OLYMPIA, Wash. (Diya TV) — State legislators in Olympia are proposing a new law that would expand when criminals can be charged with crimes motivated by bias even though bias was only part of the motive behind them committing the crime. A proposed bill, pre-filed Thursday, is meant to update the current state law on hate crimes and handle mixed motives cases.
Sponsored by Sen. Manka Dhingra (D-Redmond) and Rep. Cindy Ryu (D-Shoreline), the bill, SB 5038/HB 1052, would alter language in RCW 9A.36.080, which is the state’s existing hate crime statute. As it stands now, a person is guilty of a hate crime if they commit an act “because of” their belief about another person’s race, color, religion, gender, sexual orientation, or other protected characteristics. The proposed change would modify the phrase “because of” to “in whole or in part because of,” ensuring that jurors can convict if bias is a partial, but not sole, motivation.
The current language of the Washington hate crime statute leads to not guilty verdicts, even in the face of clear evidence of racially motivated violence,” Dhingra said. “By changing the language, we can hold individuals accountable if a jury finds their violence is motivated by bias, without requiring them to find that bias was the only motivation.
Dhingra and Ryu pointed out that hate crimes often have mixed motives. They range from minor offenses, such as spitting on someone because of his or her race, to serious acts like vandalism or arson targeting places of worship or LGBTQ+ clubs. Even when bias is not the sole reason for these crimes, Dhingra argued, the impact on the victims and their communities is severe.
King County Senior Deputy Prosecutor Yessenia Manzo said the same, highlighting that hate crimes traumatize the community, whether they occur in a very minor form or in an extremely violent manner. “All hate crimes have a traumatic effect on the people and communities targeted,” Manzo said. “Even when it is the single motive, it is easy to make up an excuse for bias-motivated violence.
It will, if passed, place Washington alongside several other states which include California, Colorado, Connecticut, New York, and Wisconsin, which already adopted similar language in combating mixed motives in hate crimes. The proposed legislation allows more flexibility for juries in determining guilt when other factors are present, and yet bias plays a part in the case.
“No one should feel unsafe because of their race, ethnicity, religion, gender identity, or any other aspect of their identity,” Ryu said. “This is about fairness, dignity, and ensuring the justice system works for everyone.”
The 2025 legislative session starts on Jan. 13, and the bill will be voted on in both chambers.
