Legislation aims for better bias-motivated crime reporting, response

The COVID-19 crisis has disrupted us all, but for some Asian Americans the crisis has also meant an increase in hate crimes against them, resulting from unfounded accusations — and threats — made against them related to the pandemic.

HF3837 is therefore especially urgent for Asian Americans, but also for all marginalized communities experiencing an increase in bias crimes, said Rep. Frank Hornstein (DFL-Mpls), who sponsors the legislation. His parents were Holocaust survivors, he said, and so the recent increase in anti-Semitic hate crimes is of particular concern for him.

The bill would modify several requirements in state law related to identifying, responding to, and reporting crimes motivated by bias against all protected classes under the Minnesota Human Rights Act.

Rep. Frank Hornstein

The House Judiciary Finance and Civil Law Division approved the bill Monday, as amended, and sent it to the House Ways and Means Committee on an 11-6 party-line vote with one abstention. Sen. Ron Latz (DFL-St. Louis Park) sponsors the companion, SF4332, which awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

“This is a fraught time,” Hornstein said at the remote hearing. “In times of economic dislocation and social upheaval, marginalized communities are at particular risk.”

To reduce the underreporting of bias crimes, the bill would direct the Department of Human Rights to “solicit, receive, and compile reports from community organizations, school districts and charter schools, and individuals” regarding bias-motivated crimes.

That alternate way of reporting hate crimes would help minority communities, which often have a lack of trust in police officers, said Mendota Heights Police Chief Kelly McCarthy.

“I know first-hand the reluctance that victims feel of reporting bias-motivated crimes to the police,” she said.

The bill would also require mandatory in-service training to assist law enforcement officers in identifying, responding to, and reporting hate crimes.

Several Republicans said they are in favor of the policy changes, but the state cannot afford costs associated with the bill.

“We don’t have any money,” said Rep. Marion O'Neill (R-Maple Lake).

A fiscal note estimates the department would need $723,000 in fiscal year 2021 to hire additional staff to enforce provisions in the bill, and $484,000 in fiscal years 2022 and 2023. Another $129,000 in fiscal year 2021 would be appropriated to the Board of Peace Officer Standards and Training to update the training course on crimes motivated by bias and to develop a model policy.