2009 House Bill 4835 (Create “bias-motivated” crime )

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Introduced by Rep. Woodrow Stanley (D) on April 28, 2009, to authorize sentencing guidelines for the “bias-motivated” criminal offense proposed by House Bill 4836.
- Referred to the House Judiciary Committee on April 28, 2009.
  - Reported in the House on May 13, 2009, without amendment and with the recommendation that the bill pass.
Passed in the House (66 to 43) on May 20, 2009. [Vote Details and Comments]
Received in the Senate on May 21, 2009.
- Referred to the Senate Judiciary Committee on May 21, 2009.

Most Recent Comments

1) Re: 2009 House Bill 4835 (Create “bias-motivated” crime ) [by DJStuCrew on May 21, 2009]

Clearly unconstitutional. First: it creates different penalties for crimes against different groups. This violates equal protection. Second, it seems to require the ability to read minds. I haven't heard of anyone leaving a note at a lynching or drive-by. While bigotry is ignorant, it's not illegal. It is the act, not the screwed-up thinking behind it. We're speaking here about "thought crimes." In the end, does it matter what the motivation for a crime was?

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2) Re: 2009 House Bill 4835 (Create “bias-motivated” crime ) [by Admin003 on May 21, 2009]

Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill,

“Mr. Speaker and members of the House:

I agree with the intent of this bill that we should not be a society that tolerates hate of any kind. This is a noble principle. But as I have stated in the past - the problem with these bills is it provides different victims with greater rights and for this reason it is unfair. A crime is a crime and our justice system should be fair. Why treat victims unfairly? My substitute will allow us to find that common ground.”

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3) 2009 House Bill 4835 (Create “bias-motivated” crime ) [by admin on January 1, 2001]
Introduced in the House on April 28, 2009

The vote was 66 in favor, 43 opposed and 1 not voting

(House Roll Call 250 at House Journal 0)

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