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Maryland is poised to be the first state in the nation
to enact hate crime legislation protecting homeless people
and their property, pending passage of legislation in
the Maryland House of Delegates and signing by Gov. Martin
O’Malley.
On March 6, Maryland’s senate overwhelmingly
passed a bill that expands protected classes of people
to include homeless people among groups based on race,
color, religious beliefs, sexual orientation, and nation
of origin.
Sen. Alex Mooney, a Republican, introduced the bill
after seeing footage of a homeless person in Florida
being beaten by teenagers with baseball bats.
“We did some research and saw that it was a
problem in more states,” says Mooney legislative
aide Michael Hough. “There were even a couple
cases in Maryland and Baltimore a few years ago.”
Reported incidents of attacks against homeless men
and women across the country have reached their highest
level in years, according to a recent report by the
National Coalition for the Homeless. The report details
142 violent crimes nationwide against homeless individuals
in the past year; that is the highest number of incidents
since NCH’s annual study began in 1999 and represents
a 65 percent increase from last year.
“It is NCH’s position that many of these
acts should be considered hate crimes,” says Michael
Stoops, the executive director of NCH. “Crimes
against homeless people are motivated by the same intolerance
as hate crimes against people of a certain religious,
racial, or ethnic background.”
Recent violence against homeless people in Maryland
included three fatal beatings in 2001 of homeless men
in Baltimore, according to NCH. A group of teenagers
was charged in the string of homicides. In 2002, two
Maryland police officers were indicted for beating and
unleashing a dog on a homeless man. In 2004, a homeless
man was fatally beaten after he made negative comments
about another man’s girlfriend. In 2006, a police
officer in Takoma Park was indicted for assaulting a
homeless man detained for questioning.
Adam Schneider with Health Care for the Homeless Inc.
in Baltimore says that he knows firsthand that there
are many unreported violent attacks on homeless people,
many of which could be motivated by hate.
“Life on the streets is inherently violent,”
Schneider says, “and individuals who live on the
streets are particularly vulnerable to attack.”
Schneider added that like NCH, Health Care for the
Homeless is in favor of this legislation and has been
advocating for it.
If the legislation is enacted, those found guilty
of a hate crime-based attack on a homeless person, like
those convicted of other violent hate crime offenses,
would be subject to imprisonment for up to 10 years
and/or a fine of up to $10,000. If a violation results
in the death of a victim, the violator is subject to
imprisonment for up to 20 years and/or a fine of up
to $20,000.
Other states currently considering similar hate crime
bills include Massachusetts, Florida, California, and
Nevada, says Michael Stoops.
According to the FBI’s most recent report on
hate-crime statistics in 2005, law enforcement agencies
reported that there were 8,804 victims of hate crimes
nationwide that year. An analysis of data for victims
of single-bias hate crime incidents showed that 55.7
percent of the victims were targeted because of a bias
against a race. The next largest group of those victimized
was for a bias against a religious belief, in 16 percent
of cases, followed first by a bias against an ethnicity
or nation of origin and then by a bias against a sexual
orientation. No data are readily available on homeless
individuals.
As with all anti-crime law, it is impossible to determine
whether hate crime legislation effectively deters attacks,
according to Jack Levin, Northeastern University professor
and co-author of Hate Crimes Revisited: America’s
War on Those Who Are Different (Westview Press,
2002).
“Hate crime laws send a message,” says
Levin, “namely, that Americans will not tolerate
hate and violence against the vulnerable.”
Laura Thompson Osuri contributed to
this article.
©Street News Service: www.street-
papers.org.
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