OLYMPIA – Defendants in hate crime cases could be held accountable if a jury determines their actions were motivated by bias, even if bias isn’t their only motivation, under a bill pre-filed Thursday in the Washington State Legislature. 

SB 5038/HB 1052 would change language in RCW 9A.36.080, which currently reads, “A person is guilty of a hate crime offense if the person maliciously and intentionally commits one of the following acts because of their perception of another person’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability.” 

The bill changes “because of” to instead read, “in whole or in part because of” to ensure jurors understand the defendant’s bias does not need to be the only motive.  

“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,” said Sen. Manka Dhingra (D-Redmond), prime sponsor of the Senate bill. “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.” 

Hate crimes often have mixed motives and exist on a spectrum, from spitting on someone due to their race to vandalizing cultural centers or churches to arson targeting LGBTQ+ clubs. These crimes can be spontaneous or preplanned. 

“No matter the context or circumstance, or how violent, all hate crimes have a traumatic effect on the people and communities targeted and even in cases where it is the single motive, it is easy to make up an excuse for biased motivated violence,” said Yessenia Manzo, King County senior deputy prosecutor. 

If passed, Washington would join a number of other states with similar language acknowledging mixed motive for bias crimes, including California, Colorado, Connecticut, New York and Wisconsin. 

“No one should feel unsafe because of their race, ethnicity, religion, gender identity, or any other aspect of their identity,” said Rep. Cindy Ryu (D-Shoreline), prime sponsor of the House bill. “By refining the language in our hate crime statute, we are empowering juries to hold perpetrators accountable and affirming our commitment to protecting every member of our community. This is about fairness, dignity, and ensuring the justice system works for everyone.” 

The 2025 legislative session begins Jan. 13.