Utah State Senator, Daniel Thatcher is pushing a bill that would impose more severe penalties for those who, “intentionally and deliberately select their victims.”
Thatcher’s bill, SB86 looks to enhance penalties for those who target their victims based on an individual’s, “ancestry, disability, ethnicity, gender identity, national origin, race, religion, or sexual orientation.” This bill is aimed towards protecting minority communities, but Thatcher hesitates to call it a “hate crime law.”
“I hate the term hate crime,” Thatcher said in a phone interview, explaining that it is not a crime to hate someone, but acting on that hate is. According to Thatcher, current victim targeting laws are “unacceptable.” There have been three bills passed since 1992 in the state of Utah, and none enumerate the others. “Right now, no one is protected,” Thatcher said. Never in the state of Utah has one person successfully been prosecuted on the basis of victim targeting.
State Senator Thatcher strongly believes his bill would change that statistic.
He stresses that this bill is not a ploy to go after those who have unpopular thoughts or feelings, and is completely constitutional. He disputes claims that such a bill would infringe upon First Amendment Rights. “It does not infringe upon free speech, and doesn’t punish free association.” Instead, SB86 is aimed at stopping people “who are trying to terrorize these communities.”
Thatcher’s bill carries an extremely high burden of proof that is placed on the victim. Thatcher explains that previous association with what could be considered unpopular groups, under his bill, can’t be used as evidence.
He uses the recent racist fliers found around the University of Utah campus as an example. Explaining that while they are more than awful, if the person who posted them were to later attack an individual that happened to be black, the posters couldn’t be used as evidence, meaning that culprits would almost have to incriminate themselves. When asked if he thought people would actually incriminate themselves, Thatcher responded with a resounding yes. “People will incriminate themselves, or no one is afraid,” Thatcher said.
SB86 faces an uphill battle, but State Senator Thatcher is not afraid of the challenge that lies ahead, saying that if struck down, Thatcher will be back until he finds success.
He does however, have many allies on his side. Equality Utah, Utah Attorney General Sean Reyes, and almost all religious groups in Utah have backed Thatcher and his bill. “Every religion in Utah is on board, but one, which has repeatedly answered with no comment,” Thatcher said. That one being the LDS Church.
When asked why he is so passionate about this bill, he replied, “I hate bullies, and ran for State Senator to stick up for people.”