(Screenshot via WPTV NBC 5 News)
Two Florida lawmakers are working to close a loophole in the state’s hate crime law that allowed a man who vandalized gay Pride display in Delray Beach, Florida, to avoid such charges over the summer.
State Sen. Tina Polsky (D) and State Rep. Emily Slosberg (D) sponsored bills, H.B. 883 in the House and S.B. 1208 in the Senate, earlier this month that would let prosecutors pursue hate crime charges when such a crime involves defacing properties owned by local governments or organizations.
Over the summer, 20-year-old Alexander Jerich was accused of using his vehicle to leave tire marks across a gay Pride mural in Delray Beach. Jerich – who was participating in a parade celebrating former President Donald Trump’s birthday, according to court documents – turned himself in after the incident was caught in a viral video.
Jerich was charged with criminal mischief over $1,000 and reckless driving, but not a hate crime. He is currently awaiting trial and could face up to six years in prison if convicted – he would have faced a possibility of 20 with hate crime enhancements.
In a press release voicing support for the bill, Florida State Attorney Dave Aronberg referenced the case, which “did not meet the existing standard for hate crime penalties because the city itself was the victim – not an individual.”
Under the proposals, “local governments for the first time can be considered victims of crimes of prejudice,” according to Aronberg.
“This important bill will close a glaring loophole in state law that allows defendants to avoid hate crime charges even though their actions were motived by prejudice,” Aronberg said. “This bill gives prosecutors the tools needed to hold fully accountable those who harm our community with hateful conduct.”
Malik Leigh, an attorney and former law teacher, told the Sun Sentinel that even if the bill passes the Republican-controlled legislature and is signed by GOP Gov. Ron DeSantis, it’s unclear if the bill would stand up to a legal challenge.
“You’d have to ask him his mindset and charge based on that, and so that would make it subjective,” he said. “In many cases, you can charge a crime like murder if someone commits a murder, but you can’t always guess their mindset.”
Polsky said she was “proud” to sponsor the bill in a tweet.
“Hate has no place anywhere,” she said.
Proud to sponsor this bill to expand hate crimes to those who damage govt property. Hate has no place anywhere. @EmilySlosberg @aronberg https://t.co/bIjFbWL47d
— State Senator Tina Polsky (@TinaPolsky) December 21, 2021
