Hate crimes are "thought crimes". The prosecutor decides what you were thinking while perpetrating a crime. If he decides you were thinking "improper thoughts" as defined by the state, it's called a hate crime.
So if you are a black woman who beats a white woman senseless in a McDonald's while calling her a "white bitch"- that is NOT a hate crime. Blacks and protected minorities are excluded from hate crime laws. They are always victims of "hate" crime- never perpetrators.
Now, if you are a white person who has an altercation with a black person, gay person, or other 'protected minority' for any reason - that may be considered a "hate crime" and if convicted you will be punished more severely than other people who committed the same crime but were thinking the "correct" thoughts.
Next we'll have pure thought crimes. If you question the state- it will be a criminal act- but only for white people.
Already had one A pastor was convicted of disturbing the peace BEFORE he did anything.