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House circles substitute hate‑crimes penalties bill after debate over definitions and scope
Summary
Lawmakers debated Substitute HB 112, which would raise penalties for intimidation‑based offenses and broaden protected categories by focusing on intent to intimidate or terrorize. Members adopted a drafting amendment to fix a looping definition, then voted to 'circle' the substitute for further drafting (motion passed 38–25).
Substitute House Bill 112 — the penalties counterpart to HB 111 — drew extended floor debate Wednesday as members questioned how the bill's definitions would operate and whether the language might unintentionally elevate ordinary property crimes to felonies.
Sponsor Representative Pignanelli described the substitute as a new approach that focuses on three elements: a primary offense committed with the intent to intimidate or terrorize, conduct causing fear for physical safety or property damage, and a purpose to interfere with a person's constitutional or statutory rights. "These three elements are targeted towards misdemeanor crimes," Pignanelli said, adding that the substitute raises certain bias‑motivated misdemeanor conduct to a third‑degree felony when those elements are proven.
Several members pressed sponsors on the definition of "intimidate or terrorize," asking whether ordinary property damage or theft could be swept into the statute. Members proposed and discussed a drafting amendment to remove a wording loop (deleting the words "intimidating or" in a clause) to clarify that damage must be accompanied by the specific intent to interfere with civil rights. Representative Harwood described the amendment as "a good way to approach this" and the House adopted the technical fix.
After additional questions about scope, including the list of predicate offenses and whether the bill required a new fiscal note, the House voted to circle the substitute bill to permit sponsors to clean up language and return it for further consideration. The motion to circle passed by division, recorded at 38–25.
What happens next: By circling HB 112, the House places the substitute on hold so sponsors and counsel may refine statutory language to address concerns raised on the floor. The bill may return later in the session with revised language and fiscal information.
