Legislature(2001 - 2002)

2001-04-23 Senate Journal

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2001-04-23                     Senate Journal                      Page 1218
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Corrections                                        
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
Governor's transmittal letter dated April 20:                                                       
                                                                                                    
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;                                                                          
      · Prohibits the suspension of imposition of sentences in hate                                 
             crime cases;                                                                           
      · Requires sanctions for juveniles who commit hate crimes                                     
             including community work service and referral to a diversity                           
             tolerance program;                                                                     
      · Creates a civil right of action allowing victims to sue their                               
             attacker or the parents of a juvenile attacker.                                        
                                                                                                    
This bill cannot solve the problem on its own. Punishing hate crimes                                
will not curb bigotry. We can end the scourge of prejudice only                                     
through teaching and sharing with our children the value of cultural                                
diversity and the respect all human beings deserve.