07 LC
29 2831
Senate
Resolution 555
By:
Senators Cowsert of the 46th, Adelman of the 42nd, Hamrick of the 30th and Fort
of the 39th
A
RESOLUTION
Creating
the Senate Study Committee on Hate Crime Legislation; and for other
purposes.
WHEREAS,
hate-motivated crimes have a special emotional and psychological impact
extending beyond the individual victim; and
WHEREAS,
hate-motivated crimes intimidate not only the victim but other people in the
victim´s community, making people feel isolated, vulnerable, and
unprotected; and
WHEREAS,
hate-motivated crimes polarize communities and damage the very fabric of
society; and
WHEREAS,
although prejudice and hatred cannot be legislated out of existence, government
can do more to deter and redress violence motivated by bigotry, and providing
for a study to determine the impact a statute may have on this state, as well as
the need for programs educating law enforcement officials and the public about
the dangers of hate-motivated crimes and what can be done in response, are
important tools to counter this violence; and
WHEREAS, there
is a need for training of law enforcement to recognize and respond appropriately
to hate-motivated crimes; and
WHEREAS,
police officers should be trained to recognize potential bias-related incidents,
use standard criteria for determining bias and assessing perpetrators´
intent, interview victims and witnesses, collect and preserve evidence, refer
victims to appropriate community agencies, provide information to prosecutors
and the courts, and standardize documentation of all hate-motivated incidents;
and
WHEREAS,
in 2000 the General Assembly enacted a statute addressing hate-motivated crimes
which was declared unconstitutional in 2004, and because of the importance of
this subject and the need for careful drafting, establishing a study committee
would be a practical and effective way of determining appropriate language so
that any new legislation would likely withstand a constitutional
challenge.
NOW,
THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study
Committee on Hate Crime Legislation to be composed of five members of the Senate
to be appointed by the Lieutenant Governor. The Lieutenant Governor shall
designate a member of the committee as chairperson of the committee. The
chairperson shall call all meetings of the committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, and issues mentioned above or related thereto and recommend
any action or legislation which the committee deems necessary or appropriate.
The committee may conduct such meetings at such places and at such times as it
may deem necessary or convenient to enable it to exercise fully and effectively
its powers, perform its duties, and accomplish the objectives and purposes of
this resolution. The members of the committee shall receive the allowances
provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated.
The allowances authorized by this resolution shall not be received by any member
of the committee for more than five days unless additional days are authorized.
The funds necessary to carry out the provisions of this resolution shall come
from the funds appropriated to the Senate. In the event the committee makes a
report of its findings and recommendations, with suggestions for proposed
legislation, if any, such report shall be made on or before the convening of the
2008 session of the General Assembly, at which time the committee shall stand
abolished.