A proposal to make any assault on a Texas police officer a 'hate crime' has widespread support in the Texas Legislature, but it is also testing the definition of what a 'hate crime' is supposed to be, News Radio 1200 WOAI reports.
Gov. Greg Abbott invoked the memories of San Antonio Police Detective Ben Marconi and five Dallas Police Officers, all of whom were murdered by 'ambush attackers' in 2016, as a reason to support his proposal.
State Rep Jason Villalba (R-Dallas), immediately after the Governor's remarks, introduced a bill that would consider any crime against a police officer, if it is determined to be based on the man or woman's position in law enforcement, to be a hate crime.
"Any assault against an officer based on that officer's status would receive one level of graduated penalty for that attack or for that assault," Villalba told News Radio 1200 WOAI. "What would be a second degree felony would become a first degree felony. "What would otherwise be a Class 'C' misdemeanor would become a Class 'B' misdemeanor."
Villalba's bill immediately gained bipartisan support in the Texas House and Senate, and, with the full throated support of the Governor, appears poised to pass.
But some observers have questions about whether the 'hate crime' designation is proper, and whether it would survive a potential court challenge.
'Hate Crime' laws are generally passed to protect people who are subject to violence based on what are called 'natural factors,' like the person's race, skin color, place of origin, age, or sexual orientation. These are generally factors over which a person has no or very limited control.
The idea of protecting a person based on his or her profession, which they voluntarily entered, knowing that it carries risks greater than other professions, would be a new test of the definition of a 'hate crime' and could face a legal challenge.
IMAGE; GETTY