The House voted Tuesday to send the first hate crime legislation to reach the House in five years back to committee, effectively killing the bill.
The bill originally passed on Thursday, Feb. 27, but state representatives voted Friday 37-36 to retract endorsement.
Rep. Ron Bigelow, R-Salt Lake, asked the House on Friday to recall the bill, saying it needed more work before going to the Senate.
"There is a great tendency that when we get to the point where we would like to be, we want to stop," he said. "But additional discussion is not bad. I believe this is the right thing to do at this time."
After a brief debate, the House delayed further discussion until Monday, suspending a rule that requires the last three days of the session to be used only for budget issues.
Some representatives who supported the bill expressed frustration.
"It looks like we brought it back to gut the bill," said Rep. Steven Mascaro, R-West Jordan. "Let's just get on with it."
The bill, sponsored by Rep. David Litvak, D-Salt Lake, stiffens penalties for hate crimes by increasing a crime's classification one step if the crime is motivated by prejudice.
For example, a class B misdemeanor would become a class A misdemeanor if ruled a hate crime, or a second degree felony would become a first degree felony.
According to the bill, hate crimes occur when a defendant targets a victim because of a prejudice held by the defendant against a certain group.
Statistically, Litvack said, as many as 120 hate crimes are reported in a given year.
He said law enforcement representatives and prosecutors have complained that the current statutes are too vague and new legislation is needed.
The Catholic Diocese, as well as gay and lesbian groups and Hispanic rights activists, support the bill, Litvack said.
Much of the opposition to the bill comes from the definition of a group and the argument that the bill gives unequal protection to certain groups.
House Bill 85 defines groups as being distinguished by race, religion, gender, sexual orientation, disability or age.
HB 85 had initially passed the House around 9 p.m. Thursday in a 38-35 vote.
"I drove home that night with a real peaceful feeling," said Rep. LaVar Christensen, R-Draper. "I felt like it was a great night for humanity."
The feeling did not last long; rumors that the bill would be recalled were circulating before the House convened Friday morning.
When Bigelow made the motion on Friday to bring the bill back, he asked for a call to the House. All representatives were present for the vote except for Rep. Bradley Winn, R-Pleasant Grove, and Rep. Katherine Bryson, R-Orem.
After recalling the bill, the House delayed debate until Monday upon the request by an unnamed group that Winn be present for the debate.


