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MARCH 1, 2010 EDITION |
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State Senator Russell Introduces a Bill restricting Oklahoma cooperation with Federal prosecution of Hate Crimes
By Victor Gorin OKLAHOMA CITY, OK __ As he had promised to do earlier, State Senator Steven Russell (Republican District 45) has introduced legislation ( SB 2165) that among its provisions would greatly limit Oklahoma state, county and local law enforcement from providing evidence or assistance to Federal authorities prosecuting hate crimes. It proposes that “law enforcement agencies shall deny access to law enforcement records to any Federal agency when such request is made relating to a case handled and completed by a law enforcement agency of this state, and the purpose is to attempt to investigate or prosecute the individual or individuals pursuant to 18- U.C.S. Section 245 (the Federal Hate crimes law with protections added in 2009 for sexual orientation, gender, gender identity and disability- Matthew Shepard-James Byrd act). Exceptions are basic information that is available for public inspection and records of those convicted pursuant to Section 850 Title 21 of Oklahoma Statutes, which are Oklahoma’s Hate Crimes laws which do not cover sexual orientation or gender identity. What this entails is that if an Oklahoman was victimized by a hate crime, and Federalauthorities deemed the case to be under their jurisdiction, local authorities could not provide data beyond the most basic information available to the public, witness statements, physical/forensic or other any other type of evidence or assistance. This would prohibit providing as evidence to Federal authorities a bloody baseball bat or gun used in that type of crime to assist in their prosecution of that hate crime. Since crimes committed due to a victim’s sexual orientation/gender identity are not Hate Crimes under Oklahoma state law, and this restriction would make Federal prosecution of this type of crime in Oklahoma very difficult if not impossible, this would greatly impede Hate Crimes protection for the GLBT community in Oklahoma. Senator Russell has stated, “Oklahoma has tough good laws that include hate crimes laws. Any murder or brutal assault is hateful. That is the problem with singling out something more with this Federal law.” However Al McAffrey, Oklahoma’s only openly gay legislator, (Democrat-District 88) has a different opinion, considering this legislation a publicity stunt stating, “ Preventing crimes against Oklahomans because of who they are is in no way an attack on free speech. This is nothing but empty rhetoric used to scare and mislead folks.”-END-
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