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What it is

Bill to increase penalties for hate crimes against the poor

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 25 October 2018. Introduced by: Senado.

Official title: Private member's bill amending Organic Law 10/1995 of 23 November, the Penal Code.

Follow this law

Source: Congreso de los Diputados, file 124/000009· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add aporophobia, meaning rejection of poor or socially excluded people, as an aggravating factor in hate crimes. To do this, it amends section 4 of Article 22 of the Criminal Code, which lists the circumstances that aggravate criminal liability.
  2. The explanatory statement says that, until now, courts mostly treated these attacks as assault offenses, because the Criminal Code did not include the victim's socioeconomic situation among hate crimes.
  3. The text notes that the Ministry of the Interior and the State Attorney General's Office had already pointed to an increase in these cases and had proposed harsher penalties for this reason.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Homeless people and people living in poverty: They would be recognized as especially vulnerable victims when a crime is committed because of their socioeconomic situation.
  • People who commit crimes out of rejection of the poor: They could face harsher penalties, since aporophobia would become an aggravating factor.
  • Courts and prosecutors: They would have a clear rule to increase penalties in these cases, instead of using figures such as the crime against moral integrity.

Words worth knowing

Aporofobia
Fear, hatred or rejection of poor people or people without resources.
Agravante
Aggravating factor: a circumstance that makes a crime more serious and can lead to a heavier penalty.
Proposición de ley
A bill: a text that starts the parliamentary process and is not yet an approved law.
Delito de odio
Hate crime: a crime committed against someone because of a characteristic, such as race, religion or social situation.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced25 October 2018Someone registers the text in the Congreso.
  2. Admitted30 October 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments2 November 2018Groups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Oct 2018Nov 2018Dec 2018Jan 2019Feb 201911. 25 October 2018: Presentación22. 30 October 2018: Comisión de Justicia Publicación desde 30/10/2018 hasta 02/11/201833. 30 October 2018: Calificación44. 2 November 2018: Comisión de Justicia Enmiendas desde 02/11/2018 hasta 05/03/201955. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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