Saturday, June 7th marks the tenth anniversary of the horrifically brutal hate crime murder of James Byrd, Jr. on Huff Creek Road near Jasper, Texas.

Huff Creek Road site of the murder of James Byrd, Jr.   Photo by Lynn Johnson.

Out of the tragedy of James Byrd, Jr.'s murder in 1998 came the James Byrd, Jr. Hate Crimes Act, passed by the Texas Legislature in 2001.  The Act was passed with bipartisan and multi-cultural support to provide enhanced penalties for crimes of "bias and prejudice",  public education to reduce hate crimes, and training and support for prosecutors.  The Act marked the first piece of statewide legislation in Texas inclusive of "sexual preference".  

However, crimes of prejudice still occur.

On a city street.... in an abandoned field.... outside a nightclub... or near a school.

Even worse, the James Byrd, Jr. Hate Crimes Act is not being enforced.

From 2001 through 2006, there have been 1,862 crimes of "bias and prejudice" reported in the Texas' Department of Public Safety Uniform Crime Report.

In total, only nine (9) prosecutions have occurred under the Act, resulting in eight (8) convictions.

The Act requires training and support for prosecutors.  Yet, the website of Attorney General Greg Abbott does not even list Hate Crimes Prosecution Assistance under "Resources for Law Enforcement" or "Criminal Justice Division".  If you are a law enforcement officer looking for help in prosecuting a hate crime, you might think the attorney general had nothing to do with it.

It is time.

It is time we know why the prosecution rate for hate crimes is less than 0.5%

It is time we know why the office of the attorney general does not more visibly promote training and support for prosecutors.

It is time for Texas Attorney General Greg Abbott to conduct a study to examine the success of the James Byrd Jr. Hate Crimes Act and identify barriers to the effective use of, and prosecution under, the Act. 

Dear [ Decision Maker ] ,

As Texas Attorney General, you are responsible for certain aspects of the implementation and enforcement of the James Byrd, Jr. Hate Crimes Act of 2001.

From 2001 through 2006, there have been 1,862 hate crimes reported under the Act, but only nine (9) prosecutions.

This equates to a prosecution rate of 0.48%; which is an absolute travesty.

It is unclear whether this great disparity is the result of incorrect classification of crimes, prosecutorial preferences, barriers to prosecution, lack of training or awareness of the law, or other factors.

Saturday, June 7th marks the tenth anniversary of the horrific hate crime murder of James Byrd, Jr.

It is time for your office to examine the effectiveness of the James Byrd, Jr. Hate Crimes Act of 2001, and determine how to make the Act more effective.

A study should be conducted in such a way that it identifies successful strategies for prosecuting crimes of bias or prejudice, and identifies any barriers or obstacles to use of the James Byrd, Jr. Hate Crimes Act.

I am asking you, as Texas Attorney General, to initiate such a study.

I look forward to hearing your position on this matter.

Sincerely,

Campaign Launched:
June 05, 2008