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Md. is first state to include homeless in hate crime law

By: Alan Suderman
Examiner Staff Writer
May 8, 2009

Maryland became the first state in the nation to make attacking the homeless a hate crime Monday, under a bill signed into law by Gov. Martin O’Malley.

The new law allows prosecutors to seek tougher penalties for those who specifically target the homeless. Maryland’s hate crime law already protects people targeted because of their race, color, national origin, religious beliefs or sexual orientation.

Homeless advocates said the bill was a recognition that homeless people are often subject to violent attacks simply for being homeless.
“There is an awful lot of bias for people who are homeless,” said Mary Ann Luby, an outreach worker at the Washington Legal Clinic for the Homeless.

The National Coalition for the Homeless estimates that four hate crimes were committed against homeless people in Maryland last year. 

The groups said documented attacks on homeless people in the state date to 1992, when a Korean War veteran was killed in Annapolis after being soaked in urine and kicked down a ravine. Other notable incidents include several 2001 attacks in Baltimore by a group of young men that led to three deaths, and the beating death of a homeless man in Frederick while sleeping in an alley on Valentine’s Day in 2008.

Nationwide, 774 violent attacks were committed against homeless people between 1999 and 2007, the group said.

The bill’s sponsor, Sen. Alex Mooney, R-Frederick, is one of the General Assembly’s most outspoken conservatives. Mooney said he’d “be OK” with Maryland not having any hate crime law but added that if the state is going to have hate crime protections, they should be extended to one of society’s must vulnerable groups.

“It’s only fair,” he said. “It’s just unacceptable behavior to target homeless people for assault.”

Homeless advocates said they hoped the new law, which goes into effect Oct. 1, would be a “first step” toward addressing homelessness. Providing more affordable housing and social services is also necessary to protect homeless people, said Sarah Mahin, a spokeswoman for the Montgomery County Coalition for the Homeless.

She said 1,200 people were “experiencing homelessness” on any given day in Montgomery County.

Legislation similar to the law in Maryland is being considered in several other jurisdictions, including the District.



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Todd Geiger, Upper Marlboro, MD

May 8, 2009

A crime is a crime. With the passage of this law, and other "hate" crime laws, the prosecutor's perception of the perpetrator’s thoughts while committing the alleged crime is subject to legal review. Prosecutors are human and make mistakes. Remember the Duke lacrosse team? Why not make all violations of law hate crimes, and be done with this political grandstanding

 


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