Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Hate Crimes topic
No spam. Unsubscribe anytime.
Senate debate over hate-crimes bill centers on intent, categories and First Amendment limits; companion evidence resolution passes
Summary
Floor debate on SB107 (hate-crimes amendments) included extended exchanges about whether to expand protected categories to include sexual orientation and gender identity and how to limit evidence of expressive association; sponsor said he would not advance SB107 without SJR13; SJR13 (rules-of-evidence resolution) passed 29-0.
Sen. Urquhart presented SB107, a package of hate-crime amendments that would expand protections and provide penalty enhancements when prosecutors prove an actor committed an offense "in whole or in part" because of a victim's protected characteristic. The bill sparked a long floor debate over the statutory standard of intent, the categories to be protected, and the potential for First Amendment conflicts.
Urquhart emphasized the law’s purpose was to recognize crimes that send a broader message to an entire community and to provide enhanced punishment where criminal intent can be proven. "This is why we have specific protections in our laws for race and ancestry," he said, recounting historical examples and arguing that some attacks are intended to terrorize communities.
Several senators pushed back. Concerns included whether the bill could chill constitutionally protected speech or result in so-called "thought crimes." One senator framed the objection: "We shouldn't punish people for their First Amendment right," and argued the statute's drafting (lines cited by senators) might allow evidence of beliefs to be introduced improperly.
To address First Amendment risk, Urquhart said he would not advance SB107 unless an accompanying rules-of-evidence change—SJR13—accompanied it. SJR13 narrows the circumstances in which a defendant's expressive association or unrelated speech can be admitted, allowing such evidence only when it directly relates to the hate-crime charge. The Senate passed the substitute resolution SJR13 by a recorded count of 29 yay, 0 nay. Urquhart said he would not move SB107 forward unless SJR13 accompanied the bill.
