A bill that would instate a penalty for offenders who commit hate crimes against LGBT individuals in Philadelphia has moved one step closer towards becoming law in the city.
The Public Safety Committee of Philadelphia City Council on Tuesday unanimously passed Bill 140720, which adds a new chapter to the Philadelphia Code to provide for additional penalties for criminal conduct motivated by hatred regarding sexual orientation, gender identity and disabilities.
The bill, sponsored by Councilmembers Blondell Reynolds-Brown and Jim Kenney, was scheduled to receive a first reading before the full Council on Thursday. Then, the public will be given a week to submit comments before a second reading will occur and a final vote can be taken.
Given that the bill passed from the committee with a favorable recommendation, Reynolds-Brown said she was optimistic her colleagues will approve the legislation.
“I feel positive it will pass in every way — absolutely,” she said. “The state has run into a brick wall. Given the testimony we have heard today, and the very insightful questions that were raised, I am confident that it will move to the mayor’s desk and become law.”
The Philadelphia Police Department fully supports the intent of the bill, but noted that it could potentially raise issues of double jeopardy if a defendant were tried for two crimes under separate jurisdictions, said PPD Capt. James Healy.
For example, “if an assault charge was filed under state law, it might preclude the filing of a city hate-crimes charge,” Healy said.
But he assured the committee that the PPD and the District Attorney’s Office would “cross their Ts and make sure defendants would not get off on a technicality.”
Under the new law, such crimes would be punishable by a maximum of 90 days in jail and a fine of up to $2,000.
The legislation was introduced after last month’s brutal attack on a gay couple in Center City. Three suspects were arrested but cannot be charged with a hate crime, as the state’s hate-crime law was stripped of sexual orientation and gender identity, as well as disability, protections several years ago because of a technicality.
Before the hearing began, everyone in the chamber stood for a moment of silence in honor of Gloria Casarez, Philadelphia’s first director of LGBT affairs, who died Oct. 19.
Meanwhile in Harrisburg, the time to pass statewide hate-crimes legislation is almost up as this session draws to a close.
Even among the flurry of last-minute bills that legislators passed — not uncommon at the end of a session — HB 177 was not one of them.
The House brought 68 pieces of legislation to a vote in just the last three session days alone — 11 more than the 57 voted on in the entire month of September — bringing the total to 129 thus far for October.
Yet legislators did not bring themselves to pass Rep. Brendan Boyle’s measure, similar to that which their predecessors already made law in 2002, before a Pennsylvania Supreme Court judge later struck it down on procedural grounds.
Only one scheduled session day remains, Nov. 12, and it has not yet been announced if lawmakers will actually meet that day.