Criminal Law

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

Stu Chisholm — Fri, 22 May 2009 00:47:57 GMT

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?

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

Admin003 — Thu, 21 May 2009 14:13:33 GMT

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.”

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

admin — Mon, 01 Jan 2001 05:00:00 GMT

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)

Click here to view bill details.