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Committee adds gender and sexual orientation to hate‑crime aggravator; broader amendment failed
Summary
The committee approved House Bill 24, which adds sexual orientation and gender identity as aggravating factors at sentencing, 5–2, after rejecting an amendment that would have replaced the bill’s enumerated list with broader language covering any targeted association.
House State Affairs moved House Bill 24 out of committee by a 5–2 vote on May 13 after debate about the scope and wording of hate‑crime aggravators.
Representative Vance moved an amendment that would have replaced a narrowly enumerated list of protected characteristics with broader language aimed at covering any individual targeted "based upon hate or bias because of an association with any particular group." Vance argued the language would be inclusive and future‑proof. “This amendment ensures that any individual who's targeted based upon hate or bias because of an association with any particular group is afforded the same protection under this aggravator,” Representative Vance said.
Sponsor staff (Ken Alper, staff to Representative Josephson) told the committee the sponsor appreciated the intent but was uncomfortable that the amendment’s broad language might be too vague and would effectively remove existing enumerated categories in the current statute. Several committee members expressed similar concerns about vagueness and whether the broader language would hold up in court; others favored adding explicit references to sexual orientation and gender identity so those groups are clearly covered.
The amendment was objected to and failed on a roll call (3 ayes, 4 nays). After further discussion, Vice Chair Story moved to report House Bill 24 from committee with individual recommendations and attached fiscal notes. Representative Vance registered a final objection to the bill itself, stating he opposed elevating two listed characteristics above others; Rep. Kerrick and other supporters said the bill preserves and extends existing protections. The committee voted 5 yeas, 2 nays to move the bill out of committee.
Committee debate included references to FBI reporting indicating increases in anti‑LGBTQ incidents in recent years and the sponsor’s presentation noting that more than 30 states have taken steps to include sexual orientation and gender identity in hate‑crime statutes. The committee did not adopt the broader, catch‑all amendment but did advance the bill as written to the next legislative stages.
