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31 New Eng. L. Rev. 103 (1996-1997)
The Massachusetts Hate Crime Reporting Act of 1990: Great Expectations Yet Unfulfilled

handle is hein.journals/newlr31 and id is 113 raw text is: The Massachusetts Hate Crime
Reporting Act of 1990: Great
Expectations Yet Unfulfilled?
Sally J. Greenberg*
I. INTRODUCTION
Crimes motivated by bias or bigotry are not a new phenomena.'
Only in the last fifteen years, however, have those acts now known as
hate crimes been recognized by states as worthy of documentation.
Maryland was the first state to enact legislation that calls for documen-
tation of these hate-motivated crimes.' Many states followed the lead'
* Civil Rights Counsel for the Eastern States of the Anti-Defamation League
from 1985-96. I wish to thank Kevin Banasik, at Harvard Law School and Alison
Fee, at Boston University Law School, for their substantial contributions to this
Article. Thanks to Michael Lieberman for his years of work on this issue and his
editorial assistance on this Article; thanks also to Dan Bibel and Sherry Leibowitz
for being comrades on the issue of improved hate-crime reporting, and finally, to
Don Gorton, whose able leadership of the Hate Crime Task Force has made a real
impact on the effectiveness of the Massachusetts Hate Crime Reporting Act.
1. See infra Part II.B.
2. Definitions of hate crime vary, but generally they refer to criminal activity
that is directed against individuals or groups based upon actual or perceived identifi-
cation with race, color, religion, national origin or sexual orientation.
3. See MD. ANN. CODE OF 1957 art. 88B, §§ 9-10 (1995 & Supp. 1996).
Though Maryland adopted its data collection statute for hate crimes in 1981, effective
collection of data did not begin until several years later. Comprehensive statistics are
available for 1990-1994.
4. Eighteen states currently have a data collection law for hate crimes. They are
as follows: Arizona (ARtz. REV. STAT. ANN. § 41-1750 (West 1995 & Supp. 1996));
California (CAL. PENAL CODE § 13023 (West 1992 & Supp. 1996)); Connecticut
(CONN. GEN. STAT. ANN. § 29-7m (West 1990 & Supp. 1996)); District of Columbia
(D.C. CODE ANN. §§ 22-4001 to 4002 (1996)); Florida (FLA. STAT. ANN. § 877.19
(West 1994 & Supp. 1996)); Idaho (IDAHO CODE § 67-2905 (1995 & Supp. 1996));
Illinois (20 ILL. COMP. STAT. ANN. 2605/55a (West 1993 & Supp. 1996)); Iowa
(IOWA CODE ANN. § 692.15 (West 1993 & Supp. 1996)); Maryland (MD. ANN.
CODE OF 1957 art. 88B, §§ 9-10 (1995 & Supp. 1996)); Massachusetts (MASS. GEN.

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