HomeMy WebLinkAbout55-21 RESOLUTION OF FPYE rrf
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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
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f FAyETTFL City of Fayetteville, Arkansas 113West Mountain Street
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Fayetteville,AR 72701
(479)575-8323
"' `�` Text File
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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
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