00       SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) am S                                                     
01 Relating to a diverse community; condemning a recent racially motivated attack; and                                     
02 requesting the Municipality of Anchorage police department to continue their conclusive                                 
03 investigation and requesting the criminal justice system to take rapid action to reach the                              
04 determination of this case.                                                                                             
05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06       WHEREAS Anchorage is a diverse community with more than 18 identified ethnic                                    
07 groups making up nearly 30 percent of its population; and                                                               
08       WHEREAS more than 20 percent of the Alaska Native and Native American                                           
09 population of the state resides in Anchorage; and                                                                       
10       WHEREAS Anchorage has a responsibility to take a leadership role in eliminating                                 
11 unlawful discrimination and an obligation to help create a climate of tolerance and                                     
12 understanding with the various ethnic groups in the city; and                                                           
13       WHEREAS the recent incident involving targeting of Alaska Natives for harassment                                
14 and violent action by three youthful Anchorage residents armed with paintball guns is                                   
15 deplorable and reflects badly on every citizen of Anchorage and the State of Alaska; and                                

01       WHEREAS federal law 18 U.S.C. 245 makes it unlawful by the commission of                                        
02 certain acts to prevent a person from exercising a "federally protected right" when the                                 
03 assailant is motivated by bias based on race, religion, national origin, or color; and                                  
04       WHEREAS Alaska law AS 12.55.155(c)(22) provides as an aggravating factor for                                    
05 sentencing for a serious crime that "the defendant knowingly directed the conduct constituting                          
06 the offense at a victim because of that person's race, sex, color, creed, physical or mental                            
07 disability, ancestry, or national origin," and the finding of an aggravating factor allows the                          
08 court to increase a presumptive sentence for such an offense up to the maximum sentence for                             
09 that offense; and                                                                                                       
10       WHEREAS the Alaska State Legislature condemns all hate crimes, racism, and                                      
11 unlawful discrimination and calls on the public and the citizens of the state to likewise                               
12 condemn hate crimes, racism, and unlawful discrimination in any form;                                                   
13       BE IT RESOLVED that the Alaska State Legislature condemns the recent racially                                   
14 motivated attack in Anchorage and finds the conduct of those perpetrating this act, or any                              
15 similar conduct, to be reprehensible and unacceptable; and be it                                                        
16       FURTHER RESOLVED that the Alaska State Legislature requests the Municipality                                    
17 of Anchorage police department to complete a thorough and conclusive investigation of that                              
18 attack so as to allow the criminal justice system to take the actions necessary to reach a rapid                        
19 determination; and be it                                                                                                
20       FURTHER RESOLVED that the Alaska State Legislature joins with the Alaska                                        
21 Federation of Natives in their request to the United States Commission on Civil Rights to                               
22 conduct a formal investigation into this incident and other incidents of unlawful                                       
23 discrimination in Alaska.                                                                                               
24       COPIES of this resolution shall be sent to the Honorable John Ashcroft, Attorney                                
25 General of the United States; the Honorable Mary Frances Berry, Chair, United States                                    
26 Commission on Civil Rights; the Honorable George Wuerch, Mayor of Anchorage; the                                        
27 members of the Anchorage Assembly; Julia Kitka, President, Alaska Federation of Natives;                                
28 and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and                                  
29 the Honorable Don Young, U.S. Representative, members of the Alaska delegation in                                       
30 Congress.