(Source: MIRS.news, Published 4/26/2023) Michigan’s ethnic discrimination laws would be strengthened and hate crimes would come with stricter penalties, under legislation spearheaded by Rep. Noah Arbit (D-West Bloomfield).
As a Jewish and gay man, Arbit said he was motivated to run for office, and introduce the package to address continued violence in his communities. He cited Michigan State Police statistics that reported hate crime and bias incidents in Michigan have risen nearly every year between 2015 and 2020.
“No matter how much we wish it were otherwise, we cannot write a bill that gets rid of anti-semitism, anti-Black racism, anti-Asian racism, homophobia, transphobia or Islamophobia,” he said. “What we can and will do is provide improved tools to respond, pursue justice and accountability and create opportunities to reduce violence.”
Attorney General Dana Nessel said that it's estimated that only 3% to 10% of hate crimes are reported to law enforcement.
While many hate crimes go unreported, bill sponsor Rep. Ranjeev Puri (D-Canton) said there was a large spike in hate crimes during the onset of the COVID-19 pandemic “because of the deep localization of the virus and the hateful rhetoric that was used by certain elected leaders.”
He said the rise in hate crimes in his district affected Chinese Americans and Asian Americans, and he received numerous calls from parents who were unable to send their children back to school because of fear of threats and violence.
Rep. Kristian C. Grant (D-Grand Rapids), another sponsor of the package, said there has also been a rise in hate crimes against African American communities specifically.
In 2021, African Americans were the target of 43% of all reported hate crime incidents in Michigan, she said, which “hits home” and inspired her to introduce the legislation.
The package, dubbed the Michigan Hate Crime Act, is a starting point that will hopefully lead to additional anti-bias education, Arbit said.
His HB 4474 and Grant’s HB 4475 expand upon Michigan’s 1988 Ethnic Intimidation Statute, which he said hasn’t been updated since its introduction, despite attempts to strengthen it.
Under his proposed update, the language defining “ethnic intimidation” would be changed to “hate crime” to include sexual orientation, gender identity and expression, physical or mental disability and age, in addition to ethnicity.
The definition of hate crime under the bill would include intimidation or harassment, causing bodily injury or severe mental anguish, the use of force or violence or the destruction of property against an individual because of one of the included characteristics.
The legislation would also update sentencing guidelines by adding an aggravated five-year felony charge with a $10,000 fine.
However, it also seeks to develop a restorative justice approach by providing alternatives to incarceration in some instances, Arbit said.
The second part of the package, his HB 4476 and Puri's HB 4477, prohibit the destruction or vandalism of community institutions and property, including houses of worship, community centers, business and nonprofit headquarters and cemeteries, as well as digital or online property, making those offenses a hate crime.
If the damage caused is over $20,000 or a defendant has two or more prior convictions, the penalty is a 10-year, $15,000 felony charge.
Less than $20,000 in damages would be a five-year, $10,000 felony, and less than $1,000 in damages would warrant a misdemeanor charge for up to one year and $2,000, according to the bill language.
Arbit said the bill is intended to provide Michiganders with more tools to prosecute in cases of bias-based vandalism and hate crimes targeting faith-based institutions.
One example was the Rochester Hills mosque that was vandalized in 2021, he said, along with the Grand Rapids Jewish cemetery that was defaced on the eve of the 2020 election.
Puri also said that his family’s former place of worship fell victim to a white supremacist shooter in 2012, who opened fire and killed six people.
“His motives were based in hatred and bigotry and Islamophobia,” he said, “but incidents like these are unfortunately far too common.”
Arbit said 35 other states already have a similar statute on the books.
“Hate crimes are always committed to send a message,” he said. “Now is our chance to send an even stronger message in return.”
When asked if he anticipates bipartisan support for the package, Arbit said conversations are ongoing.
The package was read in and referred to the House Criminal Justice Committee on Wednesday afternoon, where it awaits further consideration.
