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Home My WebLink About55-21 RESOLUTION OF FPYE rrf a _ i�'1yi /v'fi 4 qh.A`NS P4 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Resolution: 55-21 File Number: 2021-0140 SUPPORT HATE CRIMES ENACTMENT: A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTENCE ENHANCEMENT FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMINAL HARM BECAUSE OF RACE,RELIGION,SEX,SEXUAL ORIENTATION,GENDER IDENTITY,DISABILITY,OR OTHER PERSONAL ATTRIBUTE WHEREAS,in Arkansas,as well as most every other state in these United States, sometimes a criminal selects a victim for harm or oppression because of that person's race,religion,ethnicity, national origin, sexual orientation,gender identity, age,disability,sex or other personal attribute; and WHEREAS, if the prosecutor can prove beyond a reasonable doubt that such hatred motivated the crime,enhanced punishment is appropriate;and WHEREAS,during the 2021 Regular Session of the 93rd General Assembly of Arkansas two bills- Senate Bill 3 introduced by Senator Jim Hendren,and House Bill 1020 introduced by Representative Frederick Love would create a methodology for the enhancement of a sentence of imprisonment,the amount of a fine,and the length of a period of probation, if a specified attribute is shown to have led to a person's victimization by the criminal;and WHEREAS,the attributes proposed include past or current service in the armed forces of the United States,race,color,religion,ethnicity,ancestry,national origin,homelessness,gender identity, sex, sexual orientation,or disability;and WHEREAS,a criminal harming and victimize someone because of their personal attribute sends a horrible statement that such a victim should not be treated the same as every other human being;and Page 1 Printed on 2/19/21 Resolution: 55-21 File Number: 2021-0140 WHEREAS,victimizing a person because their race, sex, religion or any other characteristic is totally and completely contrary to the individual protections and rights contained in the Constitution of the State of Arkansas and the Constitution of the United States,and to ideals of the Declaration of Independence,as well as our Pledge of Allegiance: "with liberty and justice for all;"and WHEREAS,the City Council of the City of Fayetteville, Arkansas,joins wholeheartedly with the Board of Directors of our Capitol City in support of these Hate Crimes bills so that Arkansas can join with almost every other state of these United State to provide added protection for those most often victimized by hateful criminals. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville,Arkansas hereby wholeheartedly joins with Little Rock to endorse and recommend approval of Arkansas Hate Crimes legislation as set forth in Senate Bill 3 and House Bill 1020 of the 2021 Regular Session of the 93rd Arkansas General Assembly. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby expresses their respect and appreciation to Senator Jim Hendren of Gravette, Arkansas,and Representative Frederick J. Love of Mablevale, Arkansas,as the initial sponsors,and Representatives Fred Allen, Denise Jones Ennett,Tippi McCullough,and Joy Springer,and Senators Linda Chesterfield and Joyce Elliot of Little Rock,Arkansas, Representative Jamie Scott of North Little Rock,Arkansas,Representative Monte Hodges of Blytheville,Arkansas,Representative Nicole Clowney and Representative David Whitaker of Fayetteville, Arkansas, Representative Jay Richardson of Fort Smith,Arkansas, Representative Jay Wardlaw of Hermitage,Arkansas, Senator David Wallace of Leachville,Arkansas, Representative David Fielding of Magnolia, Arkansas,Representative Reginald Murdock of Mariana,Arkansas, Representative Milton Nicks,Jr.,of Marion,Arkansas, Representatives Kenneth Ferguson and Vivian Flowers of Pine Bluff,Arkansas,and Representative Joe Jett of Success, Arkansas,for their filing or co-sponsorship of Senate Bill 3 and House Bill 1020. PASSED and APPROVED on 2/18/2021 Approv Attest: 011RKI��0_1 CV CITY •;"ri• jii ioneld Jord , yor Kara Paxton, City Clerk Treasured %• �E��<<E;�.- ti Page 2 Printed on f9 N COY,0%�� f FAyETTFL City of Fayetteville, Arkansas 113West Mountain Street 4411 :I, Fayetteville,AR 72701 (479)575-8323 "' `�` Text File \KANSPS File Number: 2021-0140 Agenda Date: 2/18/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution SUPPORT HATE CRIMES ENACTMENT: A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTENCE ENHANCEMENT FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMINAL HARM BECAUSE OF RACE,RELIGION,SEX,SEXUAL ORIENTATION,GENDER IDENTITY, DISABILITY,OR OTHER PERSONAL ATTRIBUTE WHEREAS,in Arkansas,as well as most every other state in these United States, sometimes a criminal selects a victim for harm or oppression because of that person's race,religion,ethnicity,national origin, sexual orientation,gender identity,age,disability,sex or other personal attribute;and WHEREAS, if the prosecutor can prove beyond a reasonable doubt that such hatred motivated the crime, enhanced punishment is appropriate;and WHEREAS,during the 2021 Regular Session of the 93rd General Assembly of Arkansas two bills-Senate Bill 3 introduced by Senator Jim Hendren,and House Bill 1020 introduced by Representative Frederick Love would create a methodology for the enhancement of a sentence of imprisonment,the amount of a fine,and the length of a period of probation,if a specified attribute is shown to have led to a person's victimization by the criminal;and WHEREAS,the attributes proposed include past or current service in the armed forces of the United States, race,color,religion,ethnicity,ancestry,national origin,homelessness,gender identity,sex,sexual orientation,or disability;and WHEREAS,a criminal harming and victimize someone because of their personal attribute sends a horrible statement that such a victim should not be treated the same as every other human being;and WHEREAS,victimizing a person because their race,sex,religion or any other characteristic is totally and completely contrary to the individual protections and rights contained in the Constitution of the State of Arkansas and the Constitution of the United States,and to ideals of the Declaration of Independence,as well as our Pledge of Allegiance: "with liberty and justice for all;"and WHEREAS,the City Council of the City of Fayetteville, Arkansas,joins wholeheartedly with the Board of Directors of our Capitol City in support of these Hate Crimes bills so that Arkansas can join with almost every City of Fayetteville,Arkansas Page 1 Printed on 2/18/2021 File Number 2021-0140 other state of these United State to provide added protection for those most often victimized by hateful criminals. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville,Arkansas hereby wholeheartedly joins with Little Rock to endorse and recommend approval of Arkansas Hate Crimes legislation as set forth in Senate Bill 3 and House Bill 1020 of the 2021 Regular Session of the 93rd Arkansas General Assembly. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby expresses their respect and appreciation to Senator Jim Hendren of Gravette,Arkansas,and Representative Frederick J. Love of Mablevale, Arkansas,as the initial sponsors,and Representatives Fred Allen, Denise Jones Ennett,Tippi McCullough,and Joy Springer,and Senators Linda Chesterfield and Joyce Elliot of Little Rock, Arkansas, Representative Jamie Scott of North Little Rock,Arkansas, Representative Monte Hodges of Blytheville, Arkansas, Representative Nicole Clowney and Representative David Whitaker of Fayetteville,Arkansas, Representative Jay Richardson of Fort Smith,Arkansas, Representative Jay Wardlaw of Hermitage,Arkansas, Senator David Wallace of Leachville,Arkansas, Representative David Fielding of Magnolia, Arkansas, Representative Reginald Murdock of Mariana,Arkansas, Representative Milton Nicks,Jr.,of Marion, Arkansas, Representatives Kenneth Ferguson and Vivian Flowers of Pine Bluff,Arkansas,and Representative Joe Jett of Success,Arkansas,for their filing or co-sponsorship of Senate Bill 3 and House Bill 1020. City of Fayetteville,Arkansas Page 2 Printed on 2/18/2021 Legistar ID No.: 2020- AGENDA REQUEST FORM FOR: Council Meeting of February 18, 2021 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTEN CE ENHANCEMENT FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMNAL HARM BECAUSE OF RACE, RELIGION,SEX,SEXUAL ORIENTATION, GENDER IDENTITY,DISABILITY,OR OTHER PERSONAL ATTRIBUTE APPROVED FOR AGENDA: S( Council Member Teresa Turk Date City Attorney Kit illiams Date Approved as to form 1 RESOLUTION NO. 2 3 A RESOLUTION TO SUPPORT THE ENACTMENT OF 4 SENTENCE ENHANCEMENT FOR HATE CRIMES AS SET 5 OUT IN S.B. 3 AND H.B. 1020 WHERE THE PROSECUTION 6 PROVES THAT A VICTIM WAS PURPOSELY SELECTED 7 FOR HARM BECAUSE OF A PERSONAL ATTRIBU TE; 8 AND, FOR OTHER PURPOSES. 9 10 WHEREAS, it unfortunately has become evident that in Arkansas, as well as other parts of 11 America,a person's attributes are the reason they are selected to be the victim of a criminal offense; 12 and, 13 WHEREAS, when such a motive has been established by the prosecution beyond a reasonable 14 doubt such enhanced punishment is appropriate; and, 15 WHEREAS, during the 2021 Regular Session of the 93rd General Assembly of Arkansas two 16 bills — S.B. 3 introduced by Senator Jim Hendren, and H.B. 1020 introduced by Representative 17 Frederick Love — create a methodology for the enhancement of a sentence of imprisonment, the 18 amount of a fine,the length of a period of probation, if at least one specified attribute is shown to 19 have led to a person's victimization; and, 20 WHEREAS, the attributes proposed include past or current service in the armed forces of the 21 United States, race, color, religion,ethnicity,ancestry,national origin,homelessness, gender iden- 22 tity,sex,sexual orientation,or disability,and to use these attributes as a basis to victimize someone 23 is a horrible statement that such a person is not truly a human being; and, 24 WHEREAS, the ability to dehumanize a person because of such a characteristic is a first and 25 reprehensible step towards demagoguery and totalitarianism, and are totally and completely in- 26 consistent with the individual protections and rights contained in the Constitution of the State of 27 Arkansas, and in the Constitution of the United States; and, 28 WHEREAS, it is important for the City of Little Rock, Arkansas, to state its support for such 29 legislation in unmistakable terms; 30 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 31 CITY OF LITTLE ROCK, ARKANSAS: IPage I of 21 1 Section 1. The Mayor and Board of Directors of the City of Little Rock, Arkansas,wholeheartedly and without 2 reservation endorse approval of Arkansas hate crimes legislation as set forth in S.B.3 and H.B. 1020 of the 2021 3 Regular Session of the 93'Arkansas General Assembly. 4 Section 2. Further,the Mayor and Board of Directors of the City of Little Rock,Arkansas,express their appre- 5 ciation to Senator Jim Hendren of Gravette,Arkansas,and Representative Frederick J. Love of Mablevale,Arkansas, 6 as the initial sponsors, and Representatives Fred Allen, Denise Jones Ennett, Tippi McCullough, and Joy Springer, 7 and Senators Linda Chesterfield and Joyce Elliot of Little Rock, Arkansas, Representative Jamie Scott of North Little 8 Rock,Arkansas,Representative Monte Hodges of Blytheville,Arkansas, Representative Nicole Clowney and Senator 9 David Whitaker of Fayetteville, Arkansas. Representative Jay Richardson of Fort Smith, Arkansas, Representative 10 Jay Wardlaw of Hermitage,Arkansas,Senator David Wallace of Leachville,Arkansas,Representative David Fielding 11 of Magnolia,Arkansas,Representative Reginald Murdock of Mariana,Arkansas, Representative Milton Nicks,Jr.,of 12 Marion,Arkansas,Representatives Kenneth Ferguson and Vivian Flowers of Pine Bluff,Arkansas,and Representative 13 Joe Jett of Success, Arkansas, for their filing or co-sponsorship of S.B.3 and H.B.1020. 14 Section 3.Severabllity. In the event any title,section, paragraph, item,sentence,clause, phrase,or word of this 15 resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect 16 the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or 17 adjudged invalid or unconstitutional were not originally a part of the resolution. 18 Section 4. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with the provi- 19 sions of this resolution,are hereby repealed to the extent of such inconsistency. 20 ADOPTED: February 16,2021 21 ATTEST: APPROVED: 22 23 24 Susan Langley,City Clerk Frank Scott,Jr., Mayor 25 APPROVED AS TO LEGAL FORM: 26 27 28 Thomas M.Carpenter,City Attorney 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 // 38 // 'Page 2of21