Tougher sentences sought in transgender hate crimes

CARSON CITY -- Violent attacks against transgender people would warrant stronger criminal sentences under a bill facing the Legislature.

Senate Bill 180 by Sen. David Parks, D-Las Vegas, would change state law to add "gender identity or expression" to the list of aggravating factors that can result in longer prison sentences for people convicted of murder and other crimes such as kidnapping, sexual assault, robbery, battery and false imprisonment.

The bill elicited emotional testimony before the Senate Judiciary Committee on Monday, both in support and opposition.

Many of the tears came from Elvira Diaz, 49, of Reno who testified about her child, Jessie Arroyo, 6, who was born female but identifies as a boy.

Diaz, a practicing Catholic, said coping with Jessie's female-to-male gender identity is a daily challenge and she wants Parks' law to pass to increase protection for people who are more likely to be subjected to bullying and violence.

After testifying, Diaz said transgender people can experience violence from "bullying at school, it can be on the street."

As a parent of a transgender child, "you find out someone is vulnerable."

Gov. Brian Sandoval, who co-sponsored hate crime legislation when he was in the Assembly in 1995, said SB180 is a bill he probably would support.

"I'm hopeful they are a deterrent. There is no room for any kind of a hate crime in this state," Sandoval said.

Parks' bill would add one to 20 years of imprisonment for people who commit violent cries against transgender people, an enhancement that is already in place for crimes based on race, color, religion, disability and sexual orientation.

The sentencing enhancer would also be added to the list of aggravating factors prosecutors consult when deciding to seek the death penalty in murder cases.

Parks said 14 other states and the District of Columbia have included gender identity in hate crime statutes.

He said the sentence enhancements are important because hate crimes are an attack on more than the individual victim.

"Hate crimes are message crimes," Parks said. "The offender is sending a message to members of a particular group that they are disliked and unwelcome."

Several people testified in opposition to the bill, some because they oppose the death penalty in all cases and others because they said criminal penalties should not vary by victim.

"You have to hate somebody pretty bad to beat them to death. The penalties should be applied evenly," said Orrin Johnson, a Washoe County public defender. "All these crimes are crimes against a human being."

The hearing ended without a vote.