From Deseret News archives:

Hate-crimes bill suffers 10th defeat

Utah panel votes 4-3; sponsors may try again

Published: Wednesday, Feb. 9, 2005 9:13 a.m. MST
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A bill enhancing penalties for hate crimes died in a Senate committee Tuesday after nearly two hours of debate.

The Senate Judiciary, Law Enforcement and Criminal Justice Committee voted 4-3 against allowing SB181 to be heard by the full Senate.

This was the 10th attempt to pass a hate-crimes measure. This attempt was sponsored by Sen. Karen Hale, D-Salt Lake.

"I was hopeful we'd have a fighting chance," Hale said after the vote.

The bill would enhance by one step the penalty for crimes based on "bias or prejudice" because of, but not limited to, race, color, disability, religion, sexual orientation, national origin, ancestry, age or gender. For example, a class A misdemeanor would become a third-degree felony.

Hale and the bill's House sponsor, Rep. David Litvack, D-Salt Lake, hinted the bill may be back this session. They said they'd explore their options.

Before the vote, Hale said she's sponsoring the bill based on "gut instinct from something that I feel is right."

Testimony ranged from personal stories of victimization because of race to those who said the bill would do nothing more than further a gay rights agenda.

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The defeat came a day after representatives of the state's law enforcement community had rallied in support of the bill, saying the existing 1992 law is unenforceable because it fails to define categories of protected people.

The bill also had the support of 63 percent of the people polled in a recent Deseret Morning News/KSL-TV poll conducted by Dan Jones & Associates. Hale noted the poll showed majority support across religious preference, political ideology and region of state.

Some who voted against the bill expressed concern that it would create unequal justice for victims of crimes that don't fit the "hate crime" definition.

"I would hate for my son to suffer the same kind of treatment because he was hated, and not have the same protection under the law because he was hated for the wrong reason," said Sen. Mark Madsen, R-Lehi. "I am fundamentally opposed to giving certain people special protection under the law."

Utah Attorney General Mark Shurtleff told committee members the bill is meant to protect society from crimes that are most likely to inflict fear on entire communities and draw retaliation.

"We in law enforcement support this bill. We believe we need this tool in order to adequately defend and protect everyone in this state," Shurtleff said.

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