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Participating and
Contributing Member of
United Vision For Idaho
Participating and
Contributing Member of
The Idaho Women's Network
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Participating and
Contributing Member
of INTERPRIDE
Your Family,
Friends & Neighbors
P.O.Box 768
Boise Idaho 83702
(208) 344-4295
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TEXT OF HOUSE BILL 36
HB36 would have added the words
in italic to existing Idaho Code
AN ACT
RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 18-7901, IDAHO CODE,
TO INCLUDE SEXUAL ORIENTATION IN THE HUMAN RIGHTS COMMISSION PURPOSE; AND
AMENDING SECTION 18-7902, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL
FOR ANY PERSON, MALICIOUSLY AND WITH THE SPECIFIC INTENT, TO INTIMIDATE OR
HARASS ANOTHER PERSON BECAUSE OF THE PERSON'S SEXUAL ORIENTATION
Be it enacted by the Legislature of the State of Idaho:
SECTION 1: That Section 18-7901, Idaho Code, be, and same is hereby amended to read as follows:
18-7901. PURPOSE: The legislature finds and declares that it is the right of every
person regardless of race. color, ancestry,
sexual orientation,
religion or national origin, to be secure and protected from fear and individuals.
It is not the intent of this act to interfere with the exercise of rights protected by the
constitution of the United States. The legislature recognizes the constitutional right of
every citizen to harbor and express beliefs on any subject whatsoever and to associate with
others who share similar beliefs. The legislature further finds that the advocacy of
unlawful acts by groups or individuals against other persons or groups for the purpose of
inciting and provoking damage to property and bodily injury or death to persons is not
constitutionally protected, poses a threat to public order and safety, and should be subject
to criminal sanctions.
SECTION 2: That Section 18-7902, Idaho Code, be, and the same is hereby amended to read as follows:
18-7902. MALICIOUS HARASSMENT DEFINED - PROHIBITED. It shall be unlawful for any person,
maliciously and with the specific intent to intimidate or harass another person because of
that person's race, color, religion, ancestry, sexual orientation
or national origin to:
- (a) Cause physical injury to another person; or
- (b) Damage, destroy, or deface any real or personal property of another person; or
- (c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to
believe that any of the acts described in subsections (a) and (b) of this section will occur.
For purposes of this section, "deface" shall include, but not be limited to, cross-
burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic
terrorism on the property of another person without his or her permission.
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