CPA Leaders  i n  a c t i o n

Kansas Legislator Spurs Invaluable Action to Address Hate Crimes and Racial Profiling

State Representative David B. Haley (Flemming Fellow 2000)of Kansas believes that until violence or intimidation against any individual or group based on perceived "differences" are prevented by meaningful state penalties, the growth of separatism and hostile acts of prejudice will continue to grow unabated. Haley was the sole sponsor of a hate crimes bill that passed the House this year. HB 2309 requires that the district court and local prosecutors recommend automatic incarceration of up to double the sentence of any felony commissioned to intimidate, harass or injure based on the perceived bias against the victim. Like many states, current Kansas law doesn’t allow judges to enforce5stricter penalty for crimes committed solely based on the race, ethnicity, national origin, sexual orientation, or religion of the victim (commonly referred to as "hate crimes"). Haley has not only put more pressure on criminals, but on the criminal justice system as well. Thanks to Haley, Kansas became the latest state to pass a bill to study data on possible racial profiling – the practice of singling out individuals for scrutiny based on their race or ethnicity. African American motorists have long complained that they are stopped by officers simply because they are black. Until recently, there has been little information proving or disproving these allegations. The Kansas bill will gather information about race, ethnicity, gender, age and address of people who come into contact with law officers. The study will evaluate whether racial profiling occurs. "We know from anecdotal accounts from all across the country that due process and equal protection are denied to many citizens because of their race. In a free society, this should simply be intolerable. In Kansas, we now have the ability to document this problem and adequately respond to it," states Haley. Representative Haley has increased awareness in Kansas and other states by spurring the debate on racial issues and building support for appropriate and meaningful legislation.