Authors vote against amended hate crimes bill OK’d by Senate

INDIANAPOLIS (WISH) — The Indiana Senate on Thursday afternoon passed an amended hate crimes bill, leaving it without a list of characteristics including race, age, religion, gender identity and sexual orientation.

The amended bill allows a judge to consider an enhanced sentence in a crime of bias. The legislation, which senators amended Tuesday, passed 39-10. Those voting against the amended bill included its authors, GOP Sen. Ron Alting and Democratic Sen. Greg Taylor. 

The measure will now go to the House of Representatives for consideration. House Speaker Brian Bosma has yet to assign the bill to a committee, his spokesman said Thursday.

Gov. Eric Holcomb had included the original legislation among his legislative priorities for the 2019 session and said Tuesday the amended bill “does not get Indiana off the list of states without a bias crime law.” Arkansas, Georgia, South Carolina and Wyoming are the other states without hate crime laws.

Some intense, emotional and passionate words came from lawmakers before the bill’s passage Thursday.

“When you remove that list, you remove me,” said Democrat State Sen. J.D. Ford, Indiana’s first openly gay legislator, who serves parts of Carmel and Indianapolis. 

Republican state Sen. Aaron Freeman of Indianapolis said he presented the amendment basically as a compromise so the bill could survive to be considered in the House. He said he will be willing to work with House members on a compromise. He said he understands the supporters of the original bill but hopes they can honestly understand his heart and soul, too. 

Democrat Jean Breaux of Indianapolis on Thursday chided fellow state senators.

“You chose not to move Indiana forward. You chose not enlightenment but you chose to remain in the dark and that truly saddens me.” 

“I know in my heart that Indiana, that Hoosiers will not accept darkness … that we do seek the light of progressive change. I know that change may not happen today and it may not happen in this chamber, but I know that one day light will prevail and darkness will be left behind,” Breaux said.

Republican State Sen. R. Michael Young of Indianapolis also said the amended bill is not enough.

“I understand your points you’re making, that how it should be different, but I think we should be inclusive of everyone, I don’t think the list gets there. I can’t speak for everybody on this side that they think list gets here. They have their own, but, for me, the list is not inclusive enough,” Young said. 

Statement

David Sklar, co-chair of Indiana Forward

It would be an understatement to say we are deeply dissatisfied in the passage of SB 12, a ‘bias crimes’ bill that has absolutely no teeth.

“As thousands of prominent Hoosier business, education, civic and interfaith leaders and concerned citizens – including the Governor – have made it clear this week, this legislation is not a real bias crime law. Only with a comprehensive list of motivating factors – characteristics which every person possesses – can Indiana’s bias crimes law give Indiana judges the precise and consistent policy direction they need to effectively deliver justice to the victims, their families and their communities.

“Beginning today, our focus now turns to the House, where we will double-down our mobilization efforts and join Gov. Holcomb in urging our representatives to pass a real law that will join Indiana with the 44 other states that have comprehensive, enumerated and legally effective bias crimes policies.”

Kevin Brinegar, Indiana Chamber of Commerce president and CEO

“The Indiana Chamber of Commerce is deeply disappointed with the actions taken by the Republican majority in removing the categories of victims protected by the bias crimes legislation (Senate Bill 12).

“Unfortunately, what passed the Senate today does not meet the all-important criteria of a meaningful bias crimes law. The Indiana Chamber and its members will continue to work with all legislators to do just that. We agree with Gov. Holcomb that the current legislation does not even remove Indiana from the list of five states without a bias crimes statute.

“With more than two full months left in this legislative session, there is still time for the House to properly address this issue and for the Senate to act again – this time to pass a comprehensive law. If the General Assembly fails to do so, it will only unnecessarily fuel this controversy.”