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Utah Senate Advances Hate‑Crimes Penalty Bill After Heated Debate

Utah State Senate · February 14, 2000
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Summary

After extended debate about proof and prosecutorial discretion, the Utah Senate on Feb. 14 advanced Senate Bill 14 — a hate‑crimes enhancement modeled on a Texas statute — to third reading by a 19–10 vote. Supporters said the measure gives local prosecutors tools; critics warned about proving motive.

The Utah Senate advanced a bill that would create enhanced penalties for crimes motivated by bias, voting 19–10 on Senate Bill 14 on Feb. 14 and sending it to the third‑reading calendar.

Senator Suazo, who sponsored the bill, told colleagues the measure is “modeled after the Texas statute” and aims to provide a workable state law because, he said, Utah has struggled to prosecute hate crimes: “We have never had anyone in Utah prosecuted for a hate crime,” Suazo said during his remarks. He told the chamber the bill uses broad language so that protections apply regardless of the target’s identity and that it is intended to give local law enforcement and prosecutors an enhancement tool now handled only by the U.S. attorney in some cases.

Supporters pointed to recent incidents and statistics to argue a law is needed. Suazo told the Senate there were 68 reported hate‑crime incidents in Utah the previous year and said many were racially motivated; he and others cited acts such as racially motivated graffiti and a cross burning as examples of conduct the bill would help address. “A hate crime goes beyond just the individual victimization,” Suazo said. “It is intended oftentimes to create terror to an entire community.”

Opponents focused on how prosecutors would prove bias and whether the law in effect punishes thought rather than conduct. Senator Mansell asked whether the bill would permit enhanced penalties “based on what someone thinks,” a concern echoed by other senators who stressed that enhancements must be tied to provable facts. Suazo and backers responded that the statute requires the trier of fact to find beyond a reasonable doubt that the defendant selected the victim because of bias, and that courts must rely on external evidence in addition to the underlying crime.

Senator Hilliard, who said she had not supported past hate‑crime measures, announced she would back this bill after consulting with prosecutors who told her the statute provides a usable tool: “They feel that it’s a workable bill,” she said.

The bill drew questions about juveniles, burden of proof, and whether enhanced penalties would be appropriate in borderline cases. Sponsors said the measure focuses on evidence beyond the crime itself and includes protections that require factual findings by a jury or judge.

The bill drew support from the Salt Lake chapter of the NAACP, the Utah Sentencing Commission and statewide prosecuting organizations, Suazo said on the floor. After debate, the Senate recorded 19 aye votes and 10 nays and advanced the bill for further consideration.

The measure’s next procedural step is third reading in the Senate; if approved there, it would move to the House for consideration.