Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 616 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the hate crime reporting and sentence enhancement laws to include crimes committed based on gender identity or expression.

Your Committee received testimony in support of this measure from Hawaii Civil rights Commission, the ACLU, the Hawaii State Commission on the Status of Women, the Civil Union – Civil Rights Movement, the Gay, Lesbian, Bisexual, and Transgendered Caucus of the Democratic Party of Hawaii, the Hawaii Hate Crimes Task Force, the Hawaii State Teachers Association, PFLAG-Oahu, The Center, Life Foundation, and nine concerned individuals. The Department of the Attorney General and the Office of the Public Defender commented on the bill.

Your Committee finds that one child out of two hundred is born with noticeable gender ambiguity, and one child out of one hundred has hidden ambiguity. These persons often struggle with their gender identity and are ridiculed, harassed, and sometimes assaulted by others for being different. The United States Department of Justice reports that hate crimes directed against gay, lesbian, bisexual, and transgender citizens are especially violent.

Your Committee further finds that persons in this class often have low self-esteem resulting in higher than heterosexual rates of suicide, mental health issues, substance abuse, failure in school, and other self-destructive behavior.

Your Committee notes that currently, Hawaii's definition of "hate crime" includes "hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, or sexual orientation of any person." As pointed out in testimony, "sexual orientation" is not the same as "gender identity." Your Committee therefore believes that this class of persons should be included and afforded protection under Hawaii's hate crime laws.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 616 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.