RELATING TO CRIME.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 368, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read:
 
 3                 "PART  .  HATE CRIMES TASK FORCE
 
 4      �368-  Establishment of task force.(a) There is
 
 5 established a hate crimes Task Force within the civil rights
 
 6 commission for administrative purposes.  The task force shall
 
 7 consist of seven members who shall be appointed by the governor.
 
 8 Each member of the task force shall serve for a two-year period
 
 9 without compensation.
 
10      (b) The task force, in conjunction with any affected state
 
11 agency shall:
 
12      (1)  Develop policy proposals for the State and assist with
 
13           coordinating efforts to promote prejudice reduction and
 
14           prevent and deter crimes based upon the victim's race,
 
15           color, religion, national origin, sexual orientation,
 
16           ethnicity, or gender; or physical, mental, or cognitive
 
17           disability;
 
18      (2)  Assist in diffusing tensions in communities affected by
 
19           such crimes;
 

 


REPORT TITLE:
Hate crimes


DESCRIPTION:
Establishes a task force on hate crimes and requires reporting
and training requirements with respect to hate crimes.

Page 2                                                     
                                     H.B. NO.744        
                                                        
                                                        

 
 1      (3)  Assist in providing training programs for members of
 
 2           the various county police departments and other
 
 3           interested community leaders or organizations;
 
 4      (4)  Establish and maintain a listing of conflict resolution
 
 5           programs and experts available as resources for
 
 6           communities in time of crisis; and
 
 7      (5)  Develop in conjunction with the department of education
 
 8           educational programs intended to educate, encourage,
 
 9           develop, promote, and strengthen respect for human
 
10           rights and cultural diversity and prevent and combat
 
11           racism, intolerance, and bigotry.
 
12      (c)  The task force shall submit an annual report of its
 
13 activities to the legislature no later than twenty days before
 
14 the beginning of each regular session."
 
15      SECTION 2.  Chapter 846, Hawaii Revised Statutes, is amended
 
16 by adding a new part to be appropriately designated and to read
 
17 as follows:
 
18            "PART  .  HATE CRIME REPORTING AND TRAINING
 
19      �846-    Definitions.  As used in this part, the following
 
20 terms have the following meanings:
 
21      "Data center" means the criminal justice data center
 
22 established in section 846-2.
 

 
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REPORT TITLE:
Hate crimes


DESCRIPTION:
Establishes a task force on hate crimes and requires reporting
and training requirements with respect to hate crimes.

                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.744        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT
 1      "Hate crime" means any criminal act coupled with overt
 
 2 actions motivated by bigotry and bias, including but not limited
 
 3 to a threatened, attempted or completed overt act motivated by
 
 4 the victim's race, religion, ethnicity, physical, mental or
 
 5 cognitive handicap, gender, or sexual orientation, or which
 
 6 otherwise deprives another person of the person's constitutional
 
 7 rights by threats, intimidation or coercion, or which seeks to
 
 8 interfere with or disrupt a person's exercise of constitutional
 
 9 rights through harassment or intimidation. 
 
10      "Hate crime data" means information, incident reports,
 
11 records, and statistics relating to hate crimes, collected by the
 
12 data center.
 
13      "Incident report" means an account of the occurrence of a
 
14 hate crime received or collected by the data center.
 
15      �846-  Collection of hate crime data.  The attorney
 
16 general shall adopt rules pursuant to chapter 91 relative to the
 
17 collection of hate crime data, which shall include but not be
 
18 limited to the following:
 
19      (1)  Establishment of a central repository for the
 
20           collection and analysis of hate crime data and, upon
 
21           the establishment of the repository, the responsibility
 

 
� 00.....W.1.....W...2...W...

REPORT TITLE:
Hate crimes


DESCRIPTION:
Establishes a task force on hate crimes and requires reporting
and training requirements with respect to hate crimes.

                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.744        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT
 1           for collecting, analyzing, classifying, and reporting
 
 2           this data, and maintenance of this information in a
 
 3           central repository;
 
 4      (2)  Procedures necessary to ensure effective data-gathering
 
 5           and preservation and protection of confidential
 
 6           information, and the disclosure of information in
 
 7           accordance with this part;
 
 8      (3)  Procedures for the solicitation and acceptance of
 
 9           reports regarding hate crimes which are submitted to
 
10           the data center; and
 
11      (4)  Procedures for assessing the credibility and accuracy
 
12           of reports of hate crime data from law enforcement
 
13           agencies.
 
14      �846-  Hate crime data; annual reports.  The data center
 
15 shall summarize and analyze reports of hate crime data which are
 
16 received by the data center, and shall transmit copies of all
 
17 such reports regarding hate crime data to the governor, the
 
18 attorney general, the department of public safety, the judiciary,
 
19 and the legislature.  The annual reports shall be a public
 
20 record.
 

 
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REPORT TITLE:
Hate crimes


DESCRIPTION:
Establishes a task force on hate crimes and requires reporting
and training requirements with respect to hate crimes.

                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.744        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT
 1      �846-  Availability; confidentiality.  The data center
 
 2 shall cause any hate crime data collected to be made available
 
 3 for use by any law enforcement agency and shall also be made
 
 4 available to any county, any state agency, and the general
 
 5 public.  Dissemination of this information shall be subject to
 
 6 all confidentiality requirements otherwise imposed by law."
 
 7      SECTION 3.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                              INTRODUCED BY:______________________
 

 
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REPORT TITLE:
Hate crimes


DESCRIPTION:
Establishes a task force on hate crimes and requires reporting
and training requirements with respect to hate crimes.