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House adopts substitute hate-crimes bill after clarifying amendment
Summary
The Utah House unanimously passed substitute H.B. 112 after lawmakers adopted a floor amendment narrowing the statute to require intent to cause fear that interferes with a person's exercise of rights. Sponsors said the change tightens the law to avoid constitutionally protected speech while protecting targeted individuals.
The Utah House on Feb. 11 adopted a substitute hate-crimes bill, H.B. 112, after approving a floor amendment that tightened the law’s mens rea element.
Representative Pignanelli, the bill’s sponsor, opened debate by recounting constituent incidents of harassment and property defacement and said the measure had broad backing from religious and ethnic organizations. He said the goal is to send “a strong signal that we care” and to provide statutory tools to address intimidation that targets people because of protected characteristics.
Representative Howard moved a substitute amendment (pink sheet, Feb. 11) that removed broader language and replaced it with a requirement that the underlying act be committed “with the intent to cause a person to fear to freely exercise or enjoy his rights.” Howard said the change was intended to narrow the statute to the intimidation element that distinguishes hate crimes from other offenses.
Debate focused on keeping the statute within constitutional limits and avoiding overbreadth. Supporters, including Representative Piccinelli, said the amendment tightened the bill to the “root of the problem” by focusing on intimidation and harassment designed to deprive people of constitutional rights. Opponents did not prevail. Representative Pignanelli waived final summation and urged passage, saying the bill grew from complaints from residents close to the Capitol and broader community groups.
After the amendment passed on the floor, the House recorded the passage of substitute H.B. 112; the clerk’s tally was recorded as having received 70 affirmative votes and 0 negative votes and the bill was forwarded to the Senate for its consideration.
What happens next: The bill will go to the Senate for consideration and any further amendments; sponsors said they expect to monitor implementation and court interpretation of the statute.
