03/17/2010 01:30 PM Senate JUDICIARY

                       SB 202-HATE CRIMES                                                                                   
                                                                                                                                
2:28:06 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 202 and asked for                                                               
a motion to adopt the proposed committee substitute (CS).                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI moved  to adopt the judiciary  work draft CS                                                               
for SB 202,  labeled 26-LS1097\E, as the  working document. There                                                               
being no objection, version E was before the committee.                                                                         
                                                                                                                                
CHAIR FRENCH  explained that the  CS was prepared at  his request                                                               
to  add "gender  identity" to  the  list of  improper objects  of                                                               
crime. It  provides a definition  of gender identity and  adds it                                                               
to  the  aggravator  statute  for the  same  reason  that  sexual                                                               
orientation was added.                                                                                                          
                                                                                                                                
2:29:29 PM                                                                                                                    
THOMAS OBERMEYER,  Staff to Senator  Bettye Davis, sponsor  of SB
, said the CS is appropriate.                                                                                                
                                                                                                                                
CHAIR FRENCH asked for committee discussion or a motion.                                                                        
                                                                                                                                
SENATOR EGAN moved  to report CS for SB 202  from committee [with                                                               
individual recommendations and attached fiscal note(s).]                                                                        
                                                                                                                                
SENATOR COGHILL objected.  He expressed the view  that the crimes                                                               
that  are currently  on the  books already  include these  crimes                                                               
that are  based on  motivation of prejudice,  bias or  hatred. He                                                               
said  he  agrees  that  if  it  were law  it  should  be  in  the                                                               
aggravator statute, but he isn't ready to go there yet.                                                                         
                                                                                                                                
2:31:50 PM                                                                                                                    
CHAIR  FRENCH  said  that  as  a former  prosecutor  he  is  very                                                               
familiar with  the idea  of proving an  individual's intent  to a                                                               
jury and  it is  not easy.  Because it is  so difficult  to prove                                                               
intent, he  believes that  this statute  would be  used extremely                                                               
infrequently should this  become law. He pointed  out that before                                                               
anyone would  be convicted of  this crime,  a jury would  have to                                                               
decide  unanimously  and  beyond  a  reasonable  doubt  that  the                                                               
individual's conduct was  directed at the victim  for the reasons                                                               
listed in the statute.                                                                                                          
                                                                                                                                
A  roll call  vote  was  taken and  the  motion  passed 3:2  with                                                               
Senators Wielechowski,  Egan, and French voting  yea and Senators                                                               
Coghill and  McGuire voting nay.  Therefore, CSSB  202(JUD) moved                                                               
from the Senate Judiciary Standing Committee.