From Deseret News archives:

Hate-crimes measure advances

But revamped bill faces uphill battle in the House

Published: Tuesday, Feb. 7, 2006 10:44 a.m. MST
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"It is more destructive," Shurtleff said. "That wasn't an attack on him, as a victim. It was an attack on a group to which he was perceived to belong."

Rep. Eric Hutchings, R-Kearns, voted for the measure, saying "people deserve to walk the streets and feel safe" but that bias hatred is something that "has to be solved in our churches and in our synagogues and in our homes."

Longtime supporters of the bill expressed guarded optimism, saying gaining support of the full House of Representatives will likely be the toughest in the uphill battle for the bill to become a law. House leadership hasn't taken a position on it, said majority spokeswoman Kate Bradshaw.

"We're encouraged by what we're hearing," Litvack said after the hearing. "This is not a cause for celebration."

Gov. Jon Huntsman Jr. is "very supportive" of the measure, said Mike Mower, the governor's deputy chief of staff. Gayle Ruzicka, president of the Utah Eagle Forum, has spoken out against the bill in the past but said she didn't Friday because she's so far neutral on the new tack.

Senate President John Valentine, R-Orem, said he likes the new approach, though the Senate GOP caucus hasn't taken a position.

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Litvack has sponsored hate-crimes legislation since 2001, and before that it had been carried by the late Sen. Pete Suazo, D-Salt Lake, since 1999. In 2003, the bill passed in the House but was recalled.

Before voting for the measure, Judiciary Chairman James Ferrin, R-Orem, who co-sponsored the legislation in 2003, said: "My heart tells me to vote for it, and I believe I'll still vote for it."

The bill was amended to keep the focus on damage to the broader community, by changing an "or" to an "and," in describing the community impact.

The version that passed requires considering the "emotional or other harm to the victim 'and' members of the group, or incite community unrest, or the group has been the target of animus, discrimination, legal disabilities or hate-based crimes in the past."

The bill also no longer repeals the state's current statute, which has been called a civil rights statute by the courts and called virtually unenforceable by Shurtleff.


E-mail: dbulkeley@desnews.com

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Rep. David Litzack, left, is congratulated by Fraser Nelson, director of the Disability Law Center, and WSU professor Forrest Crawford.

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