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Panel advances sentencing bill that would let judges consider political affiliation as aggravating factor
Summary
AB 15 35, as amended, would allow courts to consider whether a defendant's crime was motivated by a victim's political affiliation when setting sentence length. Supporters framed the bill as preventing political violence; civil‑liberties groups warned the language remains vague and could chill protected expression.
Assemblymember Laurie Davies presented AB 15 35 to the Public Safety Committee and said the measure — as amended — would permit a judge, at sentencing, to consider whether a defendant’s conduct was motivated by the victim’s political affiliation as an aggravating factor, while preserving judicial discretion.
Davies said the bill is intended to reduce politically motivated violence and that the committee’s amendments clarified aspects of the definition. Support in the room included David Bullock of SFB Alliance, who said the bill “demonstrates it’s needed.” Opposition came from the ACLU Cal Action (Aubrey Rodriguez) and Initiate Justice (Shivani Neshar), who argued the statutory language for “political affiliation” is too broad and could sweep in constitutionally protected acts such as attending rallies, endorsing candidates or social‑media interactions.
Committee members focused questions on burden of proof and definitions. Chair Schultz noted that an aggravating circumstance must be pled and proven beyond a reasonable doubt and asked the author to confirm; Davies said that remained the case. After discussion and acceptance of committee amendments, the committee moved the bill to Appropriations.
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