Does hate-crimes bill have chance

When Sonia James saw a proposal to enhance penalties for crimes committed based on hate die in a Utah Senate committee last week, it was as though someone had removed her "rose-colored glasses."

After all, James said, the legislation had support of law enforcement officers, prosecutors and, according to recent public opinion polls, voters.

"This whole thing just totally amazed me," said James, who has been the target of racist acts. "I thought the system was one that represented the people."

The bill remains alive. Rep. David Litvack, D-Salt Lake, is bringing the House version, HB50, before the House Law Enforcement and Criminal Justice Standing Committee at 8:30 a.m. Friday.

To help foster a favorable outcome, James would like to employ a tactic perfected by Utah political activist Gayle Ruzicka: the phone tree — a statewide network of people calling friends around the state to contact lawmakers.

Ruzicka, James said, is "not the only one that can make that happen. A huge part of this population wants the bill passed."

This is the 10th year that the bill has been presented to the Legislature. Law enforcement officers have said the state's existing law is unenforceable because it fails to define protected classes.

HB50 would enhance penalties for crimes based on bias or prejudice due to perceived or actual attributes, including race, color, disability, religion, sexual orientation, national origin, ancestry, age or gender.

The penalty would be enhanced by one step. For example, a class A misdemeanor would be prosecuted as a third-degree felony.

The House Rules Committee opted Wednesday to move the bill to Law Enforcement, rather than the Judiciary Standing Committee as Litvack had requested.

"It's going to be difficult; we have our work cut out for us," Litvack said, noting that Judiciary Chairman James Ferrin, R-Orem, had co-sponsored the legislation in the past.

While Law Enforcement Chairman Bud Bowman, R-Cedar City, has supported the bill in the past, Litvack said his bill will likely be tougher to sell to this committee.

"I'm just thinking about passing the bill this year," Litvack said. "I'm not giving up."

Bowman said he'll go into the committee with an open mind and said "any bill's got a chance. . . . We've got some good committee members that ask some good questions."