Office of the City Clerk: Home
City of Seattle
Share to Facebook Share to Twitter Bookmark and Share
Record No: CB 119288    Version: 1 Council Bill No: CB 119288
Type: Council Bill (CB) Status: In Committee
Current Controlling Legislative Body Civil Rights, Utilities, Economic Development, and Arts Committee
Final Action:
Ordinance No:
Title: AN ORDINANCE relating to the City's criminal code; removing the separate crime of malicious harassment and creating a special allegation of hate crime motivation; and amending Section 12A.06.115 of the Seattle Municipal Code.
Sponsors: Lisa Herbold
Supporting documents: 1. Summary and Fiscal Note, 2. Central Staff Memo
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the City's criminal code; removing the separate crime of malicious harassment and creating a special allegation of hate crime motivation; and amending Section 12A.06.115 of the Seattle Municipal Code.
body
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 12A.06.115 of the Seattle Municipal Code, last amended by Ordinance 123395, is amended as follows:
12A.06.115 ((Malicious harassment.)) Hate crime motivation
((A. A person is guilty of malicious harassment if he or she)) In a prosecution for assault under Section 12A.06.010, harassment under Section 12A.06.040, or property destruction under Section 12A.08.020, the City Attorney may file a special allegation of hate crime motivation when the defendant ((maliciously and)) intentionally commits ((one (1) of the following acts)) the act because of ((his or her)) the defendant's perception of another person's race, color, religion, ancestry, national origin, gender, sexual orientation, mental handicap, physical handicap, sensory handicap, homelessness, marital status, political ideology, age, or parental status. Such a special allegation must be proved beyond a reasonable doubt, with either the court making a finding of fact as to this special allegation if it finds the defendant guilty of the crime or, if a jury trial is had, the jury finding a special verdict as to this special allegation if it finds the defendant guilty of the crime. ((:
1. Causes physical injury to another person; or
2. By threat places another person in reasonable fear of harm to his or her person or property or harm to the person or property of a third person; provided however, that it shall not constitute malicious harassment for a person to speak or act in a critical, insulting, or deprecatory way so long as his or her words or conduct do not constitute a threat of harm to the pe...

Click here for full text