As the Utah Legislature begins its session this year, one of the items on the agenda is an amendment to the state's ineffective and vaguely worded hate crimes law.
It is reassuring after nine years of an ineffective law that state legislators have finally determined to be proactive in creating provisions designed to protect all groups from bias-motivated crimes.
The bill, if passed, would enhance penalties for crimes motivated by bias or prejudice.
The original hate crimes provision, passed in 1992, is similar, but full of vagaries.
Criminal prosecutors and judges have said they have a difficult time determining the correct definition of the law's terminology. Under the current law, a hate crime is one committed 'with the intent to intimidate or terrorize another person.'
The problem is that almost any crime is committed with the intent to intimidate or terrorize -- hate crime or not.
The new bill correctly differentiates hate crimes from other criminal acts.
The bill would define a hate crime as one motivated by actual bias or prejudice, proven beyond a reasonable doubt.
Hate crimes are violent acts against people, property or organizations because of the group to which they belong or identify with.
This means a brick thrown through a window to vandalize is not a hate crime. But a brick thrown through a window because of a person's race, religion or sexual orientation is a hate crime -- a crime motivated by the criminal's personal bias.
Enhancing penalties for crimes of hate are appropriate because such crimes affect an entire group, not just individual victims.
Utah legislators intend to more clearly draw the line between a crime motivated by prejudice and hate and one motivated by money or personal gain. Hate crimes laws serve a useful purpose as long as they accomplish their goal of protecting those discriminated against and punishing those who commit these ignorant crimes.
Some may argue it is impossible to judge the criminal's motive, but in regular criminal cases motives are always a relevant issue. Others may argue that because of Utah's lack of diversity, there is no need for a hate crimes law. This is an ignorant attitude to assume.
Hate crimes include crimes motivated by race, religion, ethnicity and sexual orientation. Good hate crimes laws protect minorities and majorities alike.
We need to support our legislators as they consider amending the old law with one that will cause perpetrators to think twice about committing bias crimes and severely punish those who do.