SENATE BILL REPORT

EHB 2237

BYRepresentative Anderson

Enacting the Antibigotry and Bias Act of 1989.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 19, 1990; February 22, 1990

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Niemi, Patrick, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 22, 1990

BACKGROUND:

In the past several years, there has been a steady increase in the number of incidents involving racial or religious harassment of Washington citizens.  Last year, a youth who confessed to burning a cross on the lawn of an interracial family in Kitsap County was acquitted under the malicious harassment statute.  The defense argued, and the jurors apparently concluded, that the statute applied only when the harassment was solely due to race.  The jurors also interpreted the statute as applying only to organized hate groups and not to individuals.

In light of the present confusion regarding the proper interpretation and implementation of the malicious harassment statute, it is recommended that the current law be amended to clarify the Legislature's intent and purpose.

In addition, most law enforcement agencies have not established reporting systems that produce an accurate and comprehensive measurement of the extent of criminal activity that is clearly based on racial or religious motivations.  To date, both local and national responses to these bias crimes have been hindered by the lack of data concerning the number, location, and types of bias crimes.

It is suggested that a bias crime reporting system would assist law enforcement in development preventive strategies, and provide legislators and other governing bodies with information for the development and implementation of policy to reduce crimes motivated all or in part by race, ethnicity, and religion.

SUMMARY:

The definition of malicious harassment is modified to include malicious and intimidating actions that are reasonably related to, associated with, or directed towards a person's race, color, religion, ancestry, national origin, sexual orientation, or handicap.  Examples of words or conduct which constitute malicious harassment are included.

The Administrator for the Courts is required to develop a malicious harassment educational training program for superior court and Court of Appeals judges, and justices of the Supreme Court by July 1, 1989.

The Washington Association of Sheriffs and Police Chiefs is required to establish and maintain a central repository for the collection and classification of information regarding crimes that violate the malicious harassment law and are motivated all, or in part, by bigotry and bias.  A procedure to monitor, record, and classify bias crimes must be developed by the association, and submitted to the Senate Law and Justice and House of Representatives Judiciary Committees for approval by November 1, 1989.

Law enforcement agencies are required to report all violations of the malicious harassment statute monthly to the association.  The association must summarize the information and file an annual report with the Governor and with the Senate Law and Justice and House of Representatives Judiciary Committees.

The association is required to disseminate the information in accordance with the Washington State Criminal Records Privacy Act, the Criminal Justice Information Act, and all confidentiality requirements imposed by law.

The Criminal Justice Training Commission is required to provide training for law enforcement officers in identifying, responding to, and reporting all bias crimes.

The association's classification and collection of bias and bigotry crimes along with dissemination and training provisions, is contingent upon funding in the state budget.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 14, 1990

SUMMARY OF PROPOSED SENATE AMENDMENTS:

"Sexual orientation" and "gender" are now included within the malicious harassment statute.  Revisions to the malicious harassment statute that were already enacted during the 1989 session are deleted.

The language requiring the Administrator for the Courts to develop a malicious harassment training program for judges and justices is deleted because it was previously enacted during the 1989 session.

Senate Committee - Testified: PRO:  Representative Anderson, prime sponsor; Bev Ickest, Mert Obert, WASPC; Herb Effron, Antidefamation League; Joan Gaumer, Privacy Fund; Merry Kogut, Washington State Human Rights Commission; Robin Stephens, Governor's Committee on Disability Issues & Employment; Deni Yamauchi, Center for Democratic Renewal; Patricia Lee, Commission on Asian American Affairs; Bill Wassmuth, NW Coalition Against Malicious Harassment; Rebecca Summers, Chair, City of Tacoma Human Rights Commission; Monte Montgomery, WASPC; Hector Gonzalez, Director, State Commission on Hispanic Affairs; James Kelly, Director, African American Affairs Committee; Tony Lee, Washington Association of Churches; Leo Poort, Seattle Policy Department; Janet McLane, Administrator for Courts; Pat Thibaudeau, Washington Women United