 By Ronna Bolante
Advertiser Capitol Bureau
A "hate crime" conviction could bring an extended jail term, under a bill approved by the Senate Judiciary Committee yesterday.
The legislation covers crimes against victims that are carried out because of their race, sex, religion, sexual orientation, age or disability. Although most states have laws that increase the punishment for hate crimes, similar laws in Hawai‘i have been rejected by legislators in previous years.
Despite the state’s ethnic diversity, "there’s a strong desire to recognize that hate crimes do occur in Hawai‘i," said committee member Sen. Russell Kokubun, D-3rd (Ka‘u, Kona). The measure, Senate Bill 951, now moves to the full Senate for consideration. It has support from a number of organizations, including the Hawai‘i Civil Rights Commission, Civil Unions-Civil Rights and the Hawai‘i State Commission on the Status of Women.
During testimony yesterday, proponents of the measure cited the 1997 beating death of former hotel executive Kenneth Brewer, 58, a gay Hawai‘i Kai man. Stephen Bright, 30, was arrested and charged with second-degree murder. He testified he had gone to Brewer’s condominium believing that Brewer was heterosexual, and began punching Brewer when the older man undressed and advanced toward him. A jury found Bright guilty of misdemeanor assault, and he was sentenced to one year in prison and fined $2,000, drawing criticism from Brewer’s relatives and outrage from the gay and lesbian community.
"Reports of horrific crimes in Texas, Wyoming and Hawai‘i motivated by the victim’s race or sexual orientation demonstrate the need for legislation to combat bias-motivated hate crimes," said Harry Yee, chairman of the Hawai‘i Civil Rights Commission.
Senator against laws
Hate crime legislation introduced last year was approved in the Senate but stalled in the House. Those who oppose the idea argue there is no need for hate crime laws in Hawai‘i.
It is a bill that could threaten the right to free speech, said Sen. Sam Slom, R-8th (Wai‘alae Iki, Hawai‘i Kai). Slurs used by offenders would be one way to classify a crime as hate-motivated, he said, which could violate the First Amendment.
"I’m not the only one who’s raising these issues," Slom said. "Most of my colleagues and some people in the public will tell you they have concern, but are afraid to do that publicly because anybody who raises a question seems to be broad-brushed with the euphemism that you’re a bigot. That is absolutely not the case."
State public defender John Tonaki said courts already are able to fashion a sentence based on the seriousness of the crime. He also argued that a crime could be classified as hate-motivated even though that was not the criminal’s intention.
"Often, in assault or terroristic threatening cases, in the heat of the moment, derogatory racial or gender-based terms are muttered, even when the incident had nothing to do with race or gender of the victim," Tonaki said.
Kokubun acknowledged the difficulties in prosecuting hate crime cases, but said testimony given yesterday showed graphic examples that such crimes take place in Hawai‘i. He also countered that a hate crime law would not threaten free speech rights.
"It’s not going to be interpreted in a way that would curtail free speech," Kokubun said. "It’s when those kinds of thought patterns are manifest in terms of action, violent action."
Slom said the focus should be on prevention rather than acting after "somebody is already a victim."
"We’re putting wedges between people, and we’re doing it on the basis of race, color, sexual orientation rather than saying we should be redoubling our effort to take care of crimes against any person, regardless of that," Slom said.
Creation of database
In addition to increasing penalties in hate crime cases, the bill would create a database run by the attorney general’s office to track hate crimes in Hawai‘i. Hawai‘i is one of only four states that do not participate in the hate crimes data reporting program created by the federal Hate Crimes Statistics Act.
Voting in favor of the bill were Sens. Brian Kanno, D-20th (‘Ewa Beach, Makakilo, Kapolei); Carol Fukunaga, D-12th (Makiki, Ala Moana, Tantalus); Les Ihara Jr., D-10th (Waikiki, Kaimuki); Kokubun; and Bob Nakata, D-23rd (Kane‘ohe, Kahuku).
Slom opposed the bill, and Sens. David Matsuura, D-2nd (S. Hilo, Puna); Jonathan Chun, D-7th (S. Kaua‘i, Ni‘ihau); and Colleen Hanabusa, D-21st (Barbers Point, Makaha), were excused.
The House Judiciary and Hawaiian Affairs Committee is scheduled to hear an identical bill, HB 390, at 10 a.m. today in State Capitol Conference Room 325.
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