prosecuting thought and violating the right to free speech. But we drafted our hatecrime law not to punish speech, bur to punish activity already defined as criminal. As written, our bill created enhanced penalties only for crimes committed as defined under current Arkansas statutes, such as battery, arson, vandalism, etc. Therefore, it wowd nOt apply to teasing or name-calling. It would not en.hance penalties for bigOted ideas, bur for the defendant's actions based upon these ideas. The proposed legislation contained a clear statement that we would not punish "mere abstract beliefs or expressions". The fact that the perpetrator was indeed prejudiced against his victim would not have been sufficient to designate an offense as a "hate crime". The prosecutor would have to show "beyond a reasonable doubt" that the victim was purposely selected due to his race, color, gender, religion, national origin, ethnicity, sexual orientation, or disability. There was a provision that ensured this would nOt be used in rape cases and certain other genderbased crimes. In addition to these safeguards, the final decisions were left in rhe hands of local people. In other words, the elected prosecutor would have ro file for the enhancement, the elected judge would have to allow the evidence to be presented in the senrencing phase, and rhe jury could eirher accept or rejecr the enhancement. Hate-crime legislation cannOt undo the damage caused by bigorry. However, it can be a significant step in the right direction in addressing this serious problem. Ir may begin ro reassure victims of such crimes that rhe communiries in which they live condemn, rarher rhan condone, biasmotivated criminal acts. JUSt as I had many questions to resolve when I first began to carefully look at the issue of bias-motivated crime, I realize thar there may still be some lingering doubts or uncertainries remaining in the mind of the reader. But, in keeping with our public policy of enhancing penalrics for other despicable acts, we also need to find a strong, clear public-policy statement demonstrating mat Arkansas has no room within irs borders for hatred. So I ask one last question: If Arkansas becomes one of only a handful of stares, indeed maybe rhe only stare, nor to take a position against bias 1110tivared crime, whar message are we sending to our citizens and to rhe rest of the narion? •
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