Arkansas is one of the only states without some type of hate crime law on the books, and Gov. Asa Hutchinson has said more than once it’s a top priority for him during the current legislative session. SB622, filed Thursday will attempt to solve that problem.
The bill, filed by Sen. Jimmy Hickey Jr., R-Texarkana, Sen. Alan Clark, R-Lonsdale, Rep. Matthew Shepherd, R-El Dorado, and Rep. Carol Dalby, R-Texarkana, had not been assigned to a committee as of Thursday morning. Talk Business & Politics has confirmed that the bill is an alternative to the previously filed hate crimes legislation which has stalled during the session. It’s described as a “class protection bill.”
The bill will create an “aggravating circumstance” provision that will require a criminal defendant to serve at least 80% of his or her sentence if certain motivations led to the crime.
Those criteria include if the defendant purposefully selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, per the bill.
SB622 would require any defendant convicted of this aggravating circumstance to serve 80% of their sentence before they are eligible for parole.
“Purposely selected the victim” does not mean that a defendant’s mere abstract belief or expression was hostile or contrary to the victim’s being a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political, or religious beliefs or characteristics, per the bill.
“Serious felony involving violence” includes murder in the first and second degree. Battery in the first degree, aggravated assault; terroristic threatening, if it’s a felony offense; terroristic act; arson; unlawful discharge of a firearm from a vehicle and other felony offenses are among those listed in the bill.
The bill lays out the legal machinations in court to find for or against the aggravating circumstance.
The Arkansas State Chamber of Commerce and Associated Industries of Arkansas endorsed SB 622.
“We work hard to make sure Arkansas is known as one of the best places to do business, live, and visit,” said Randy Zook, President and CEO of the Arkansas State Chamber of Commerce and Associated Industries of Arkansas. “Employers looking to create jobs, and employees looking to locate value equity and inclusion. They want to ensure they’re choosing a state that is welcoming and safe for their families. We are that state, and we must make it known.”
