Hate Crimes Pathfinder to Selected Resources (GLBTRT of the American Library Association)
Issues: Hate Crimes (National Gay & Lesbian Task Force)
American Law Reports provide detailed discussions concerning legal issues with extensive summaries of relevant court cases.
Reference KF 132.A5...
Matthew Shepard Web Archive - "Websites captured in the Matthew Shepard Web Crawl reflect a broad and in-depth coverage of the Shepard murder, memorials, and efforts that address inequalities based on gender and sexual orientation. These include sites such as the Westboro Baptist Church that protested at University of Wyoming following Shepard’s death and condemns homosexuality. Also included are websites for films and books based on and related to the Shepard murder, and blogs by friends and family of Matthew Shepard.
Congressional Research Service Reports
Marriage and Family
The Florida Hate Crimes Reporting Act was passed in 1989, along with new provisions for reclassifying criminal acts evidencing prejudice against specific groups. In 1991 "sexual orientation" was added to both chapters of the statutes.
Florida Annotated Statutes 775.085 and 877.19 (LexisNexis Academic) provides annotations listing relevant cases and law review articles.
775.085 Evidencing prejudice while committing offense; reclassification.--
(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age of the victim:
1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
2. A misdemeanor of the first degree is reclassified to a felony of the third degree.
3. A felony of the third degree is reclassified to a felony of the second degree.
4. A felony of the second degree is reclassified to a felony of the first degree.
5. A felony of the first degree is reclassified to a life felony.
(b) As used in paragraph (a), the term:
1. "Mental or physical disability" means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the victim's ability to perform the normal activities of daily living.
2. "Advanced age" means that the victim is older than 65 years of age.
(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney's fees and costs.
(3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.
History.--s. 1, ch. 89-133; s. 1, ch. 91-83; s. 1, ch. 98-83; s. 1, ch. 99-172.
877.19 Hate Crimes Reporting Act.--
(1) SHORT TITLE.--This section may be cited as the "Hate Crimes Reporting Act."
(2) ACQUISITION AND PUBLICATION OF DATA.--The Governor, through the Florida Department of Law Enforcement, shall collect and disseminate data on incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation, or national origin. All law enforcement agencies shall report monthly to the Florida Department of Law Enforcement concerning such offenses in such form and in such manner as prescribed by rules adopted by the department. Such information shall be compiled by the department and disseminated upon request to any local law enforcement agency, unit of local government, or state agency.
(3) LIMITATION ON USE AND CONTENT OF DATA.--Such information is confidential and exempt from s. 119.07(1). Data required pursuant to this section shall be used only for research or statistical purposes and shall not include any information that may reveal the identity of an individual victim of a crime.
(4) ANNUAL SUMMARY.--The Attorney General shall publish an annual summary of the data required pursuant to this section.
History.--s. 1, ch. 89-132; s. 2, ch. 91-83; s. 1, ch. 94-125; s. 432, ch. 96-406.