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H0036........................................................by MR. SPEAKER
Requested by Human Rights Commission
HARASSMENT - SEXUAL ORIENTATION - Amends existing law to provide that it
shall be unlawful for any person, maliciously and with the specific intent,
to intimidate or harass another person because of the person's sexual
orientation.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to St Aff
H0036|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 36 BY MR. SPEAKER Requested by: Human Rights Commission 1 AN ACT 2 RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 18-7901, IDAHO CODE, 3 TO INCLUDE SEXUAL ORIENTATION IN THE HUMAN RIGHTS COMMISSION PURPOSE; AND 4 AMENDING SECTION 18-7902, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL 5 FOR ANY PERSON, MALICIOUSLY AND WITH THE SPECIFIC INTENT, TO INTIMIDATE OR 6 HARASS ANOTHER PERSON BECAUSE OF THE PERSON'S SEXUAL ORIENTATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-7901, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-7901. PURPOSE. The legislature finds and declares that it is the right 11 of every person regardless of race, color, ancestry, sexual orientation, 12 religion or national origin, to be secure and protected from fear, 13 intimidation, harassment, and physical harm caused by the activities of groups 14 and individuals. It is not the intent of this act to interfere with the exer- 15 cise of rights protected by the constitution of the United States. The legis- 16 lature recognizes the constitutional right of every citizen to harbor and 17 express beliefs on any subject whatsoever and to associate with others who 18 share similar beliefs. The legislature further finds that the advocacy of 19 unlawful acts by groups or individuals against other persons or groups for the 20 purpose of inciting and provoking damage to property and bodily injury or 21 death to persons is not constitutionally protected, poses a threat to public 22 order and safety, and should be subject to criminal sanctions. 23 SECTION 2. That Section 18-7902, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 18-7902. MALICIOUS HARASSMENT DEFINED -- PROHIBITED. It shall be unlawful 26 for any person, maliciously and with the specific intent to intimidate or 27 harass another person because of that person's race, color, religion, ances- 28 try, sexual orientation, or national origin, to: 29 (a) Cause physical injury to another person; or 30 (b) Damage, destroy, or deface any real or personal property of another 31 person; or 32 (c) Threaten, by word or act, to do the acts prohibited if there is rea- 33 sonable cause to believe that any of the acts described in subsections (a) and 34 (b) of this section will occur. 35 For purposes of this section, "deface" shall include, but not be limited 36 to, cross-burnings or the placing of any word or symbol commonly associated 37 with racial, religious or ethnic terrorism on the property of another person 38 without his or her permission.
STATEMENT OF PURPOSE
RS08446
This bill amends Idaho's Malicious Harassment Act to add protection
for Idaho citizens from violence and threats because of sexual
orientation.
FISCAL IMPACT
None.
CONTACT
Name: Dan Steckel
Agency: Idaho Human Rights Commission
Phone: 334-2873
Statement of Purpose/Fiscal Impact H 3