Categories of hate crimes re-emerge

Earlier this year, lawmakers passed into law a hate-crimes bill with overwhelming support after some long-contentious categories were removed.

The new law creates an aggravating factor upon sentencing, based upon a crime's public harm, but does not specify what categories would be included under the law.

Now, the League of Women Voters in Utah is again looking at the issue of whether specific categories are the way to go. League members are being asked to review a study of the hate-crimes issue and consider whether to endorse such a law in general. If so, League members are being asked if hate-crimes legislation should include a list of protected groups based on race, religion, gender, age, disability, ethnicity, natural origin or sexual orientation.

Marie Fulmer, the study's co-chairwoman, said the findings suggest "it's just more clear, more straight up and straightforward" to have categories. The study includes an interview with Attorney General Mark Shurtleff and looks at the U.S. Supreme Court ruling that upheld the categories.

The League study started in 2005, before the Legislature voted on the new law. And Fulmer made it clear the League hasn't decided anything yet.

"What I'm hoping is the League will read that (Supreme Court) opinion, read the interview, and make their own decision," she said. "If they come down and say, 'We don't think we should do this,' I'm fine with that."

Fulmer said Utah's prior hate-crimes law, which also lacked categories, was widely seen as unenforceable, and she said some states' category-less laws have been stricken down as unconstitutional. Fulmer added that since the law doesn't come into play until the sentencing phase, it's difficult to say whether it's being used.

Still, after years of contentious debate it's unclear whether any lawmaker would take up a renewed effort to pass a hate crimes laws with categories. And, anecdotal evidence suggests that prosecutors are at least looking into using the law.

A few days before the new law took effect, the Utah County Attorney's Office filed charges in a beating that initially appeared to be motivated by religious bias. However, the crime turned out to fall short of a hate crime.

"We wouldn't hesitate to charge if we could prove the necessary intent," said Deputy Utah County Attorney Donna Kelly.

Paul Boyden, executive director of the Statewide Association of Prosecutors, said the effectiveness of the law is "nearly unmeasurable" but, he said, that doesn't reflect a flaw.

"I think it's an excellent tool," he said. "I've been asked about it a number of times by prosecutors who intend to use it."

The bill's longtime sponsor, Rep. David Litvack, D-Salt Lake, said the new law is a compromise that the law enforcement community has called effective and enforceable.

"Having prosecutors' support last year was key," Litvack said. "We were not interested in passing something that was not going to be effective."

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E-mail: dbulkeley@desnews.com