New hate crime bill is eyed dubiously

Opponents of efforts to pass enforceable hate crimes legislation are wary of a new approach that longtime sponsor Rep. David Litvack hopes will be an "olive branch" in the controversial debate.

Litvack, D-Salt Lake, told the Deseret Morning News editorial board that he hopes the new approach he's considering will be palatable to conservatives who have voted it down in the past.

In 1999, the late Sen. Pete Suazo, D-Salt Lake, sponsored a bill that would enhance by one step penalties for crimes committed against groups categorized by race, color, disability, religion, sexual orientation, national origin, ancestry, age and gender.

That bill has repeatedly failed amid criticism that victims who aren't in a protected category wouldn't get equal protection. A new draft version eliminates protected categories and replaces the enhancement of a charge with an aggravating factor.

"Maybe we don't get to where we wanted to . . . but we do take a step in the right direction," Litvack said.

Senate Judiciary, Law Enforcement and Criminal Justice Committee Chairman Chris Buttars, R-West Jordan, who voted against the bill last session, said, "without the categories, I'd be seriously looking at it."

However, he added that "if this is giving special protection to the gay community, I'm going to oppose it."

Rep. Curt Oda, R-Clearfield, who voted against the bill in a House committee, said he'd "have to really look at it and think about what the ramifications would be."

Oda said he opposed last year's version because he said it would provide unequal protection to crime victims who belong to a protected class.

"An assault is an assault," Oda said. "The penalties shouldn't be any less for a group that's not included. Maybe (Litvack's) come upon an answer. Until I've studied it, I can't give an answer."

Gayle Ruzicka, president of the Utah Eagle Forum, which has long opposed the legislation, said "it's just more of the same thing — enhanced penalties because of who the crime is committed against."

Instead of a compromise, Ruzicka said it looks like a desperate attempt to pass a hate crimes bill just for the sake of passing it.

"It's still a hate crimes bill that doesn't treat all people equally under the law," Ruzicka said. "If we need to enhance penalties, it needs to be across the board for all people for the crime that's committed, not for who it's committed against."