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Bill could broaden state's definition of hate crimes

July 29, 2008

A bill introduced last week in the Michigan House of Representatives seeks to expand the state’s definition of hate crimes to include intimidation of gays, lesbians and those with disabilities, as well as the use of symbols for the purpose of harassment.

The bill, sponsored by Rep. Paul Condino, D-Southfield, would allow law enforcement officers to charge an individual with a hate crime for burning a cross, hanging a noose or displaying any other symbol with “evil intent.”

It also would update the language from “ethnic intimidation” to “bias-motivated crime” to encompass a broader range of offenses against more groups, including homosexuals and those with disabilities, Condino said.

“The word should go out loud and clear that with this legislation in Michigan, if you have the intent to harass someone based on race, ethnicity or sexual preference … harassment against one individual is a crime against humanity,” Condino said.

The bill is under consideration in the House Judiciary Committee. Condino said he hopes to have it passed in the House in September and immediately handed over to the Senate for consideration. Michigan ranks third nationally in the incidence of reported hate crimes, according to statistics from the U.S. Department of Justice and FBI. There were 739 reported incidents in 2006. Only New Jersey and California had more incidents, with 802 and 1,604, respectively. The Michigan figure represents about one in 13,600 people, while the New Jersey figure represents one in about 10,900 and the California figure represents one in about 22,700.

“This is an ongoing problem,” said Trevor Coleman, director of communications for the Michigan Department of Civil Rights.

Condino said the bill was requested by law enforcement officers and civil rights advocates statewide who wanted more clearly defined boundaries for what types of offenses are considered hate crimes.

“This grew out of the event at Central Michigan University where four nooses were left, but (law enforcement) didn’t know how to charge it,” Condino said.

During the CMU incident in November, nooses were hung in a classroom and found by a CMU student. Another student later admitted to hanging the nooses, claiming the act was intended as a joke.

In addition to the CMU incident, several recent cases of bias-motivated harassment statewide have raised concern about the need for more clearly defined laws, including an April incident of homophobic graffiti painted in Lansing’s Old Town, Coleman said.

East Lansing police Chief Tom Wibert said MSU has never had a problem with hate crime, but he hopes the bill is passed.

“I would be in favor of anything that helps to further define what exactly is a hate crime,” Wibert said. “(Right now), it boils down to the opinion of the officer and the input from the victim.”

Gautam Santoki, a mechanical engineering sophomore, said he hopes the bill succeeds. Santoki said while he has never been a target of the current definition of a hate crime, he has been harassed because of his ethnicity.

“They saw us in our car and started shouting ‘do you have bombs in the car?’” Santoki said. “They might do it for fun or whatever their intentions are, but it’s not right.”

According to the Michigan State Police, there were two incidents of hate crimes at MSU in 2006, the most recent year for which records are available. There were no reported hate crimes in East Lansing during the same period.

If passed, the legislation will put Michigan on track with 31 other states with similar laws defining hate crimes, Condino said.

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