Opponents
argued that police are different than others protected by the hate
crime law because they chose to go into the profession. Including an
occupation on the list of protected classes would water down the law by
expanding it beyond historically oppressed minorities.
“This
is not about making police officers safe,” said Rep. Darryl Owens,
D-Louisville. “This is about something else. Bottom line, there is no
place for this in hate-crime legislation. Where do you stop?”
You don't. This bill gives cops carte blanche to arrest, abuse, even torture by taser anyone they want. All the cop has to do is claim he was attacked, even as his "attacker" lies unconscious and bloody at the feet of the untouched cop.
It is
important to keep the purpose of hate crimes laws in focus. They are not
just a way to tack on penalties for motivations considered particularly
offensive. From their conception, such laws have been a way to
recognize that certain types of violence impact not just individuals,
but whole communities. Hate crimes discourage entire groups of people
from exercising their rights. The long and ugly history of lynching is
only the most blatant example of the impacts hate crimes have by intent.
The origins of racist terror groups such as the Ku Klux Klan were in an
intent to deter Black people from voting, assembly, speech and other
rights guaranteed by the constitution.
HB
14 is political theater. It ignores the real problems faced by police
officers, chronic over-policing in Black and low-income neighborhoods,
and worsening police-community relations. It ignores our Commonwealth
realities of mass detention. It ignores our extraordinary incarceration
rates and already overcrowded jails.
Police
work is difficult, at times dangerous. To be clear, willfully targeting
a law enforcement officer because of their occupation is a heinous
crime. However, Kentucky law already provides
enhanced penalties for assaulting a police officer and treats the
murder of an officer as a capital crime, without the burden of proving
motivation. HB 14 is an attempt to legislate “respect” for law
enforcement even while their benefits dwindle, training is inappropriate
or underfunded, and their mission as it exists has led to overflowing
jails, the disproportionate and aggressive policing of Black
neighborhoods, and mutual mistrust between police and the most
vulnerable communities in the state.
Meanwhile, this bill suggests Kentucky has a kind of trouble Kentucky does not have. According
to the highly motivated tracking of the Officer Down Memorial Page,
across our entire state, no officers were killed in 2016. Even one would
be too many, but HB 14 encourages a misperception that Kentucky and
particularly Black neighborhoods in Kentucky are dangerous places for
officers to work. The data suggests the opposite is true.
Charges
of resisting arrest and intimidation are extraordinarily discretionary.
HB 14 transforms discretionary misdemeanors, for petty offenses or no
offense at all, into discretionary felonies. This is an obvious threat
and offense against Black neighborhoods and youth who are already too
aggressively policed. In the current political climate and according to
early showings of how similar bills are enforced elsewhere, these
discretionary felonies are all too likely to be realized on the bodies
of peaceful protesters as well. In this way, HB 14 fits well among the
recent slew of reactionary anti-protest laws nationwide. Poor, homeless
and mentally ill people are extraordinarily vulnerable to HB 14, as they
may be less able to negotiate tense and frightening encounters with
police, and less able to contest unjust charges.
The
only purposes HB 14 serves are to allow legislators to make a public
show of support for police that is show only, and to further the abuse
of Black people and protesters. Kentucky doesn’t need this bill.
It will pass of course and Governor "Trump's dick tastes like caviar" Bevin will sign it. There are many steps on the road to totalitarianism, and this bill takes a giant one.