Imagine waking up one morning to see your vehicle lit on fire with a religious or racist slur plastered across its side. While flames are wild and spreading fast, you realize, you’ve become a victim of a hate crime, a prejudiced and often violent crime.
If you’re located within one of the 45 states (or the District of Columbia) with a hate crime law, which imposes tougher penalties on criminals who target their victims based on the victim’s race, religion, ethnicity, sexual orientation, gender, gender identity or disability, a layer of protection is activated.
However, if you’re located in the State of Indiana, one of five states that does not have a hate crime law, a penalty enhancement can not take place for the criminal. A coalition of several legislators, community leaders and organizations are looking to change that in the 2016 session of the Indiana General Assembly, but this isn’t the first time a hate crime law has been proposed.
“The bills introduced in the past would have simply created a stand alone crime, in other words an entirely distinct new crime,” said Terry Curry, Marion County prosecutor and member of the coalition. “Our thought is two fold, number one, the underlying acts are criminal conduct and secondly we thought that was cumbersome to create a new crime in and of itself. Our thought was to approach the sanctions or penalties that are opposed for the crime.”
The coalition is also comprised of The Indianapolis Urban League, including its young professionals group, The Exchange; The Jewish Community Relations Council, Muslim Alliance of Indiana and the Concerned Clergy. Rep. Greg Porter, D-Ind., and Sen. Greg Taylor, D-Indianapolis, have been advocating for hate crime legislation for years.
“This is very important,” stated Earline Rogers, D-Gary, who authored a bill on the issue. “I’ve been aware for years of the efforts of Bill Crawford and Greg Porter. We were able to put together some language that allowed us to get a hearing on it.”
Two companion bills have been made: Senate Bill No. 202, spearheaded by Susan Glick, a Republican, and second authored by Rogers allows for a sentencing enhancement for offenders who commit a crime against an individual “due to certain characteristics” of the victim. House Bill 1268 has been introduced by Reps. Randy Truitt, R-Ind., Cindy Kirchhofer, R-Ind., Porter and Shelia Klinker, D-Lafayette. If passed, both will become effective July 1, 2016.
According to the Anti-Defamation League, “Whenever a bias-motivated crime is committed, the victim’s entire community is left feeling victimized, vulnerable, fearful, isolated, and unprotected by the law. Such crimes can also lead to reprisals and a dangerous spiral of escalating inter-group tension and violence. Thus, the impact of the crime is far greater than the already terrible impact on the individual.”
Curry said it is his impression there has never been any meaningful consideration of bills introduced in the past.
“I have no doubt whatsoever the thought process continues to be wrapped up in the debate of LGBT issues. Without regard to weighing in on those issues, I don’t know how anyone could say, ‘we’re not going to penalize individuals who commit a crime by the fact that the victim is gay, African-American or Catholic or whatever.’ The law is really nothing more than the recognition of what we feel is appropriate behavior. As I’ve thought about this more, what does it say that there are 45 states in the federal government that have weighed in on this issue and given it consideration,” he added.
Rogers said while there isn’t one person or organization to blame for why a law hasn’t been passed in the Hoosier state, she does believe conservatism has played a role.
The changing demographics of the state and major cities like Indianapolis is another reason the coalition believes now is the time to get legislation passed.
“For each of us as individuals and the organizations we represent, this is important. We are one of five states without laws and policies around this, not only as a city, as a state, we are facing some image challenges now,” said Tony Mason, president of the Indianapolis Urban League. “If you go back to RFRA (Religious Freedom Restoration Act), at the Urban League we are from the historical perspective a civil rights agency, but one of our tenants really centers around racial justice. We host the Race & Cultural Relations Leadership Network meetings and the Race & Diversity Institute and so it’s a big deal for us to serve the entire community and not just African-Americans like everyone assumes.”
The coalition hopes an education piece occurs as a result of their efforts as well. The Exchange is encouraging individuals to sign a petition calling for legislators to pass the bill this session.
“More education is needed, particularly to help in instances when you hear people in opposition. They attempt to diminish the need but if more people understood the nuances around it, it would be as they say a ‘no brainer,’” mentioned Mason. “There are no guarantees we will succeed this go round but we have enough people, organizations and agencies that feel it’s the right thing to do and the right time to speak up.”
Rogers said the bill will be heard next week and continues to be at the top of the agenda for the Indiana Black Legislative Caucus.
