Hate Crimes

Establishes enhanced criminal penalties for hate crimes against
persons because of race, color, religion, ancestry, national
origin, gender, transgender, sexual orientation, age, or
disability; provides a reporting mechanism to compile, track, and
analyze hate crime data.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Crimes and threats against persons because of
 2 their race, color, religion, ancestry, national origin, gender,
 3 transgender, sexual orientation, age, or disability are a
 4 significant and growing problem across the nation.  The
 5 legislature finds that the State's interest in preventing crimes
 6 and threats motivated by bigotry and hate goes beyond its
 7 interest in preventing other felonies or misdemeanors, and that
 8 the protection of Hawaii's citizens from threats of harm due to
 9 bigotry and hate is a compelling state interest.
10      The legislature further finds that Hawaii is one of twelve
11 states in the nation that do not have laws addressing hate-
12 motivated crimes.  Additionally, Hawaii is one of two states in
13 the country that do not comply with the federal Hate Crimes
14 Statistics Act which requires states to compile data on hate
15 crimes.
16      The purpose of this Act is to punish the perpetrators of
17 hate crimes and to provide a mechanism to compile, track, and
18 analyze hate crimes data in Hawaii.
19      SECTION 2.  Section 706-662, Hawaii Revised Statutes, is

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                                     H.B. NO.           

 1 amended to read as follows:
 2      "706-662  Criteria for extended terms of imprisonment.  A
 3 convicted defendant may be subject to an extended term of
 4 imprisonment under section 706-661, if the convicted defendant
 5 satisfies one or more of the following criteria:
 6      (1)  The defendant is a persistent offender whose
 7           imprisonment for an extended term is necessary for
 8           protection of the public.  The court shall not make
 9           this finding unless the defendant has previously been
10           convicted of two felonies committed at different times
11           when the defendant was eighteen years of age or older.
12      (2)  The defendant is a professional criminal whose
13           imprisonment for an extended term is necessary for
14           protection of the public.  The court shall not make
15           this finding unless:
16           (a)  The circumstances of the crime show that the
17                defendant has knowingly engaged in criminal
18                activity as a major source of livelihood; or
19           (b)  The defendant has substantial income or resources
20                not explained to be derived from a source other
21                than criminal activity.
22      (3)  The defendant is a dangerous person whose imprisonment

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                                     H.B. NO.           

 1           for an extended term is necessary for protection of the
 2           public.  The court shall not make this finding unless
 3           the defendant has been subjected to a psychiatric or
 4           psychological evaluation that documents a significant
 5           history of dangerousness to others resulting in
 6           criminally violent conduct, and this history makes the
 7           defendant a serious danger to others.  Nothing in this
 8           section precludes the introduction of victim-related
 9           data in order to establish dangerousness in accord with
10           the Hawaii rules of evidence.
11      (4)  The defendant is a multiple offender whose criminal
12           actions were so extensive that a sentence of
13           imprisonment for an extended term is necessary for
14           protection of the public.  The court shall not make
15           this finding unless:
16           (a)  The defendant is being sentenced for two or more
17                felonies or is already under sentence of
18                imprisonment for felony; or
19           (b)  The maximum terms of imprisonment authorized for
20                each of the defendant's crimes, if made to run
21                consecutively would equal or exceed in length the
22                maximum of the extended term imposed, or would

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                                     H.B. NO.           

 1                equal or exceed forty years if the extended term
 2                imposed is for a class A felony.
 3      (5)  The defendant is an offender against the [elder,]
 4           elderly, handicapped, or a minor under the age of
 5           eight, whose imprisonment for an extended term is
 6           necessary for the protection of the public.  The court
 7           shall not make this finding unless:
 8           (a)  The defendant attempts or commits any of the
 9                following crimes:  murder, manslaughter, a sexual
10                offense that constitutes a felony under chapter
11                707, robbery, felonious assault, burglary, or
12                kidnapping; and
13           (b)  The defendant, in the course of committing or
14                attempting to commit the crime, inflicts serious
15                or substantial bodily injury upon a person who is:
16                (i)  Sixty years of age or older;
17               (ii)  Blind, a paraplegic, or a quadriplegic; or
18              (iii)  Eight years of age or younger; and
19           (c)  Such disability is known or reasonably should be
20                known to the defendant.
21      (6)  The defendant is a hate crime offender whose
22           imprisonment for an extended term is necessary for the

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                                     H.B. NO.           

 1           protection of the public.  The court shall not make
 2           this finding unless:
 3           (a)  The defendant is convicted of a crime under
 4                chapter 707, 708, or 711; and
 5           (b)  The crime was predominately motivated by the
 6                victim's perceived race, color, religion,
 7                ancestry, national origin, gender, transgender,
 8                sexual orientation, age, or disability."
 9      SECTION 3.  Chapter 846, Hawaii Revised Statutes, is amended
10 by adding a new part to be appropriately designated and to read
11 as follows:
12                 "PART  .  HATE CRIME REPORTING
13      846-    Definitions.  As used in this part, the following
14 terms have the following meanings:
15      "Hate crime" means any criminal act predominately motivated
16 by a perpetrator's hostility towards the victim's perceived race,
17 color, religion, ancestry, national origin, gender, transgender,
18 sexual orientation, age, or disability.
19      "Hate crime data" means information, incident reports,
20 records, and statistics relating to hate crimes, collected by the
21 data center.
22      "Incident report" means an account of occurrence of a hate

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                                     H.B. NO.           

 1 crime received or collected by the data center.
 2      "Sexual orientation" means:
 3      (1)  Having a preference for heterosexuality, homosexuality,
 4           or bisexuality;
 5      (2)  Having a history of any one or more of these
 6           preferences; or
 7      (3)  Being identified with any one or more of these
 8           preferences.
 9      "Transgender" refers to persons who identify with, wish to
10 become, or publicly portray themselves as members of the gender
11 opposite to their biological birth assignment.
12      846-    Responsibility for system.  (a)  The department of
13 the attorney general shall be responsible for the collection,
14 storage, dissemination, and analysis of all hate crime data from
15 all agencies that have primary investigative, action, or program
16 responsibility for adult or juvenile offenses, including the
17 county police departments, the county prosecutors, the family
18 courts, and the departments or agencies responsible for
19 administering any correctional facilities.
20      (b)  The attorney general shall develop the system and the
21 procedures for reporting, inputting, accessing, and protecting
22 the information concerning the commission of hate crimes and

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                                     H.B. NO.           

 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.
21      846-  Annual reports.  The attorney general shall
22 summarize and analyze reports of hate crime data that are

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                                     H.B. NO.           

 1 received, and shall compile and transmit an annual report of hate
 2 crime data to the governor, the judiciary, the department of
 3 public safety, and the legislature."
 4      SECTION 4.  This Act does not affect rights and duties that
 5 matured, penalties that were incurred, and proceedings that were
 6 begun, before its effective date.
 7      SECTION 5.  Statutory material to be repealed is bracketed.
 8 New statutory material is underscored.
 9      SECTION 6.  This Act shall take effect upon its approval.
11                           INTRODUCED BY:  _______________________