REPORT TITLE:
Hate Crimes


DESCRIPTION:
Defines Hate Crimes. Requires Attorney General to publish data
regarding hate crimes.  Permits court to extend term of
imprisonment for certain crimes where the primary motive for the
crime was hostility based upon race, sex, sexual orientation,
age, religion, color, ancestry or disability.  Establishes
requirements if probation is ordered in the case of a hate crime.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            777         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO HATE CRIMES.



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

 1      SECTION 1.  The legislature finds that an effective
 
 2 statutory response to violence and threats of violence that are
 
 3 motivated by bigotry is currently lacking in our criminal code.
 
 4      The purpose of this Act is to remedy that omission and to
 
 5 ensure that a mechanism is in place to record and analyze the
 
 6 frequency and nature of hate crimes committed in this State.
 
 7      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 8 a new chapter to be appropriately designated and to read as
 
 9 follows:
 
10                             "CHAPTER
 
11                    HATE CRIME REPORTING SYSTEM
 
12      §   -1 Definitions.  As used in this chapter:
 
13      "Hate crime" means any criminal act motivated, in any
 
14 degree, by a perpetrator's hostility towards the victim's real or
 
15 perceived race, gender, sexual orientation, age, religion, color,
 
16 ancestry, ethnicity, national origin, or disability.
 
17      "Sexual orientation" means:
 
18      (1)  Having a preference for heterosexuality, homosexuality,
 
19           or bisexuality;
 

 
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 1      (2)  Having a history of any one or more of these
 
 2           preferences; or
 
 3      (3)  Being identified with any one or more of these
 
 4           preferences.
 
 5      "Sexual orientation" shall not be construed to encompass
 
 6 conduct otherwise proscribed by law.
 
 7      §  -2 Responsibility for system.  (a)  The department of
 
 8 the attorney general shall be responsible for the collection,
 
 9 storage, dissemination, and analysis of all hate crime data from
 
10 all agencies that have primary investigative, action, or program
 
11 responsibility for adult or juvenile offenses, including the
 
12 county police departments, the county prosecutors, the family
 
13 courts, and the departments or agencies responsible for 
 
14 administering any correctional facilities.
 
15      (b)  The attorney general shall develop the system and the
 
16 procedures for reporting, inputting, accessing, and protecting
 
17 the information concerning the commission of hate crimes and
 
18 obtaining the agreement of agencies permitted to directly input
 
19 and access information.
 
20      § -3  Responsibility of agencies.  Agencies that have
 
21 investigative, detention, custodial, adjudicative, or program
 
22 responsibility for adult or juvenile offenses shall cooperate
 
23 with the attorney general in establishing the hate crime
 
24 reporting system by:
 

 
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 1      (1)  Providing information in the agency files that can be
 
 2           included pursuant to the format approved by the
 
 3           attorney general;
 
 4      (2)  Maintaining procedures internally consistent with
 
 5           uniform procedures and guidelines provided by the
 
 6           attorney general;
 
 7      (3)  Reporting information to the attorney general that is
 
 8           timely, complete, and accurate after the occurrence of
 
 9           an event over which the agency had direct
 
10           responsibility; and
 
11      (4)  Maintaining procedures for the periodic checking of
 
12           information to minimize the possibility of storing and
 
13           maintaining inaccurate information.
 
14      § -4  Annual reports.  The attorney general shall
 
15 summarize and analyze reports of hate crimes data that are
 
16 received, and shall compile and transmit an annual report of hate
 
17 crime data to the governor, the judiciary, the department of
 
18 public safety, and the legislature."
 
19      SECTION 3.  Chapter 706, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§706-   Conditions of probation for hate crimes.  If a
 
23 court grants probation to a defendant convicted of an offense
 

 
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 1 under chapter 707, 708, or 711 whom the court finds was motivated
 
 2 predominantly by hostility towards the victim's real or perceived
 
 3 race, gender, sexual orientation, age, religion, color, ancestry,
 
 4 ethnicity, national origin, or disability, the court shall, in
 
 5 addition to the conditions imposed under section 706-624, order
 
 6 the defendant to complete one or more of the following as a
 
 7 condition of probation:
 
 8      (a)  Complete a class or program on racial or ethnic
 
 9           sensitivity or other similar training in the area of
 
10           civil rights, or a one-year counseling program
 
11           developed in cooperation with organizations serving the
 
12           affected community or victims and intended to reduce
 
13           the tendency toward violent and anti-social behavior;
 
14      (b)  Make payments or other compensation to a community-
 
15           based program or local agency that provides services to
 
16           victims of hate crimes; or
 
17      (c)  Reimburse the victim or victim's family for reasonable
 
18           costs of counseling and other reasonable expenses that
 
19           the court finds are the direct result of the
 
20           defendant's acts."
 
21      SECTION 4.  Section 706-600.5, Hawaii Revised Statutes, is
 
22 amended by adding a new definition to be appropriately inserted
 
23 and to read as follows:
 

 
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 1      ""Sexual orientation" means:
 
 2      (1)  Having a preference for heterosexuality, homosexuality,
 
 3           or bisexuality;
 
 4      (2)  Having a history of any one or more of these
 
 5           preferences; or
 
 6      (3)  Being identified with any one or more of these
 
 7           preferences.
 
 8      "Sexual orientation" shall not be construed to encompass
 
 9 conduct otherwise proscribed by law."
 
10      SECTION 5.  Section 706-662, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§706-662  Criteria for extended terms of imprisonment.  A
 
13 convicted defendant may be subject to an extended term of
 
14 imprisonment under section 706-661, if the convicted defendant
 
15 satisfies one or more of the following criteria:
 
16      (1)  The defendant is a persistent offender whose
 
17           imprisonment for an extended term is necessary for
 
18           protection of the public.  The court shall not make
 
19           this finding unless the defendant has previously been
 
20           convicted of two felonies committed at different times
 
21           when the defendant was eighteen years of age or older.
 
22      (2)  The defendant is a professional criminal whose
 
23           imprisonment for an extended term is necessary for
 

 
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 1           protection of the public.  The court shall not make
 
 2           this finding unless:
 
 3           (a)  The circumstances of the crime show that the
 
 4                defendant has knowingly engaged in criminal
 
 5                activity as a major source of livelihood; or
 
 6           (b)  The defendant has substantial income or resources
 
 7                not explained to be derived from a source other
 
 8                than criminal activity.
 
 9      (3)  The defendant is a dangerous person whose imprisonment
 
10           for an extended term is necessary for protection of the
 
11           public.  The court shall not make this finding unless
 
12           the defendant has been subjected to a psychiatric or
 
13           psychological evaluation that documents a significant
 
14           history of dangerousness to others resulting in
 
15           criminally violent conduct, and this history makes the
 
16           defendant a serious danger to others.  Nothing in this
 
17           section precludes the introduction of victim-related
 
18           data in order to establish dangerousness in accord with
 
19           the Hawaii rules of evidence.
 
20      (4)  The defendant is a multiple offender whose criminal
 
21           actions were so extensive that a sentence of
 
22           imprisonment for an extended term is necessary for
 
23           protection of the public.  The court shall not make
 
24           this finding unless:
 

 
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 1           (a)  The defendant is being sentenced for two or more
 
 2                felonies or is already under sentence of
 
 3                imprisonment for felony; or
 
 4           (b)  The maximum terms of imprisonment authorized for
 
 5                each of the defendant's crimes, if made to run
 
 6                consecutively would equal or exceed in length the
 
 7                maximum of the extended term imposed, or would
 
 8                equal or exceed forty years if the extended term
 
 9                imposed is for a class A felony.
 
10      (5)  The defendant is an offender against the elder,
 
11           handicapped, or minor under the age of eight whose
 
12           imprisonment for an extended term is necessary for the
 
13           protection of the public.  The court shall not make
 
14           this finding unless:
 
15           (a)  The defendant attempts or commits any of the
 
16                following crimes:  murder, manslaughter, a sexual
 
17                offense that constitutes a felony under chapter
 
18                707, robbery, felonious assault, burglary, or
 
19                kidnapping; and
 
20           (b)  The defendant, in the course of committing or
 
21                attempting to commit the crime, inflicts serious
 
22                or substantial bodily injury upon a person who is:
 
23                (i)  Sixty years of age or older;
 

 
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 1               (ii)  Blind, a paraplegic, or a quadriplegic; or
 
 2              (iii)  Eight years of age or younger; and
 
 3           (c)  Such disability is known or reasonably should be
 
 4                known to the defendant.
 
 5      (6)  The defendant is:
 
 6           (a)  Convicted of an offense under chapter 707, 708, or
 
 7                711;
 
 8           (b)  The offender's predominant motive in committing
 
 9                the offense was hostility towards the victim's
 
10                real or perceived race, gender, sexual
 
11                orientation, age, religion, color, ancestry,
 
12                ethnicity, national origin, or disability; and
 
13           (c)  The court finds that an extended term of
 
14                imprisonment is necessary for the protection of
 
15                the public."
 
16      SECTION 6.  Section 706-663, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§706-663  Sentence of imprisonment for misdemeanor and
 
19 petty misdemeanor.  After consideration of the factors set forth
 
20 in sections 706-606 and 706-621, the court may sentence a person
 
21 who has been convicted of a misdemeanor or a petty misdemeanor to
 
22 imprisonment for a definite term to be fixed by the court and not
 
23 to exceed one year in the case of a misdemeanor or thirty days in
 

 
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 1 the case of a petty misdemeanor[.]; provided, however, that if
 
 2 the offense is one defined in chapter 707, 708, or 711 and the
 
 3 offender was predominantly motivated by hostility towards the
 
 4 victim's real or perceived race, gender, sexual orientation, age,
 
 5 religion, color, ancestry, ethnicity, national origin, or
 
 6 disability, the term of imprisonment shall not exceed two years
 
 7 in the case of a misdemeanor or sixty days in the case of a petty
 
 8 misdemeanor."
 
 9      SECTION 7.  This Act does not affect rights and duties that
 
10 matured, penalties that were incurred, and proceedings that were
 
11 begun, before its effective date.
 
12      SECTION 8.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 9.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________