Hate Crimes Data Compilation

Creates a temporary pilot program to compile, track, and analyze
hate crimes data. (SB605 HD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
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.  This is an
 5 issue debated nationally and is currently pending before the
 6 United States Congress.
 7      According to the Southern Poverty Law Center (SPLC),
 8 however, Hawaii is not a center of hate crime activity compared
 9 to other states.  The SPLC recorded only one nonviolent hate
10 crime for 1998, in Keaau, Hawaii, where a swastika and "heil,
11 Hitler" were sprayed-painted on an elementary and intermediate
12 school.  The legislature finds that the lack of information
13 regarding actual hate crimes perpetrated in Hawaii has caused a
14 real need to gather and evaluate hate crimes data at the state
15 level.
16      The purpose of this Act is to establish a temporary pilot
17 program to compile, track, and analyze hate crimes data in the
18 State of Hawaii.
19      SECTION 2.  (a)  There is created a temporary pilot program,
20 to be administrated by the department of the attorney general for
21 the collection, storage, dissemination, and analysis of all hate

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 1 crime data from all agencies that have primary investigative
 2 action, or program responsibility for adult or juvenile offenses,
 3 including the county police departments, the county prosecutors,
 4 the family courts, and the departments or agencies responsible
 5 for administering any correctional facilities.
 6      (b)  Agencies that have investigative, detention, custodial,
 7 adjudicative, or program responsibility for adult or juvenile
 8 offenses shall cooperate with the attorney general in the
 9 establishing of the temporary hate crime reporting pilot program
10 by:
11      (1)  Providing information that are in the agency files that
12           can be included pursuant to the format approved by the
13           attorney general;
14      (2)  Maintaining internal procedures consistent with uniform
15           procedures and guidelines as provided by the attorney
16           general;
17      (3)  Reporting information to the attorney general that is
18           timely, complete, and accurate after the occurrence of
19           an event over which the agency had direct
20           responsibility; and
21      (4)  Maintaining procedures for the periodic checking of
22           information to minimize the possibility of storing and
23           maintaining inaccurate information.

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 1      (c)  The attorney general shall summarize and analyze
 2 reports of hate crimes that are received, and shall compile and
 3 transmit a report of hate crime data to the legislature by
 4 January 10, 2000.
 5      (d)  One hundred twenty days after the submission to the
 6 legislature of its final report, the pilot program shall cease to
 7 exist.
 8      SECTION 3.  This Act shall take effect upon its approval.