Legislature(2001 - 2002)

2001-04-23 House Journal

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2001-04-23                     House Journal                      Page 1135
     relating to a diversity tolerance program for certain juvenile                                 
     delinquency acts; relating to a civil cause of action for certain acts                         
     involving discriminatory harassment; and providing for an                                      
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services, Judiciary, and Finance Committees.                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Corrections                                                             
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated April 20, 2001, appears below:                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting to you today a piece of legislation that I wish were                              
not needed with hopes that some day it will become an unnecessary                                   
law on the books.  This bill may be called Alaska's Hate Crime Act.  It                             
is intended to adequately punish those ignorant offenders who commit                                
crimes based on hatred of another because of who that person is.  It is                             
intended to send the clear message that Alaskans condemn this                                       
intolerance of diversity.                                                                           
                                                                                                    
This bill expands the legal protection given to those in our society                                
most vulnerable to attack because of prejudice.  Our current law                                    
allows for an aggravated sentence in felony cases if the offender was                               
consciously attacking the victim because of that person's race, sex,                                
color, creed, physical or mental disability, ancestry or national origin.                           
This bill:                                                                                          
                                                                                                    
     · Includes in the list of aggravators a victim's sexual orientation                            
         or economic disadvantage;                                                                  
     · Clarifies that the aggravators may apply even if the offender                                
         mistakenly perceived the victim to fall into one of the listed                             
         attributes;                                                                                
     · Imposes mandatory minimum sentences for hate crime                                           
         misdemeanors;