’s Office defines hate crimes as both criminal acts and attempted acts. If an L.A. resident has been accused of a hate crime, there are many unique steps that must be followed in developing a thorough defense. Contact the Law Offices of Jonathan I. Kelman at 310.286.1218 for a free initial consultation.

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