REPORT TITLE:
Hate Crimes


DESCRIPTION:
Qualifies for extended term sentencing criminal offenders who
select their victims because of hostility to their race, color,
religion, ancestry, national origin, gender, transgender, sexual
orientation, age or disability; provides a reporting mechanism to
compile, track, and analyze hate crimes data. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2429
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



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

 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 problem across the nation.  The legislature finds
 
 5 that the State's interest in preventing crimes motivated by
 
 6 bigotry and hate goes beyond its interest in preventing other
 
 7 felonies or misdemeanors, and that the protection of Hawaii's
 
 8 citizens from threats of harm due to bigotry and hate is a
 
 9 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 four states in
 
13 the country that do not participate in the hate crimes data
 
14 reporting program created by the federal Hate Crimes Statistics
 
15 Act.
 
16      The purpose of this Act is to allow extended term sentencing
 
17 for the perpetrators of hate-motivated crimes and to provide a
 
18 mechanism to compile, track, and analyze hate crimes data in
 
19 Hawaii.
 

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

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

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

 
 
 
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 1           (a)  The defendant is convicted of a crime under
 
 2                chapter 707, 708, or 711; and
 
 3           (b)  The defendant intentionally selected a victim, or
 
 4                in the case of a property crime, the property that
 
 5                was the object of a crime, because of hostility
 
 6                toward the actual or perceived race, color,
 
 7                religion, ancestry, national origin, gender,
 
 8                transgender, sexual orientation, age, or
 
 9                disability of any person."
 
10      SECTION 3.  Chapter 846, Hawaii Revised Statutes, is amended
 
11 by adding a new part to be appropriately designated and to read
 
12 as follows:
 
13                  "PART  .  HATE CRIME REPORTING
 
14      846-    Definitions.  As used in this part, the following
 
15 terms have the following meanings:
 
16      "Hate crime" means any criminal act in which the perpetrator
 
17 intentionally selected a victim, or in the case of a property
 
18 crime, the property that was the object of a crime, because of
 
19 hostility toward the actual or perceived race, color, religion,
 
20 ancestry, national origin, gender, transgender, sexual
 
21 orientation, age, or disability of any person.
 
22      "Hate crime data" means information, incident reports,
 
23 records, and statistics relating to hate crimes, collected by the
 
24 data center.
 

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

 
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 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 crimes data that are
 
23 received, and shall compile and transmit an annual report of hate
 

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