March 5, 1999

The Honorable Manny M. Aragon and

Members of the Senate

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable President and Members of the Senate:

I have this day VETOED and am returning SENATE BILL 63, as amended, enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation seeks to define "hate crimes" and prescribes additional penalties for those offenses. It increases the jail time for those criminals whose crimes were based on the actual or perceived race, religion, color, national origin, ancestry, gender or sexual orientation.

It is significant that hate crimes are perceived to be so prevalent that special criminal laws are written to combat them. It is also significant that we as a society have expressed our outrage at such crimes through this legislation. However, I believe it is a fundamental error to attempt, in statute, to qualify "hate" as this legislation attempts to do so.

The purpose of the judicial system is not only to determine guilt or innocence, but also to assess the severity of the crime, determine the extent of malice and brutality involved and impose punishment accordingly. This legislation implies that our judges, juries and prosecutors are somehow inadequate when presented with the type of crime contemplated in this legislation.

Although I am in complete agreement with the spirit of this legislation, I believe it would be irreparably flawed in practice and implementation. I must regretfully veto it.

Sincerely,

Gary E. Johnson

Governor