Hate crimes and incidents are underreported. A new bill explores a different way to collect data around bias

[MUSIC PLAYING] MELISSA TOWNSEND: And this is Minnesota Now. I'm Melissa Townsend in for Cathy Wurzer. It's 12:06. The number of documented hate crimes has been climbing across the country in recent years. But according to data from the Minnesota Bureau of Criminal Apprehension, the number of these crimes decreased in Minnesota last year. Supporters of a new bill in the state legislature say that's because these crimes are underreported, and they want to create a system to change that.

Brooklyn Center representative Samantha Vang wrote a bill, and she joins me now to talk about it. Welcome, Representative. Thanks for being here.

SAMANTHA VANG: Thank you for having me.

MELISSA TOWNSEND: You got it. So as I said in the intro, data suggests the number of hate crimes is decreasing in Minnesota. Why do you think this legislation is needed now?

SAMANTHA VANG: Well, the hate crimes obviously are grossly underreported right now. The infrastructure in Minnesota is that a police officer-- an individual who experienced a hate crime can only report to a police officer. And oftentimes, communities of color don't really trust the police. They're not often the first one that they report to. Oftentimes, they report to community organizations or community leaders who they actually trust.

And so what the highlight of this bill that we discussed earlier today allows for community organizations to compile and look at the reporting and collect reporting of the hate and bias incidents that goes on within their own communities and to work with the Department of Human Rights to compile that data.

MELISSA TOWNSEND: So distrust of the police is one reason why you feel like these crimes are underreported. Are there other reasons why these crimes are so hard to track?

SAMANTHA VANG: I think a lot of the times crimes are very specific. So what this bill does, it doesn't talk about crimes. It talks about incidence. So a lot of the conduct, for example, if someone was distributing anti-Semitic and white supremacist flyers, that's not criminal. But it is clearly motivated by bias. So what this bill does is it addresses the hate and bias incidents that occur that are not necessarily criminal as well, but it is also very problematic, so that we can understand what is happening on the ground.

As we've seen during the pandemic and with the coronavirus and the rhetoric used against Asian-Americans, our safe spaces like grocery stores, the parks, the public transit-- those are areas where we've heard anecdotal evidence of community members being harassed and abused, being name-called, and those are very problematic and can lead to very serious issues.

MELISSA TOWNSEND: So it seems like a really interesting or important, I should say, distinction between a hate crime and a hate incident. Yeah.

SAMANTHA VANG: That's correct.

MELISSA TOWNSEND: So how exactly would the Department of Human Rights collect the data? How does that-- how will it work?

SAMANTHA VANG: So the first thing is to allow community organizations to be able to report these hate and bias incidents happening within their own communities and to work with the Department of Human Rights to compile that data. And I've been working with the Department, the Commissioner Lucero, to see how that process will work, and they will be the ones to implement and work on how to implement that data collection process.

MELISSA TOWNSEND: What data do you want to see collected, specifically?

SAMANTHA VANG: Yeah, so what this bill will talk about regarding data practices is that it will provide a summary data, and summary data means it's statistical records and reports derived from data on individuals, but in which individuals are not identified, and from which neither the identities nor any of other characteristic could uniquely identify individuals.

So it'll be disaggregated data on the types of offenses and nature of the victims but not on data that will identify who those individuals are.

MELISSA TOWNSEND: So what story would you want to tell? So you collect this data in a different way. What story do you feel like that'll tell that's not being told currently?

SAMANTHA VANG: I think as we've seen the rise in hate and bias incidents that has been exacerbated from the pandemic-- you know, this has been occurring even before the pandemic and has only gotten worse. And I think we as a state cannot let that slide by, as we've seen in numerous headlines across the country of just specifically Asian-American women being targeted, unprovokedly attacked, and killed for no apparent reason other than the color of their own skin.

And so if we don't address and prevent hate from the beginning, we need to be able to prevent loss of life and preserve the dignity of human beings.

MELISSA TOWNSEND: How will collecting more data help prevent some of these crimes or incidents from happening?

SAMANTHA VANG: I think just from being a policymaker, it's important that we rely on data. If there's no data to a problem, there's no problem, right? So we've got to be able to-- data helps us be able to collect information about what's happening and make informed decisions about the policies we to make sure that we improve the lives of everyday Minnesotans.

MELISSA TOWNSEND: I understand the ACLU of Minnesota has raised concerns. They say the bill may go too far. Statements or associations that aren't related to a crime could be used to charge a perpetrator under the hate crimes law. What's your response to that criticism or concern, really?

SAMANTHA VANG: I think it's more of a misunderstanding. So this bill doesn't increase any penalties. I think the-- I can clarify the misunderstanding. The only thing that are added are victims to hate crimes and to also include gender. And if a person is associated with a person of a protected group, such as if you are assaulted for having a transgender spouse, for example, that can be considered a hate crime. So it just addresses the loopholes in making sure that all victims within the protected class are protected.

MELISSA TOWNSEND: And it does add gender expression to the protected class.

SAMANTHA VANG: That's correct.

MELISSA TOWNSEND: Got it. The bill also provides funding for support for victims. What kind of support do you want to see provided?

SAMANTHA VANG: I think I will leave it up to the community organizations to decide what is the best way to heal their communities. I think the most important thing what the state can do is provide funding to support community organizations leading on this work to address the hate and bias incidents occurring within their own communities. And so I am also open to hearing more solutions from community organizations, and I'm happy to continue to work on improving this bill.

MELISSA TOWNSEND: I just have about a minute left. How would you train the community organizations to collect the data?

SAMANTHA VANG: I think that will be in consultation with the Department of Human Rights. They are-- I'm sure the Department of Human Rights will work through how the process of data collection looks like and make sure that the data are aligned and accurate. And that will be something for the Commissioner Lucero work on.

MELISSA TOWNSEND: Understood. Last question. I similar proposals have been introduced in previous legislatures. We're halfway through the session now. How confident are you that this could become actual law?

SAMANTHA VANG: Well, this bill is not a new bill. It has passed the House floor last year in previous sessions. And now with a trifecta, there is-- we also have a very good chance of it passing the Senate, as well as Senator Mohamed is leading-- is the chief author of this bill. And I-- she's taking the leadership on that end. And hopefully that also passes the Senate floor.

MELISSA TOWNSEND: Got it. Well, thank you, Representative. I appreciate your time.

SAMANTHA VANG: Thank you so much.

MELISSA TOWNSEND: We've been talking with DFL Representative Samantha Vang of Brooklyn Center about her bill. It would collect more data on hate crimes and hate incidents and expand the state's existing hate crimes law.