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Judiciary committee approves amendment to H.118 removing “particular” from protected-class language
Summary
The Judiciary Committee approved draft 1.1 of H.118, which removes the word “particular” from language describing actual or perceived membership in a protected category; members debated constitutionality and prosecutorial impact before advancing the bill to the floor.
The Judiciary Committee approved an amendment to H.118 on Feb. 5 that removes the word “particular” from language describing a person’s actual or perceived membership in a protected category, the committee's legislative counsel said.
Ben Novogrovsky, legislative counsel to the committee, told members the change appears on page 1, line 11, and is mirrored on page 2, line 4 of draft 1.1. "On page 1, line 11, the word particular has been removed from a group of particular persons. So now it would just read, another person's or group of persons actual perceived membership in a protected category… and then again, the same changes reflected on page 2, line 4," Novogrovsky said.
Committee discussion centered on how "perceived membership" would be interpreted in practice and on constitutional questions raised by witnesses and members. Novogrovsky said perceptions would be established "based on a…
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