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One of the biggest legislative disappointments in Utah the past decade has been the failure of Utah lawmakers to pass a meaningful and enforceable hate crimes measure.
This year, in his admirably persistent effort to advance hate crimes legislation, Representative David Litvack has changed his approach. His House Bill 90 would allow judges and the Board of Pardons and Parole to consider certain “aggravating factors” such as a victim’s membership in a group when sentences are handed down or paroles are considered.
No mention is made of specific groups. No list is included.
And that should be plenty palatable to lawmakers who in past years rejected hate crimes measures primarily because sexual orientation was included on the list.
Frankly, KSL prefers the listing of specific groups. Any measure aimed at strengthening penalties for crimes committed primarily because of a perpetrator’s actual bias or prejudice should be unambiguous. The more specific the legislation, the easier it would be to enforce and prosecute. Sadly, genuine efforts to pass that kind of law have consistently met stiff, ideological resistance on Capitol Hill.
Though somewhat diluted, Litvack’s latest measure offers a reasonable compromise on this volatile issue. In our view, it is an approach all but the most calloused lawmakers can accept.
