"California lawmakers must stop making the problem worse by approving laws that reduce accountability for these violent crimes and pass important and long overdue legislation to strengthen hate crimes laws. "

The California District Attorneys Association strongly condemns the surge in hate crimes against Asian Americans throughout the nation. But it takes more than words to prevent further violence. 

California lawmakers must stop making the problem worse by approving laws that reduce accountability for these violent crimes and pass important and long overdue legislation to strengthen hate crimes laws. CDAA calls upon California legislators to: 

(1) Reject SB 81 (Skinner) and SB 82 (Skinner). These two reckless and misguided bills dramatically and dangerously lessen the consequences for violent crime and would directly benefit the predators currently committing hate crimes against Asian Americans.  SB 81 allows violent criminals who commit a variety of crimes, including hate crimes, to avoid enhanced sentences when they use a gun or inflict great bodily injury on their victims. HERE is a shocking crime where the perpetrator would get a lenient sentence if SB 81 becomes law.

SB 82 re-classifies violent robberies as a misdemeanor petty theft under a variety of circumstances. If the perpetrator attacks and robs a victim at gunpoint but the gun cannot be proven to be real and operable, then the robber is only guilty of petty theft. If a perpetrator attacks an elderly person, knocks her down and robs her of her purse, the robber is only guilty of a petty theft. Click HERE for yet another shocking crime. For this conduct the perpetrator would receive misdemeanor treatment if SB 82 becomes law.

(2) The legislature must fix the following loopholes in California’s hate crimes laws:

Under current law, a hate crime causing physical injury or property damage is NOT considered a violent crime.Under current law, a hate crime where the defendant has a prior conviction for a hate crime is NOT considered a violent crime.These loopholes mean that criminals who commit hate crimes are given breaks on sentencing and are eligible for early release from prison even if they have a prior history of violence, if they used a gun during the hate crime, or they inflicted great bodily injury during the crime.

AB 266 (Cooper) would fix these loopholes by ensuring that hate crimes are deemed a violent crime under the law and prevent the perpetrators of hate crimes from receiving early release from prison. The legislature should pass this critical bill now.

Virtually all California legislators have condemned the surge in hate crimes against Asian Americans and expressed sympathy for the victims and their families. But words and prayers are not enough. The images contained in the video links above are horrific and demand decisive action from our Legislature. CDAA therefore calls upon legislators to reject SB 81 and SB 82 and support AB 266.

CDAA Chief Executive Greg Totten commented: “SB 81 and SB 82 are not mere efforts at reform, they are instead incredibly reckless proposals that simply make no sense at a time when horrific hate crimes are being perpetrated against Asian Americans.” 

The California District Attorneys Association is a statewide training and advocacy organization representing elected district attorneys, city attorneys with criminal divisions, and more than 3,500 prosecutors.