Raise penalties for hate crimes
In an acknowledgement of the steady creep in reported hate crimes across both the country and commonwealth, state Rep. Tram Nguyen has joined Attorney General Maura Healey and state Sen. Adam Hinds to address the issue.
The Andover Democrat has introduced a new legislation that would refine the state’s hate crime statutes to make it easier to prosecute offenders.
“The crux of this is that we want to give more tools to law enforcement and prosecutors to hold perpetrators accountable and provide better protections for victims,” Nguyen said.
Nguyen said Healey — aware of Nguyen’s efforts to combat the rise in anti-Asian discrimination since the onset of the coronavirus pandemic — approached her with the idea for the bill in January.
Nguyen has also enlisted the support of Middlesex District Attorney Marian Ryan, who also runs the Anti-Hate Anti-Bias Task Force of which Nguyen is a member.
According to Nguyen, the language in her bill — HD.1653 — would combine and rework Sections 37 and 39 of the General Laws to clarify what constitutes a hate crime, give clearer guidance on how to enforce the statute and clearly express that such despicable behavior is not protected by the First Amendment.
And as a deterrent, the legislation would also match the degree of penalties with the gravity of the offense.
For instance, someone who harasses individuals because of their race might at most receive a two-and-a-half-year prison sentence, whereas someone who also commits battery while doing so could be sentenced to twice that amount of time, according to Nguyen.
“Right now these crimes have essentially the same or similar penalties,” she said. “Now we’re doing escalating penalties based on the severity.”
Nguyen added that the bill was not introduced because of any specific hate-fueled incident, but rather because of emerging reports over the issue’s growing prevalence.
The representative referenced a recent NBC News report that analyzed police department statistics from across the country and determined that anti-Asian hate crimes increased by nearly 150% in 2020.
Nguyen has witnessed an expression of racial intolerance – whether intentional or inadvertent – right in her House district.
Last October, in the waning days of the fiercely partisan presidential election, an Andover resident hung a noose on his lawn, which he said depicted the Democrats’ treatment of President Donald Trump.
The avid Trump supporter insisted the noose, placed next to a skeleton in the spirit of Halloween, wasn’t racially motivated, but rather a political statement.
But when photos of his handiwork began circulating on social media, they drew the attention of residents, town officials, politicians, activists and police.
“Whatever his motivation is, the interpretation is concerning to us,” Nguyen said at the time. “The residents shouldn’t have to guess what his motivation is.”
In this situation and with other more egregious acts of intolerance, ignorance is no excuse – or defense. And with Nguyen’s legislation, that could mean a hefty prison sentence if found guilty.“If people understand that these crimes will not be tolerated, they will be less likely to commit them,” Nguyen said. In the absence of a greater understanding and acceptance of racial and ethnic diversity, vigorous prosecution of hate crimes remains our last, best defense.
State Rep. Nguyen’s bill serves that latter purpose.