SALT LAKE CITY - The Utah House of Representatives was divided Thursday Feb. 27 over House Bill 85, which enhances criminal penalties for hate-crime offenders. The measure passed with a 38-35 vote.

The House chamber fell silent as the votes were tallied, with the deciding votes coming after several moments of a 35-35 tie.

House Bill 85 is the most recent of several attempts to pass hate-crime legislation, which allows for harsher sentencing of perpetrators of crimes motivated by prejudice or racism.

The debate lasted two and a half hours, as representatives from both sides offered substitution bills and emotional testimony in what Rep. Morgan Philpot, R-Sandy, called "one of the most meaningful debates we've had this whole session."

"There is no area that we represent that has not been touched by a hate crime," said Rep. David Litvack, D-Salt Lake City, sponsor of the bill. "Hate crimes are about power. They are meant and designed to send a message or call to action."

Representatives Litvack and James Ferrin (R-Orem) led the support for the bill, joined by representatives from both parties.

"There's an awful lot of nonsense that's been floating around as a result of House Bill 85," Ferrin said, referring, in part, to local flier campaigns that opposed the bill.

"When you vote for this bill tonight, you're going to get some retribution from some people in your district. But if I believe this principle is true, then I've got to put my name on this bill."

The bill came close to being replaced twice by substitutions that affected the designations of what can be classified as a hate crime.

Representative LaVar Christensen, R-Draper, submitted a substitute that was initially accepted in place of Litvack's bill, but was reconsidered and thrown out. The substitution broadened the definition of a hate crime by removing references to specific minority groups.

The victory for Litvack's bill surprised representatives, many of whom thought the vote would go the other way because of the number of representatives who spoke against it.

None were more surprised than Ferrin and Litvack.

"I am speechless. I didn't believe it was going to pass," Ferrin said. "I thought with an offering of an alternative that it would unravel our votes. It's the right issue; it's the right policy; it's the right time."

"I knew it would be touch-and-go but was I surprised? Absolutely," Litvack said.

Litvack pointed out that though the Senate has passed hate-crime legislation in the past, this is the first time such legislation has made it through the House.

"We have work to do," he said. "We can get this done this year. This sets a precedent; we've never gotten this through the house before."

Representatives that supported HB 85 included local representatives Calvin Bird, R-Springville; Stephen Clark, R-Provo; David Cox, R-Lehi; James Ferrin, R-Orem.

Local representatives that voted against the bill were Jeff Alexander, R-Provo; Katherine Bryson, R-Orem; Margaret Dayton, R-Orem; John Dougall, R-Highland; Becky Lockhart, R-Provo.