Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 951 entitled:

begs leave to report as follows:

The purposes of this measure are to provide for extended terms of sentencing for perpetrators of so-called "hate crimes" directed at certain categories of persons, and to establish a system for the collection and dissemination of data related to hate crimes.

Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission, the Hawaii State Commission on the Status of Women, the Civil Unions-Civil Rights Movement, the Japanese American Citizens League, the Anti-Violence Project, and eight concerned citizens.

Testimony in opposition to this measure was submitted by the Office of the Public Defender, Christian Voice of Hawaii, the Graduate Student Organization Court, and eight concerned citizens. The Office of Information Practices submitted comments on this measure.

Your Committee finds that the number of crimes motivated by the personal characteristics of the victim have increased dramatically in recent years. Many states have passed laws similar to the instant measure, which provide for harsher criminal penalties when a court finds that the criminal perpetrator acted out of malice against the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability. Your Committee agrees that the State should do everything possible to deter such crimes.

Your Committee also supports the establishment of a system for the collection and dissemination of data related to so-called "hate crimes." With such a system in place, the State will be better able to analyze patterns of hate crimes, to determine ways in which the State can combat the problem.

Your Committee amended the data collection and dissemination provisions to specify that any information collected and disseminated by the attorney general to other government agencies shall be subject to sections 92F-19 and 92F-13, Hawaii Revised Statutes. These sections govern generally the dissemination of public information to other governmental agencies.

While your Committee supports the intent of this measure, constitutional issues are raised by this measure.

Therefore, your Committee has inserted a defective date of enactment of January 1, 2050, for purposes of providing for further discussion this legislative session.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 951, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 951, S.D. 1, and be placed on the calendar for Third Reading.