Text of MA H 1704 (2024)

1 of 1 HOUSE DOCKET, NO. 1294 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1704 The Commonwealth of Massachusetts _________________ PRESENTED BY: Tram T. Nguyen and Bud L. Williams _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to reform the hate crime statutes. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Tram T. Nguyen 18th Essex 1/14/2023 Bud L. Williams 11th Hampden 1/18/2023 James K. Hawkins 2nd Bristol 1/27/2023 Vanna Howard 17th Middlesex 1/31/2023 1 of 6 HOUSE DOCKET, NO. 1294 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1704 By Representatives Nguyen of Andover and Williams of Springfield, a petition (accompanied by bill, House, No. 1704) of Tram T. Nguyen, Bud L. Williams and others for legislation to reform the hate crime statutes. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to reform the hate crime statutes. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reform existing statutes pertaining to hate crimes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 222 of chapter 6 of the General Laws, as amended by chapter 30 of 2 the Acts of 2021, is hereby amended by inserting, in line XX, after the words “section 39 of 3 chapter 265” the words:- (vi) identify and recommend best practices for hate crime prevention, 4 restorative justice programs, culturally competent outreach and reporting mechanisms, and data 5 collection for both adults and juveniles, including those that can be implemented by police, 6 prosecutors, judges, school officials, state agencies, community groups and others; 7 SECTION 2. Said section 222 of said chapter 6 is hereby further amended by striking, in 8 line XX, the number “(vi)” and replacing it with:- (vii) 9 SECTION 3. Chapter 22C of the General Laws as appearing in the 2020 Official Edition 10 is hereby amended by striking section 33 and replacing it with the following section:- 2 of 6 11 (a) The crime reporting unit shall quarterly obtain hate crime data from state, local, and 12 campus police, and other law enforcement agencies as well as hate crime information and reports 13 voluntarily produced by non law-enforcement entities such as community groups, advocacy 14 groups, and civil rights agencies. All police departments and law enforcement agencies shall 15 submit reports of hate crimes to the unit. 16 (b) The colonel shall promulgate regulations to standardize and centralize the submission 17 and collection of hate crime data. Said regulations shall include, but not be limited to, the 18 following: (1) establishment of a central repository for the collection and analysis of hate crime 19 data and, upon the establishment of such repository, the crime reporting unit shall be responsible 20 for collecting, analyzing, classifying and reporting such data, and shall maintain this information 21 in the central repository; (2) procedures necessary to ensure effective data-gathering and 22 preservation and protection of confidential information, and the disclosure of information in 23 accordance with section thirty-five; (3) procedures for the solicitation, submission and 24 acceptance of hate crime incident reports and the information to be included in such reports by 25 law enforcement agencies, which shall include, but not be limited to, the demographic 26 information of the alleged offender(s), the perceived protected characteristic(s) for which the 27 victim(s) was targeted, and the actual protected characteristic(s) of the victim(s), if provided by 28 the victim(s); (4) procedures for assessing the credibility and accuracy of reports of hate crime 29 data from law enforcement agencies; and (5) procedures for the collection of hate crime 30 information and reports voluntarily produced by non law-enforcement entities such as 31 community groups, advocacy groups, and civil rights agencies. 32 SECTION 4. Section 34 of said chapter 22C, as so appearing, is hereby amended by 33 inserting after the word “shall” in line XX, the following words:- quarterly and annually. 3 of 6 34 SECTION 5. Chapter 265 of the General Laws is hereby amended by striking section 37. 35 SECTION 6. Said chapter 265, as so appearing, is hereby further amended, by striking 36 section 39 and replacing it with the following section:- 37 Section 39. (a) For the purposes of this section, the following words shall have the 38 following meanings: -- 39 “Because of”, conduct would not have happened but for the actual or perceived protected 40 characteristic(s), as defined in this section, of any person or group, regardless of the presence or 41 absence of other motivating factors. The actual or perceived protected characteristic(s) need not 42 be a substantial, predominant, or the sole reason for the conduct. 43 “Bodily injury”, substantial impairment of the physical condition, including, but not 44 limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or 45 injury which occurs as the result of harm to any bodily function or organ, including human skin. 46 “Free exercise or enjoyment of any right or privilege secured by the constitution or laws 47 of the Commonwealth or by the constitution or laws of the United States”, any recognized right 48 protected by the Constitution or laws of Massachusetts or the United States, including those 49 protected by statute, the common law, and regulations. A person need not be completely 50 prevented from exercising a right for that right to have been infringed upon. 51 “Harasses”, willfully and maliciously engages in a knowing pattern of conduct or a series 52 of acts over a period of time, directed at a specific person, which seriously alarms that person 53 and would cause a reasonable person to suffer substantial emotional distress, and that conduct is 54 not otherwise protected by law. Harassment includes, but is not limited to, conduct or acts 4 of 6 55 conducted by mail or by use of a telephonic or telecommunication device or electronic 56 communication device including, but not limited to, any device that transfers signs, signals, 57 writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a 58 wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited 59 to, electronic mail, internet communications, instant messages or facsimile communications. 60 “Protected characteristic”, the race, color, religion, national origin, ethnicity, immigration 61 status, sex, sexual orientation, gender, gender identity, gender expression, or disability, of any 62 person or group. 63 “Threatens”, threatening to commit a crime against the person or property of another, 64 presently or in the future, whether the threat is delivered to the purported target of the threatened 65 injury or to a third party. 66 (b) No person, whether or not acting under color of law, shall by force or threat of force, 67 willfully injure, intimidate, or interfere with, or attempt to injure, intimidate or interfere with, or 68 oppress or threaten any other person in the free exercise or enjoyment of any right or privilege 69 secured to them by the constitution or laws of the commonwealth or by the constitution or laws 70 of the United States. Any person convicted of violating this provision shall be fined not more 71 than one thousand dollars or imprisoned not more than one year or both; and if bodily injury 72 results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for 73 not more than ten years, or both. 74 (c) Whoever willfully threatens, harasses or assaults any other person because of the 75 actual or perceived protected characteristic of any person or group, shall be punished by a fine of 5 of 6 76 not more than five thousand dollars or by imprisonment in a house of correction for not more 77 than two and one-half years, or by both such fine and imprisonment. 78 (d) Whoever violates subsection (c) during the commission of a battery shall be punished 79 by a fine of not more than five thousand dollars or by imprisonment in the state prison for not 80 more than five years or in the house of correction for not more than two and one-half years, or by 81 both such fine and imprisonment; and if bodily injury results, shall be punished by a fine of not 82 more than ten thousand dollars or by imprisonment in state prison for not more than five years, 83 or by both such fine and imprisonment. 84 (e) Whoever damages, converts, or takes and carries away real or personal property of 85 another with the intent to intimidate, threaten or harass a person because of that person’s 86 protected characteristic, shall be punished by a fine of not more than five thousand dollars or 87 imprisonment in a house of correction for not more than two and one-half years, or by both such 88 fine and imprisonment. The court may also order restitution to the victim in any amount up to 89 three times the value of property damage sustained by the owners of such property; provided, 90 however if restitution is ordered under the provisions of this section such restitution shall be used 91 to repair the damage done to the property. 92 (f) Whoever violates subsection (c) or subsection (d) or subsection (e) while using a 93 dangerous weapon shall be punished by imprisonment in the state prison for not more than ten 94 years or in the house of correction for not more than two and one-half years, or by both such fine 95 and imprisonment. 6 of 6 96 (g) Whoever is convicted of a second or subsequent offense of violating subsection (d) 97 while using a dangerous weapon and which results in bodily injury shall be punished by 98 imprisonment in the state prison for no more than 20 years. 99 (h) Whoever conspires with another person to violate any provision of this section shall 100 be punished by imprisonment or fine, or both; provided, however punishment shall not exceed 101 the maximum punishment prescribed for the offense, the commission of which was the object of 102 the conspiracy. (i) An act done with specific intent to commit an offense under this section that 103 amounts to more than mere preparation, even though failing to effect its commission, shall be an 104 attempt to commit that offense and shall be punished by imprisonment or fine, or both; provided 105 however, punishment shall not exceed the maximum punishment prescribed for the offense. 106 (j) Where appropriate, actions arising out of subsections (c) through (i) inclusive, shall be 107 eligible for community-based restorative justice program pursuant to chapter 276B, or for 108 participation in a community-based restorative justice program as a term of probation or as 109 otherwise ordered by the court. 110 SECTION 7. Section 3 of chapter 276B is hereby amended by adding at the end thereof 111 the following:- Notwithstanding the preceding, any person charged pursuant to section 39 of 112 chapter 265 shall be eligible to participate in a community-based restorative justice program. 113 SECTION 8. This act shall take effect upon passage.