Hate-crimes bill is gaining support

Utah Senate President John Valentine has called this year's hate-crimes legislation a "fresh approach" that has the best chance of any such bill he's seen in his 18 years at the Capitol.

Valentine, R-Orem, said he's encouraged by the removal of the hotly debated protected categories that have stalled past efforts to increase penalties for crimes based on bias or hate.

"It is dealing with the aggravating of existing crimes," Valentine said Tuesday. "It is not a new crime or a new penalty, and it treats everyone equally."

While Valentine had yet to discuss the bill with the Republican caucus, longtime sponsor Rep. David Litvack, D-Salt Lake, said this is the first time he's gotten even a hint of support from leadership.

This will be Litvack's fifth attempt at sponsoring the legislation. The late Sen. Pete Suazo, D-Salt Lake, had sponsored similar legislation since 1999.

Prior bills would have enhanced, by one step, crimes committed because of bias or prejudice against groups categorized by race, color, disability, religion, sexual orientation, national origin, ancestry, age and gender.

In the past, the bill has garnered strong support from law enforcement officers and prosecutors who say it's a needed tool to bring those who commit hate crimes to justice.

However, arguments that a crime is a crime and concerns that the bill could hurt victims who aren't on the list prevailed. Last year's bill died in House and Senate committees.

This year's bill, HB90, has no categories, and it's not an enhancement. Instead, it would create an aggravating factor for crimes committed because a victim "actually was or was perceived by the defendant to be a member of a group."

In determining the weight of the aggravating factor, a judge or the Board of Pardons and Parole would consider the public harm resulting from the selection of the victim, including emotional harm or the likelihood of inciting community unrest; or if the group had been the target of animus, discrimination, legal disabilities or hate-based crimes.

Litvack said the new approach is a compromise he hopes will garner support on both sides of the aisle. So far, he's encouraged by the response.

"I believe strongly that it moves us to a place where crimes that are motivated by hate and bias can be treated more appropriately in terms of matching the punishment with the severity of the crime," he said. "That's a positive step forward."