REPORT TITLE:
Hate Crimes


DESCRIPTION:
Provides a reporting mechanism to compile, track, and analyze
hate crime data.  (HB385 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        385  
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                     
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL RIGHTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 846, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        385  
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                     
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
 1                 "PART  .  HATE CRIME REPORTING
 
 2      §846-    Definitions.  As used in this part, the following
 
 3 terms have the following meanings:
 
 4      "Hate crime" means a crime in which the defendant
 
 5 intentionally selects a victim, or in the case of a property
 
 6 crime, the property that is the object of the crime, because of
 
 7 the actual or perceived race, color, religion, ancestry, national
 
 8 origin, sexual orientation, or disability.
 
 9      "Hate crime data" means information, incident reports,
 
10 records, and statistics relating to hate crimes, collected by the
 
11 Department of the Attorney General as to the following crimes:
 
12      (1)  Murder and non-negligent manslaughter,
 
13      (2)  Forcible rape,
 
14      (3)  Aggravated assault,
 
15      (4)  Simple assault,
 
16      (5)  Intimidation,
 
17      (6)  Robbery,
 
18      (7)  Burglary,
 
19      (8)  Larceny-theft,
 
20      (9)  Motor vehicle theft,
 
21      (10) Arson,
 
22      (11) Destruction, damage, or vandalism of property.
 

 
Page 3                                                     385  
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Incident report" means an account of occurrence of a hate
 
 2 crime received or collected by the Department of the Attorney
 
 3 General.
 
 4      "Sexual orientation" means:
 
 5      (1)  Having a preference for heterosexuality, homosexuality,
 
 6           or bisexuality;
 
 7      (2)  Having a history of any one or more of these
 
 8           preferences; or
 
 9      (3)  Being identified with any one or more of these
 
10           preferences.
 
11      §846-    Responsibility for system.  (a)  The department of
 
12 the attorney general shall be responsible for the collection,
 
13 storage, dissemination, and analysis of all hate crime data from
 
14 all agencies that have primary investigative, action, or program
 
15 responsibility for adult or juvenile offenses, including the
 
16 county police departments, the county prosecutors, the family
 
17 courts, and the departments or agencies responsible for
 
18 administering any correctional facilities.
 
19      (b)  The attorney general shall develop the system and the
 
20 procedures for reporting, inputting, accessing, and protecting
 
21 the information concerning the commission of hate crimes and
 

 
 
 
 
 
Page 4                                                     385  
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 obtaining the agreement of agencies permitted to directly input
 
 2 and access information.
 
 3      §846-  Responsibility of agencies.  Agencies that have
 
 4 investigative, detention, custodial, adjudicative, or program
 
 5 responsibility for adult or juvenile offenses shall cooperate
 
 6 with the attorney general in establishing the hate crime
 
 7 reporting system by:
 
 8      (1)  Providing information in the agency files that can be
 
 9           included pursuant to the format approved by the
 
10           attorney general;
 
11      (2)  Maintaining procedures internally consistent with
 
12           uniform procedures and guidelines provided by the
 
13           attorney general;
 
14      (3)  Reporting information to the attorney general that is
 
15           timely, complete, and accurate after the occurrence of
 
16           an event over which the agency had direct
 
17           responsibility; and
 
18      (4)  Maintaining procedures for the periodic checking of
 
19           information to minimize the possibility of storing and
 
20           maintaining inaccurate information.
 

 
 
 
 
 
 
 
Page 5                                                     385  
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      §846-  Annual reports.  The attorney general shall
 
 2 summarize and analyze reports of hate crime data that are
 
 3 received, and shall compile and transmit an annual report of hate
 
 4 crime data to the governor, the judiciary, the department of
 
 5 public safety, and the legislature at least 20 days prior to
 
 6 beginning of each session."
 
 7      SECTION 2.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13