Wyoming House panel hears testimony on bias-crime bill

By The Associated Press

02.04.03

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CHEYENNE, Wyo. — Proponents of a bill that would double the possible penalty for misdemeanor bias crimes told the House Judiciary Committee yesterday that such legislation is overdue in Wyoming.

Opponents said House Bill 185 would violate Wyomingites' equal-protection and free-speech rights.

"If you start making a list or draw from a list of what is hateful or bias, where would you end?" asked state Rep. Bob Bechtel, R-Casper.

"At what point do we start dunking witches again in this country?"

Although Wyoming was host to one of the nation's most infamous bias crimes, the murder of Matthew Shepard outside Laramie in 1998, bias-crime legislation like HB185 has never gotten anywhere here.

At least one bias-crime bill has been introduced in the Legislature each year since the Shepard murder. Each year the bills have been defeated before they can get to the governor.

HB185 would apply to far less severe offenses than murder. It would provide up to double the prison time and/or fine for any misdemeanor committed wholly or in part due to the perpetrator's "belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry" of the victim.

The bill would not confer or expand rights or protections "to any group or class identified under this section beyond those rights or protections that exist" under existing laws.

One hang-up for bias-crime legislation in the minds of Wyoming lawmakers is how it hinges on the intent of the perpetrator. Another is the belief it would create special rights for certain groups.

A sponsor of HB185, state Rep. Chris Boswell, D-Green River, told the committee the legislation is not unprecedented because other laws address both the intent of offenders and the status of victims. For example, an attack on a woman can be elevated from simple assault and battery to aggravated assault and battery if the victim is pregnant and the attacker knows it.

"This committee provided for enhanced penalties a few days ago when it passed House Bill 113, cruelty to animals," Boswell added.

Erwin Weston, of Cheyenne, told the committee he thinks the notion of special treatment for certain groups is not an issue whatsoever.

"From my perspective, hate is not something that's going to be targeted at a specific group. To me, hate is something that can spread to any group. It's like a virus," he said.

He said studies had not been done to show how common bias crimes may be in Wyoming.

"What's to say it's not happening in Wyoming or right here in Cheyenne?" he asked.

Another supporter of the bill, state Rep. Fred Parady, R-Rock Springs, mentioned how the white supremacist group World Church of the Creator moved its headquarters to Riverton late last year. Parady believes society has a duty to oppose the crimes listed in the bill.

"The simple truth is there is the added element of a crime that is intended to intimidate or oppress," he said.

But former legislator Marvin Emrick, of Casper, said the real intent of the bill is to get a reference to sexual orientation established in state statutes.

"When you blow everything else away I think that's what's at issue here," he said.

Committee members planned to listen to more testimony on the bill before discussing it again.

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