A recently introduced state bill seeks to add political affiliation to the list of characteristics that classify a hate crime in California.

Assembly Bill 1535, also known as the Hortman-Kirk Political Violence Prevention Act, aims to address the recent rise in political violence, according to the bill’s author, state Assembly Member Laurie Davies. It’s named after former Minnesota state House Speaker Melissa Hortman and conservative commentator Charlie Kirk.

The bill was referred to the state Assembly’s Committee on Public Safety on Feb. 2.

Hortman and her husband were killed at their home in Brooklyn Park, Minnesota, in June 2025. Kirk was assassinated at Utah Valley University in September 2025 while speaking at a Turning Point USA event.

Davies cited the attempted assassination of President Donald Trump in 2024 and the assault on Paul Pelosi in 2022 as further examples of recent politically motivated violence.

“We want people to realize that it’s not okay to have physical acts against someone because of their political party or their view,” Davies told The Epoch Times.

The bill defines political affiliation as “belonging to a political party, the endorsement of a political party or a platform of a political party, or the endorsement of a politician or a platform of a politician.”

California already has laws and a list of penalties for hate crimes. Under current state law, crimes qualify as hate crimes if they are committed because of the victim’s “actual or perceived characteristics” that include disabilities, gender, nationality, race or ethnicity, religion, or sexual orientation, according to the bill.

AB 1535 would add political affiliation to the list of characteristics.

Penalties for hate crimes include up to one year in county jail, a fine of up to $5,000, or both; plus up to 400 hours of community service. If the hate crime results in physical injury to a person or causes property damage exceeding $950 and includes the goal of intimidation, penalties include one year in state prison or county jail, a fine of up to $10,000, or both.

A person who commits a felony that is also a hate crime could receive one to three additional years in prison, or up to four additional years if the crime was committed in cooperation with another person.

“As a cooling down agent, what [AB 1535] does is it sets up clear boundaries and makes clear that policy debate is encouraged, always, in freedom of speech,” said Davies.

To cool down the political temperature and prevent future violence, she said we should avoid immediately pointing fingers and instead take a few days to gather all the facts before dealing with a situation.

Both Democrats and Republicans have repeatedly called for a lowering of the temperature since the attempted assassination of Trump and the fatal shootings of the Hortmans and Kirk.

In addition to classifying politically motivated violence as a hate crime, AB 1535 would allow law enforcement to track and report such crimes, similar to how local police departments track and report hate crimes motivated by ethnicity, religion, or sexual orientation, according to Davies.

“This creates a clear data map of where the political violence is brewing,” said Davies. “It allows [police to use] better targeted prevention and resource allocation. But I think for our neighbors, I want them to know that we have to make sure that their safety comes first.”

Previous Attempt

California previously attempted to make political affiliation a protected characteristic with Senate Bill 238, authored by then-state Sen. Melissa Melendez in 2021. That bill failed to pass the legislature, but it attempted to classify targeting someone for their political ideology as a form of discrimination.

“It is unfathomable to me that corporations and members of the public would ruin a person’s career, business and family because of their political ideology,” Melendez said at the time. “Cancel culture and the efforts to silence differing opinions and voices should be a growing concern for all of us.”

However, the Senate Judiciary Committee wrote in a bill analysis that it was concerned SB 238 would be “forcing private business to tolerate opposing political views and even hate speech,” undermining business owners’ ability to control political activities on their property, and establishing a “political neutrality mandate.”

Current California laws provide some protections regarding political affiliation under labor laws. Employers cannot prevent employees from participating in politics, control their political affiliations, or fire employees on the grounds of their political activities.

“We understand the frustration from the people in the community, not just because of one individual party, but also politics,” said Davies. “We really do need to come to the table, and we have to stop and listen to each other.”