Modernizing Delaware’s Hate Crimes Law
In 2020, Marie Pinkney became the first African American LGBTQ+ person ever elected to the Delaware Senate. Since then, she has been focused on introducing and supporting legislation that will make substantive change and improve the lives of all Delawareans. Her sense of urgency is sparked by two things: being elected at an unparalleled time in our nation’s history—dueling pandemics of COVID-19 and racism— and her own lived experiences as a trauma social worker and case manager in ChristinaCare’s Surgical Intensive Care Unit, where she provides support for patients and families.
This spring Senator Pinkney introduced Senate Bill 144: An Act to Amend Title 11 of the Delaware Code Relating to Offenses Against Public Health, Order and Decency. If successful, SB 144 would modernize Delaware’s hate crime statute and consolidate related offenses together with the hate crime statute in the Criminal Code. Pinkney says, “We are seeing a rise in hate crimes throughout this country for a diverse group of people who are under attack, and it is important through this bill and all legislation to take a stand to let Delawareans know we are going to protect each other.”
As noted in the bill synopsis found on the Delaware General Assembly website, a key component of the proposed modernization is that hate crimes would now include crime motivated, in whole or in part, by bias. This reflects instances where a hate crime is committed but is only motivated in part by hate in addition to another component. Additionally, SB 144 proposes the focus be on the defendant’s belief or perception. Currently the law focuses on the victim’s actual race, gender, religion, or other immutable characteristic, rather than focusing on the state of mind of the defendant. This change refocuses the inquiry on the defendant’s state of mind, and specifically, what the defendant believes to be true at the time the act was committed.
SB 144 also prohibits any crime committed in whole or in part on a belief or perception of an immutable characteristic of a group. SB 144 adds “group” to make clear that a hate crime can be committed because of the hate towards a group at large. The Act would also combine and update the existing desecration and desecration of a burial place sections maintaining the existing penalties while establishing a right of civil remedies to allow individuals to seek relief from hate crime, desecration, and religious symbol burning related injury. Finally, the SB 144 would require law enforcement to report violations and investigations of violations of hate crimes to the Division of Civil Rights and Public Trust.
Pinkney offers that it “is vital that we say Delaware is going to be a safe place and protect people often forgotten and intentionally attacked,” and believes SB 144 is important for all people. “As a queer identifying woman, this is for us, but it is also for other people. It encompasses so many people who receive hate just for being in this world. We deserve to be here. We must protect and stand with each other.”
SB 144 was introduced late in the session; it was heard in senate committee and on the floor in the senate. It will now need to be heard in house committee and on the house floor. Pinkney believes SB 144 will get support in the house and be signed into law by the governor but welcomes continued engagement from constituents and residents from across the state in this process.
When asked what Delawareans who support SB 144 should be doing right now, she said, “There are folks signed on to the bill but if your state legislator hasn’t signed on, ask them to. Send emails, testify, tell them when you see them that you want it to be passed. After it is passed, it can’t hurt to give the governor’s office a call, too.”
Speaking of her work and that of her freshman class in the State Senate, Pinkney recalled, “we made a promise that we’d do something different and be something different for Delaware.” Her introduction of SB 144 and shepherding it to the final stage is an example of her trying to meet those goals and Pinkney says it is her honor.
Clarence J. Fluker is a public affairs and social impact strategist. Since 2008, he’s also been a contributing writer for Swerv, a lifestyle periodical celebrating African American LGBTQ+ culture and community. Follow him on Twitter: @CJFluker or Instagram: Mr_CJFluker