N O V E M B E R 2 0 2 0

HATE IN HOUSTON A Study of Hate Crimes and Hate Incidents in the City of Houston, Texas Anita Kalunta-Crumpton CONTENTS

Executive Summary 1 7 1. Introduction 9 2. Geographical Scope 2.1 Other Cities for Hate Crime Data Comparison p. 11

3. Sources of Data Collection 12

4. Federal Definition of Hate Crime for Data Collection 14 4.1 Overview of National Hate Crime Data: 2008-2018 p. 16 4.2 How Does the State of Texas Define Hate Crime? p. 19 5. Hate Crime in the City of Houston 22

5.1 Discrepancies in Houston Hate Crime Data p. 26

5.2 Hate Crime Data: Houston vs. Other Cities in Harris County p. 27

5.3 Hate Crime Data: Houston vs. Austin, Chambers, Fort Bend and Montgomery Counties p. 29 5.4 Hate Crimes and Hate Incidents (HCsHIs) in Houston: Data from Two Houston-based Community Organizations p. 31

5.4.1 Anti-Defamation League-Southwest Region p. 31 5.4.2 The Montrose Center p.35

6. Analysis of Best Practices for Hate Crime Data 39 Collection 6.1 Austin Police Department (APD) and Its Hate Crime Data p. 41 6.2 Seattle Police Department (SPD) and its HCHI Data p. 44 6.3 Metropolitan Police Department (MPD) and Its Hate Crime Data p. 48 7. Conclusions, Summary of Findings and 51 Recommendations 7.1 Summary of Findings p. 52 7.2 Recommendations p. 55 7.2.1 Victim/Public Reporting of HCHI Victimization p. 55 7.2.2 Improvement of Hate Crime Data Collection Strategy p. 58 Appendices 63 References 66

About the Researcher/Author 68

H A T E I N H O U S T O N ACKNOWLEDGEMENTS

I express gratitude to Houston Coalition Against Hate (HCAH) for giving me the opportunity to conduct this research study.

A few police departments and community-based organizations provided or helped me locate the information that I needed for the research study. For their assistance with information sharing, I am grateful to Austin Police Department, Houston Police Department, Seattle Police Department, Metropolitan Police Department (Washington, D.C.), Anti-Defamation League – Southwest Region, Houston Immigration Legal Services Collaborative, and Montrose Center (Houston).

I thank Long Chu, Jennifer Garmon, Paola Guzman, Zahra Jamal, Marjorie Joseph, Sharan Mehta, Patrick Moreno-Covington and Kate Vickery for providing feedback on the draft report of the research study.

Kate Vickery proofread much of the draft report. Thank you, Kate, for the proofreading and for your suggestions.

Finally, my thanks go to Liz Peterson for proofreading and copyediting the final report for publication.

H A T E I N H O U S T O N ABOUT THE COALITION

Houston Coalition Against Hate (HCAH) is a network of community-based organizations, institutions, and leaders committed to addressing all incidents of hate, bias, discrimination, and violence on the basis of a person or group’s religion, race/ethnicity, gender, gender identity/expression, abilities, age, sexual orientation, national origin, creed, immigration status, or genetic information.

We do this through education, research, relationship building, and prevention initiatives, as well as partnering with organizations to host events that celebrate the diversity that makes Houston strong.

Board of Directors Staff

Justine Fanarof, J.D., MPH Marjorie Joseph, Executive Director Michelle Tovar, Ed.D. Liz Peterson, Assistant Director Karen Walrond, J.D.

Research and Response Stewardship Committee Committee

KaNeesha Allen Paola Guzman, Co-Chair Long Chu Zahra Jamal, Ph.D., Co-Chair Tiffany Echevarria Jennifer Garmon Sean Fitzpatrick, Ph.D., LPC Sharan Mehta Paola Guzman Tiffany Ross Zahra Jamal, Ph.D. Kate Vickery Bob Meyer Cheryl Newcomb ONE KIND HUMANKIND

STRONG PEOPLE STAND UP FOR THEMSELVES, COURAGEOUS PEOPLE STAND UP FOR AND WITH OTHERS

H A T E I N H O U S T O N COALITION MEMBERS

Anti-Defamation League (ADL) Houston Grand Opera (HGOco) BakerRipley Houston In Action (HIA) Betterment Project Houston Immigration Legal Services Catholic Charities Collaborative (HILSC) Center for Advancing Innovative Interfaith Ministries of Greater Houston Policy (CAIP) (IMGH) Center for African American Military Irene Greaves (Lovescaping) History Mayor Turner's LGBTQ Advisory Board Center for the Healing of Racism Mi Familia Vota Chinese Community Center (CCC) Minaret Foundation Coalition Of Community MindShift LLC Organizations (COCO) MultiCultural Center Contemporary Arts Museum Houston My Brother's Keeper (MBK) - City of Houston (CAMH) OCA - Greater Houston Council for American Islamic Office of New Americans - City of Houston Relations (CAIR) Partnership for the Advancement & Dawn Mountain Immersion of Refugees (PAIR) Houston Daya Resurrection Metropolitan Community Earl Carl Institute (ECI of Texas Church (RMCC) Southern University) Rice University’s Boniuk Institute for Educational Excellence Resource Religious Tolerance Group (EERG) Rothko Chapel Emgage USA SAYHU: South Asian Youth in Houston Unite Fifth Ward Community Sisterhood of Salaam Shalom (SoSS) Redevelopment Corporation Tahirih Justice Center (TJC) GLBT Political Caucus The Alliance Harmony House The Jung Center Harris County Public Health The Montrose Center HCDVCC TXPOST Hindu American Foundation (HAF) United Against Human Trafficking Hindus of Greater Houston (HGH) University of Houston Graduate College of Holocaust Museum Houston (HMH) Social Work Houston Area Women's Center WB Press (HAWC) YMCA of Greater Houston Houston Arts Alliance (HAA)

H A T E I N H O U S T O N This is not left or right. This OUR ICON is not an issue of politics. It is an issue of humanity.

The arrows are up and down. What issues, segments/ intersections of the population do we want to uplift/bring light to? What do we want to dive deep down into?

This is black, white and human. There is no gray when speaking about the dignity and rights of all people.

Perspective is key. Sometimes you see the H clearly, sometimes you don’t.

The H is for Humanity, Houston, Hate. It is what brings the polarizing arrows together demonstrating the significance and power of existence in negative space.

We are the Houston Coalition Against Hate and this is our icon.

H A T E I N H O U S T O N ABBREVIATIONS

ADL: Anti-Defamation League ADL–SWR: Anti-Defamation League – Southwest Region APD: Austin Police Department

CBO(s): Community-based organization(s) CID: Criminal Investigation Division

D.C.: District of Columbia

FBI: Federal Bureau of Investigation

HCAH: Houston Coalition Against Hate HCHI: Hate crime and hate incident HCsHIs: Hate crimes and hate incidents HPD: Houston Police Department

LEA: Law enforcement agency LEAs: Law enforcement agencies LGBTQ: Lesbian, Gay, Bisexual, Transgender, Queer

MPD: Metropolitan Police Department

NCVS: National Crime Victimization Survey NCAVP: National Coalition of Anti-Violence Programs n.d.: No date N-P: Non-participation

PD(s): Police department(s)

RFP: Request for proposal

SPD: Seattle Police Department SO: Sheriff’s Office

TDPS: Texas Department of Public Safety

UCR: Uniform Crime Reporting

WCPD: Woodbury City Police Department

H A T E I N H O U S T O N EXECUTIVE SUMMARY

In January 2019, Houston Coalition 10 Black worshippers were killed in a Against Hate (HCAH) announced a mass shooting at an African American request for proposal (RFP) to church in Charleston (North conduct 1 an exploratory Carolina). In October 2018, a mass quantitative study of the state of shooting at the Tree of Life 1 hate crimes and hate incidents in synagogue in Pittsburgh left 11 Jewish the City of Houston. In the RFP, worshippers dead. The enduring HCAH stated: “…we need additional problem of hate violence is further information and research in order illustrated in the deadly shooting of a to determine an effective strategy Black man, Ahmuad Arbery, in to address, reduce and eventually Georgia in February 2020. Ahmaud eliminate the incidents of hate and was jogging through a neighborhood bias in the city of Houston.” in Glynn County when he was shot by two White men (a father and son). The RFP was timely because of a In parts of the country, members of series of hate-motivated acts of the Asian community have been the violence that have occurred in target of xenophobic attacks parts of the country in recent associated with the Covid-19 years. For example, in June 2015, pandemic.

[1] Hate crimes are criminal offenses that are motivated by hate. Hate incidents are non-criminal victimizations that are motivated by hate.

H A T E I N H O U S T O N P A G E 1 These examples are some of the occurrences of hate violence recent reminders of hate in practice nationally, one would think that since the 9/11 terrorist attacks on the the City of Houston, the fourth World Trade Center and the most populous city in the country, Pentagon. However, hate violence is would report high numbers of hate not a recent phenomenon in the crimes consistently. But the latest 4 country. On the contrary, the FBI hate crime data at the time perpetration of hate-motivated HCAH issued its RFP showed that violence in the U.S dates back to the the city reported only eight hate nation’s earliest days, as illustrated crimes in 2017. With a population in the subjection of African size of 2,338,235 in that year, the Americans and other minority city’s hate crime figure translates racial/ethnic groups (for example, into a hate crime rate of 0.34 per Native Americans and Mexicans) to 100,000 population in 2017. In lynching by hate groups, such as the 2016, the number of hate crimes Ku Klux Klan. 2 for the City of Houston was also eight. Despite this country’s long history of hate violence, it was not until 1992 These findings provided impetus that the national reporting of hate for the HCAH research study. The 3 5 crime statistics began. This practice study examines 11 years of was formed as part of the Hate secondary hate crime and hate Crime Statistics Act of 1990. incident (HCHI) data for Houston Subsequently, the Federal Bureau of and its surrounding areas. Through Investigation (FBI) was charged with this analysis, the study provides a the task of developing a national baseline understanding of HCHI in hate crime data collection program. Houston and identifies gaps in State and local law enforcement mechanisms for collecting and agencies submit their hate crime reporting hate crime data for data to the FBI program annually. Houston. Finally, the study assesses best practices for hate crime data Since 1996, at least, the Houston collection by analyzing the Police Department (HPD) has practices of other police participated in the submission of departments, namely: hate crime data to the FBI hate crime Austin (Travis County, Texas), data program. Against the historical Seattle (Washington State), and contemporary Metropolitan Police (Washington, D.C.) and Woodbury (New

[2] see Gonzales-Day (2006). Jersey). [3] see Nolan, Akiyama, & Berhanu (2002). [4] FBI (2018a). [5] The original RFP requested 10 years of data, which was to be limited to data published for the period 2008–2017. However, the FBI published the 2018 hate crime data in 2019 while this research project was still ongoing. As a result, the coverage period for data was extended to 2018, making the period of data study 11 years, i.e., 2008–2018.

H A T E I N H O U S T O N P A G E 2 Eleven years of secondary hate crime crimes reported each year are data (2008–2018) were retrieved surprisingly low for a city with a primarily from the FBI hate crime population of over two million. dataset. As shown in Section 3 of this Several cities, such as Tomball report, other sources were also (Harris County), with a smaller consulted for secondary HCHI data. population size than Houston Based on the researcher’s analysis of have shown evidence of a secondary FBI hate crime data and hate higher hate crime rate than crime and/or hate incident data from Houston. other secondary sources, key findings from the study are summarized below: Many cities in Harris County reported zero hate crimes over State and local law enforcement the 11–year period (2008–2018). agencies are not required to submit This pattern of reporting does hate crime data to the FBI hate not align with findings from the crime data collection program. National Crime Victimization Submission of hate crime data by Survey (NCVS), which show that state and local law enforcement hate crimes are largely agencies to the FBI is voluntary. undercounted, thus suggesting Some cities in the Greater Houston that non-reporting of hate Metropolitan area submitted hate crimes does not automatically crime data to the FBI sporadically mean that hate crimes do not over the 2008–2018 period. exist. However, the HPD maintained a consistent hate crime data From 2008–2018, the most submission to the FBI during the 11– common bias motivating factor year period. for a hate crime in Houston was race/ethnicity/ancestry. This In 2018, reported hate crimes in finding is the same at the Houston decreased by 11% from national level and in Texas 2008. In contrast, over the 11–year where race/ethnicity/ancestry period, hate crimes in Texas was the primary motivation for increased by 85% from 2008 to 2018. a hate crime during the 11–year Nationally, hate crimes decreased by period. The second and third 9% from 2008 to 2018. most common motivating factor was either religion or sexual There is low reporting of hate orientation. crimes in Houston and its surrounding areas. From 2008– The HPD does not collect data 2018, the numbers of hate on hate incidents, i.e., hate-

H A T E I N H O U S T O N P A G E 3 motivated victimizations that agencies in Texas submit their do not rise to the level of a hate crime data to the TDPS, crime. Only criminal offenses which the TDPS subsequently that are determined to be submits to the FBI. Over the 11– motivated by hate are recorded year period, there were some as hate crimes by the discrepancies in the hate crime HPD. Alleged hate-related numbers for Houston reported offenses that are later by the HPD, the TDPS and the determined to be non-criminal FBI. are processed as traditional offenses. There were no For the period 2008–2018, indications that other law there were instances of data enforcement agencies in the discrepancies in the respective Greater Houston Metropolitan FBI hate crime data for Seattle, area that were included Washington, D.C. and Austin in this research study collected (Travis County) and the data data on hate incidents. reported by the Seattle Police Department (SPD), Hate crime data reported by Metropolitan Police the HPD are limited to the Department – D.C. (M5 PD) and number of victimizations and Austin Police Department (APD) bias motivations. Other than for the respective cities. the total numbers of hate crimes and their breakdown There are variations in how according to bias motivation, hate crime is defined at federal, 6 the HPD did not report on state and municipal levels. other elements of hate crimes, Although the federal definition such as type of offense, where of hate crime sets the tone for the offense occurred, and how hate crime should be offender/suspect and victim defined across jurisdictions, information. some states and municipalities have their own definitions. Data discrepancies exist in hate Texas, Washington and crime numbers reported by the Washington, D.C. have state- HPD, the Texas Department of specific definitions of hate Public Safety (TDPS) and the crime. The City of Austin FBI. Typically, the HPD and (Travis County) also defines other participating law hate crime somewhat enforcement differently. In these instances, although the respective definitions share the basic [6] On the HPD website or to the researcher.

H A T E I N H O U S T O N P A G E 4 tenets of the federal definition approaches to collecting hate in terms of prohibiting a crime data. The SPD collects criminal offense that is a wide range of data on both motivated by hate against hate crimes and hate incidents certain social groups, they show (HCsHIs), including offender differences in phraseology or demographic, and the definitional scope. Such geographic location of variations may shape how hate victimization by precinct and crime data are collected neighborhood. The MPD by individual law enforcement collects detailed information on agencies for submission to the hate crimes, including offense FBI hate crime data collection type, and the district and program. neighborhood location of hate crime victimization. The APD Hate crime is also termed bias hate crime data collection crime in the federal definition. includes information on offense However, other law type. There were no indications enforcement agencies may that the APD and the MPD define those two terms collected data on hate incidents. differently. The term hate crime is used interchangeably It is worth mentioning that many with bias crime in the federal community-based organizations definition of hate crime. The (CBOs) in Houston may not be SPD and the MPD use both adequately conversant with the terms interchangeably. While federal, state or local definition the term bias crime is used of hate crime, or the appropriate sparingly on the APD (Travis responses to HCsHIs. Nonetheless, County) website, the term hate two Houston-based CBOs have crime is used consistently by shown that CBOs can play a pivotal the HPD. Considering that the role in HCHI data collection. This words ‘bias’ and ‘hate’ do not is evidenced in the following express comparable sentiments, findings: the use of hate crimes and bias crimes interchangeably may be The Anti-Defamation League misleading and may affect law (ADL) collects statistical data enforcement perceptions of on HCHI victimizations hate crime data collection. motivated by anti-Semitism. Data from the ADL, from 2009– The SPD, MPD and APD, in 2018, show that the FBI hate differing ways and degrees, crime data on anti-Jewish bias demonstrate sound practice in Houston may undercount the

H A T E I N H O U S T O N P A G E 5 actual numbers of hate crimes The report concludes with a range against Jews. of recommendations about developing new, or improving on The Montrose Center collects existing, practices for tackling statistical data on hate-motivated victimizations in victimizations against the Houston and beyond. The LGBTQ community. Data recommendations focus on two from the Montrose Center interrelated issues: show that, for some of the years covered in the HCAH Encouraging and supporting study, the FBI hate crime data victim/public reporting of hate- 7 on the LGBTQ community in motivated victimizations. Houston may have underestimated the actual Developing or enhancing numbers of hate crimes against strategies for collecting data on this group. hate crime.

[7] Lesbian, Gay, Bisexual, Transgender, Queer. Although the Montrose Center targets the LGBTQ communities, it is open to victims of any hate/bias incident or crime.

H A T E I N H O U S T O N P A G E 6 1.INTRODUCTION

In 1930, Congress Safety (TDPS). Subsequently, mandated the Federal Bureau of crime data compiled by the TDPS Investigation (FBI) to compile are submitted to the FBI UCR. In and publish crime statistics accordance with the federal collected by law enforcement legislation on hate crimes, the agencies (LEAs) across the State of Texas mandated the country. This FBI task operates collection of hate crime data by under the auspices of the the TDPS and required local LEAs 10 Uniform Crime Reporting (UCR) to report such data. Through its 8 program. Local LEAs voluntarily UCR program, Texas started submit their crime statistics to collecting hate crime data in 1992. the UCR, either directly to the FBI UCR program or via a state- Existing records for the period 11 level UCR program. Ultimately, 2008–2018 show that the the crime statistics are published Houston Police Department annually by the FBI. With the (HPD) has consistently reported passing of the 1990 Hate Crime its hate crime statistics to the Statistics Act, the scope of the Texas UCR program annually, and UCR data collection program was the data are published by the extended in 1992 to include TDPS and by the FBI under the the collection of data on hate title Hate Crime Statistics. As the 9 crimes. largest city in Texas and the fourth largest city in the country, The Texas UCR program was the recorded numbers of hate established in 1976 and has crimes over the years have been enabled law enforcement numerically insignificant relative agencies in Texas to voluntarily to the City of Houston’s (hereon, submit crime data to the Texas Houston) population of over 2 UCR program – coordinated by million. the Texas Department of Public

[8] For additional information about the UCR, see https://www.fbi.gov/services/cjis/ucr [9] Also referred to as bias crimes (FBI, 1999). [10] ‘Shortly after passage of the national law, the Texas Legislature amended the Texas Government Code to require the Department of Public Safety to, “Establish and maintain a central repository for the collection and analysis of information relating to crimes that are motivated by prejudice, hatred, or advocacy of violence.” The passage of this law impacted every law enforcement agency in Texas through the requirement that, “Local law enforcement agencies shall report offenses described by Subsection (a) in the form and manner and at regular intervals as prescribed by rules adopted by the department.”’ TDPS (n.d.). Crime in Texas 1999, p. 5, https://www.dps.texas.gov/crimereports/ [11] Information from the FBI UCR website shows that hate crime data reporting for Houston dates back to 1996, at least (see https://ucr.fbi.gov/hate-crime/).

H A T E I N H O U S T O N P A G E 7 In 2019, when the researcher identify the annual numbers and was articulating ideas for this prevalence of hate crimes among research study, the 2017 hate selected counties and cities, and crime data (the latest at the conduct law enforcement agency time), published by the FBI UCR analysis of best practice program, recorded eight hate approaches to hate crime data crimes for Houston. In the same collection. year, the population of Houston was 2,338,235. Considering It is the overall aim of this report this disjuncture between to inform public discourses of, Houston’s population and its low and policy and practice responses number of hate crimes, the need to, hate crime within and beyond to conduct an exploratory study Houston. Against this of hate crimes and hate incidents background, this report is (HCsHIs) in Houston seemed structured along the following timely. issues: Geographical and data The study commenced collection scope of the study. with the overarching goal to The study’s primary 12 utilize 10 years of statistical data geographical and data from the FBI UCR program, collection scope is Houston. TDPS, local LEAs, and Houston Second, the study covers community–based organizations Washington D.C. and selected (CBOs) to assess the prevalence, counties or cities in three characteristics and official states: Texas, New Jersey and processing of HCsHIs in Washington. Houston, and to compare HCHI Definitions of hate crime at data for Houston against HCHI the national and state data for selected counties and (primarily Texas) levels, and cities within and outside of the how these compare with hate Greater Houston Metropolitan crime definition at the local region (hereon, Greater (primarily Houston) level. 13 Houston). The main purpose of Hate crime and/or hate the comparative approach is to incident data for Houston identify gaps, if any, in hate reported by the HPD and by crime data reported by the HPD Houston community–based and possibly by selected Houston organizations. community–based organizations,

[12] Limited to data published for the period 2008 to 2017. However, the FBI published the 2018 hate crime data in 2019 while this research project was still ongoing. As a result, the coverage period for data was extended to 2018, making the period of data study 11 years, i.e., 2008–2018. [13] Also referred to as the Houston-The Woodlands-Sugar Land Metropolitan Statistical Area (MSA).

H A T E I N H O U S T O N P A G E 8 Hate crime data for Houston in (New Jersey), Seattle comparison to hate crime data (Washington), and Washington, for four purposively selected D.C. The cities were selected for counties in Greater Houston: an assessment of their practices Austin, Chambers, Fort Bend vis-à-vis the collection of hate and Montgomery. crime data. For best practice analysis, hate Conclusions and crime data for Houston are recommendations for best compared to hate crime data practices in hate crime data for four cities outside of collection in Houston and Greater Houston: Austin (Travis beyond. County, Texas), Woodbury

2. GEOGRAPHICAL SCOPE

The primary geographical focus of shows a significant presence in the the study of HCsHIs is Houston – Houston population. Asians a city with an estimated comprise 6.9% of the Houston population of 2,295,982 in 2018, population, Black or African according to American American 22.5%, Hispanic 14 or Community Survey (ACS) five- Latino 44.8%, and White 57.6% (see year estimates. Houston Figure 1 below). is primarily located Figure 1. Houston Population vs. National Population by within Harris County. In Race: 5-Year Estimates, 2018 2018, the Houston female population was estimated at 50%. Estimates from 2014–2018 show that 29.5% of the Houston population were foreign- born. Each of the four major racial/ethnic groups in the country

[14] Hispanic is an ethnic group and may be of any race. Hispanics are not Source: included in the chart (Figure 1). U.S. Census Bureau (n.d.), https://www.census.gov/programs-surveys/acs/data/html

H A T E I N H O U S T O N P A G E 9 The Houston populations of There are diverse Asians, Blacks or African religions in Houston, ranging Americans, and Hispanics or from Christianity to Buddhism. 17 Latinos exceed their respective The chart below (Figure national populations, which were 2) shows the religious estimated at 5.4%, 12.7% and 17.8% composition of the adult 15 in 2018. Contrastingly, the population in the Houston 18 Houston White population metropolitan statistical area and underrepresents its national in the U.S. population of 72.7%, thereby Figure 2. Religious Makeup of Adults in the highlighting how the populations Houston Metro Area & in the U.S. of the other major racial/ethnic groups contribute significantly to the overall Houston population.

American Indian and Alaska Native, and Native Hawaiian and Other Pacific Islander have Houston population estimates of 0.3% and 0.1%, respectively (national populations: 0.8% and 0.2%, respectively). The Houston population for Two or More Races is estimated at 2.1% (national population: 3.2%), and 10.5% are reported as Some Other Race (national population: 4.9%).16

[15] see U.S. Census Bureau (n.d.), http://www.census.gov/programs- surveys/acs/data.html [16] see U.S. Census Bureau (n.d.), http://www.census.gov/programs- surveys/acs/data.html [17] see Rice/Kinder Institute for Urban Research (n.d.). [18] That is, the Houston-The Woodlands-Sugar Land Metropolitan Statistical Area (MSA). Source: Pew Research Center (2015).

H A T E I N H O U S T O N P A G E 1 0 2.1 Other Cities for Hate Crime as reported by the FBI UCR Data Comparison program. The additional counties listed in Table 1 are four of the Although the geographical nine counties 1 9 in Greater center of the research study of Houston. Austin and Chambers HCsHIs is Houston, the project are the smallest populated compares HCHI data for counties in Greater Houston, and Houston against HCHI data for Harris, Fort Bend and other cities within and beyond Montgomery counties are the Greater Houston. Therefore, the three largest. The two smallest geographical scope of the study counties were selected to serve as includes 22 other cities in Harris a contrast to the three largest County, four additional counties counties in the region. (and incorporated cities) in Greater Houston, and four cities The four additional counties are outside of Greater Houston (see included in the study in order to Table 1 below). compare their FBI hate crime data with the Houston hate crime data Other cities in Harris County are for the 2008–2018 period. The included in the study in order to comparisons will show numbers compare their hate crime data and prevalence of hate crimes in with the Houston hate crime Houston, in other cities in Harris data for the period 2008–2018, County, and in the four additional counties in Greater Houston.

Table 1. Counties and Cities in the Study

[19] The nine counties are: Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller.

H A T E I N H O U S T O N P A G E 1 1 Over the 11–year period (2008– cities). The cities were selected 2018), the selected cities outside of in order to assess them for best Greater Houston (see Table 1) have practice approaches to the recorded numbers of hate crimes collection of HCHI data. In that are higher numerically or by addition, the assessment will rate than the numbers or rates for identify gaps, if any, in hate Houston (see Appendix 1 for the crime data for Houston. population size of the respective

3. SOURCES OF DATA COLLECTION

The study tracked, examined and Hate crime statistics that are compared 11 years’ worth of hate recorded by LEAs in the country crime statistics (2008–2018) for are ultimately submitted through a Houston and for the other state UCR program or directly to counties and cities in the study. the FBI UCR program for Relevant policy and procedural compilation and publication. In documents were also studied. Hate this study, the FBI UCR hate crime crime and/or hate incident data data for Houston and the counties discussed in this report were and cities listed in Section 2.1 (see derived from the sources listed in Table 1) were collected for the Table 2 below. period 2008–2018.

Table 2. Data Sources: National, State, Local LEA, and Houston Community-based Organizations

[20] There were no publicly available hate crime data from the Woodbury PD other than the data published by the FBI UCR program.

H A T E I N H O U S T O N P A G E 1 2 At the State of Texas level, the seven city police departments TDPS collects and compiles hate (PDs) and sheriffs’ offices in crime statistics that LEAs in Greater Houston, including the Texas voluntarily report to the HPD. The request was made on Texas UCR program. The TDPS the assumption that these LEAs submits the compiled data to the would collect hate incident data FBI UCR program. Both the or hate crime data that TDPS and the FBI publish hate might not have been reported to 21 crime data reported by Texas the FBI UCR program. LEAs. In this study, the TDPS 2008–2018 hate crime data for Given the range of services that Houston and the Texas Houston-based CBOs provide in counties and cities listed in the city, the researcher Section 2.1 (see Table 1) considered some of them a were examined for the purpose possible resource for information of comparing them against the on hate-motivated FBI hate crime data, even though victimizations that may not be the TDPS data inform the FBI known to law enforcement. data. Twenty-six CBOs in Houston, most of whom were Hate crime data at the city police members of HCAH, were level are useful for comparison contacted for possible data on 22 with state and national hate HCsHIs (see Appendix 2 for crime data. The researcher a list of members of HCAH at the requested hate incident data and time of data collection). additional hate crime data from

[21] The HPD responded with additional hate crime information. Two of the remaining six city PDs and sheriffs’ offices referred to their UCR submission as final; the other four did not respond to the researcher’s request for HCHI data [22] Out of the 26 CBOs, 11 indicated that they did not collect data on HCsHIs, 11 did not respond at all or responded with no definitive information, 1 did not want to participate in the study, and 1 submitted information that did not meet the federal definition of hate crime.

H A T E I N H O U S T O N P A G E 1 3 4.FEDERAL DEFINITION OF HATE CRIME FOR DATA COLLECTION

The 1990 Hate Crime Statistics Box 1: Hate Crime Offenses Act mandates the collection of data related to “crimes that manifest evidence of prejudice Crimes against persons based on race, religion, Murder & non-negligent 23 sexual orientation, or ethnicity. ” manslaughter The collected data are Rape published annually as the FBI Aggravated assault UCR Hate Crime Statistics. Simple assault Offenses under which hate Intimidation motivations may be assessed Human trafficking fall under three categories: Other crimes against persons, crimes against property, and crimes Crimes against property against society (see Box 1, right). Robbery Burglary Amendments to the 1990 Larceny-theft Hate Crime Statistics Act in 1994 Motor vehicle theft expanded the demographic Arson coverage of FBI UCR Destruction/damage/vandalis hate crime data collection to Other encompass “bias against persons with disabilities.” Crimes against society Drug & narcotic offenses Any one or more of these biases Gambling offenses must accompany a criminal Prostitution offenses offense for the offense to qualify Weapon law violations as a hate crime. This is mirrored in the definition of hate crime Source: 24 issued by the FBI in 1999 with https://www.fbi.gov/services/cjis/ ucr/hate-crime

[23] FBI (2015a), p.1. The hate crime statistics program has involved the collection of hate-motivated crimes by the FBI UCR, as reported by college, university, city, county, tribal, state and federal LEAs (FBI, 2015a). [24] FBI (1999), p.2.

H A T E I N H O U S T O N P A G E 1 4 a goal to attain national race/ethnicity/ancestry, religion, consensus in the collection and gender, gender identity, sexual reporting of hate crimes by orientation, and disability (see LEAs: Appendix 3 for a breakdown of the bias motivations). These are “Bias Crime—A criminal reflected in the revised FBI 26 offense committed against a definition of hate crime: person or property which is motivated, in whole or in “Bias Crime– A committed part, by the offender’s bias criminal offense that is against a race, religion, motivated, in whole or in part, disability, sexual orientation, by the offender’s bias(es) or ethnicity/national origin; against a race, religion, also known as Hate Crime.” disability, sexual orientation, or ethnicity, gender, or gender As shown in the above identity; also known as Hate definition, the term hate crime is Crime.” used interchangeably with bias crime. Whether these The additional biases are interchangeable terms are reflected in subsequent Hate recognized or used by all LEAs Crime Statistics published by in the country is open to the FBI UCR program. The new investigation, particularly in FBI definition is meant to guide relation to how the differing federal, state and local LEAs terms might be perceived and toward a uniform hate crime data acted upon by individual LEAs. collection and reporting process.

Following the 1999 federal Based on the FBI definition of definition of hate/bias crime, the hate/bias crime, a criminal demographic coverage was offense must be motivated by bias expanded in 2009 to include or hate for the offense to qualify “hate crimes committed as a hate/bias crime. In other by/directed against juveniles,” words, a criminal offense must and bias against one’s gender and have occurred before a bias or 25 gender identity. hate motivation can be determined as the trigger for the Today, hate crime data are offense (see Box 2 below). collected based on the following bias motivations:

[25] FBI (2015a), p.3. The amendment was made under the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act 2009. [26] FBI (2015a), p.9.

H A T E I N H O U S T O N P A G E 1 5 4.1 Overview of National Hate Box 2 Crime Data: 2008–2018

“Hate crimes are not separate, Hate crime data reported by the distinct crimes, but rather FBI UCR program show numbers traditional offenses motivated by and characteristics of hate the offender’s bias. For example, crimes nationally and across an offender may commit arson jurisdictions. This overview of because of his or her racial bias. It national hate crime statistics is, therefore, unnecessary to create sets the tone for relating to a whole new crime category. To numbers of hate crimes at state the contrary, hate crime data can and local levels. Table 3 below be collected by merely capturing shows the annual numbers of additional information about hate crimes in the U.S from offenses already being reported to 2008–2018, as reported in the the FBI UCR Program” FBI UCR Hate Crime Statistics. The table also gives a breakdown Source: FBI (2015a), p.2. of the annual numbers of hate crimes according to bias motivation. 27 28 Table 3: National Number of FBI UCR Hate Crimes by Population Coverage, Bias Crimes & Bias Motivation, 2008–2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime Note: Before 2015, the current race/ethnicity/ancestry category in the FBI UCR Hate Crime Statistics publication was in two separate categories titled Race, and Ethnicity/national origin. In 2013, the label national origin was removed, having previously occupied space with ethnicity. In 2015, the three-label category– race/ethnicity/ancestry– was introduced and is still in use to date. For the purpose of this report, figures for the race/ethnicity/ancestry category for the years 2008, 2009, 2010, 2011, 2012, 2013 and 2014, respectively, are the race figure and the ethnicity figure combined. Further, there were no categories for gender and gender identity in FBI UCR Hate Crime Statistics from 2008–2012.

[27] Covers data for all reporting LEAs - city, metropolitan and non-metropolitan counties, universities and colleges, etc. [28] Combines single bias and multiple-bias incidents. “A single-bias incident is an incident in which one or more offense types are motivated by the same bias. A multiple-bias incident is an incident in which one or more offense types are motivated by two or more biases.” https://www.fbi.gov/services/cjis/ucr/hate-crime

H A T E I N H O U S T O N P A G E 1 6 As the table shows, the national Victim underreporting of crime figure for hate crimes was at its is among the limitations of the lowest in 2014 (a total of 5,479) UCR as a source of crime data. 29 and at its highest in 2008 (a total The UCR is limited as an official of 7,783). These figures represent source of information for a national hate crime rate of 1.84 measuring the extent of hate per 100,000 population in 2014 crimes given that not all hate- and 2.89 per 100,000 population motivated victimizations are 30 in 2008. Over the 11–year reported to the police. Hate period, the national number of crime victimization data from the hate crimes decreased by 9% in National Crime Victimization 31 2018. Survey (NCVS ) reveal severe underreporting of hate-motivated Across the 11 years, the most victimizations to law enforcement common single-bias motivating (see Box 3 below). The NCVS factor for a hate crime is race/ethnicity/ancestry. In Box 3 second place is either religion or “For a crime to be classified as a sexual orientation, depending on hate crime in the NCVS, the victim the year. However, overall, must report at least one of three religious bias is more likely than types of evidence that the act was sexual orientation bias to motivated by hate: (1) the offender used hate language, (2) the motivate a hate crime. offender left behind hate symbols, or (3) police investigators The total annual figures for hate confirmed that the incident was crimes are quite low relative to hate crime.” the annual population coverage. This may suggest that the Findings from the NCVS show reported hate crimes for the that: “On average, U.S. residents experienced approximately years under study underestimate 250,000 hate crime victimizations the actual numbers of hate each year between 2004 and 2015, crimes for those years. Possible of which 230,000 were violent explanations for the low hate victimization.” numbers of reported hate crimes may include the following: Source: Masucci & Langton (2017), p.2.

[29] see Mosher, Miethe, & Hart (2011). [30] see Pezzella, Fetzer, & Keller (2019); Gerstenfeld (2011); Perry (2001); Perry (2003). [31] The NCVS is one of the two major sources of nationally compiled crime data; the other is the FBI UCR. While the UCR system collects information on offenses and offenders based on the voluntary reporting of crime data from state and local LEAs to the FBI, the NCVS is a self-report victimization survey of a sample of households and people about their experiences of crime victimization. The NCVS is administered by the U.S. Bureau of Census on behalf of the Bureau of Justice Statistics (BJS). The BJS is housed in the Department of Justice (for more information about the NCVS, visit www.bjs.gov). Hate crime was recognized in the NCVS in 2000 when questions were included in the survey to detect hate crime victims (Harlow, 2005). Unlike the UCR, the NCVS hate crime data are currently published at the national level only; hate crime data at the lower level geography, such as the state and city levels, are not published or may not be available.

H A T E I N H O U S T O N P A G E 1 7 supplements the FBI UCR as a Findings from the NCVS show source of HCHI information in that common reasons for not that it captures victimizations reporting a hate-motivated that may not be reported to the victimization to the police are police or may not qualify as a perceived police ineffectiveness hate crime by FBI standards. and inefficiency or apathy, a decision to deal with the matter A range of situational and social privately, and a concern that context factors, individually or reporting the incident could cause 33 interrelatedly, affect the problems for the victim. likelihood of the public not to 32 report crimes to the police, for Not all hate-motivated example: victimizations reported to the police are recorded as a hate Crimes that are perceived to crime. An incident reported to a be trivial may not be reported local LEA must rise to the level of to the police. a criminal offense, and the LEA The type of crime can must also establish hate or bias as influence non-reporting, for the motivation for the crime. In example, domestic violence. other words, there is the Lack of confidence and trust additional burden of proof of hate in the police. or bias that is required of LEAs to Perceptions of the police as decide that a criminal activity was ineffective. hate/bias-motivated or that a Persons in socioeconomically hate/bias-motivated act was not a disadvantaged and high crime crime but purely a hate incident. neighborhoods may be less likely to report their crime However, identifying a hate crime victimization to the police. is not a straightforward task principally because of the Some of the reasons for non- challenges in making reporting of hate-motivated determinations about hate or bias victimizations to the police motivations. This problem is resemble reasons for non acknowledged by the FBI in reporting of crimes in general. the statement in Box 4 below.

[32] Goudriaan, Lynch, & Nieuwbeerta (2004). [33] Masucci & Langton (2017).

H A T E I N H O U S T O N P A G E 1 8 of an existing criminal offense. Box 4 This automatically excludes all “Because motivation is subjective, hate-motivated incidents that do it is sometimes difficult to know not involve the commission of a with certainty whether a crime traditional offense (see Box 1 resulted from the offender’s bias. Moreover, the presence of above). bias alone does not necessarily mean that a crime can be Bias motivations for a hate crime considered a hate crime. Only are limited to the six types of when a law enforcement biases included in the FBI investigation reveals sufficient definition. There are other evidence to lead a reasonable and prudent person to conclude that types of bias motivations, such as the offender’s actions were political, that are not included in motivated, in whole or in part, by the FBI UCR program. his or her bias, should an agency report an incident as a hate 4.2 How Does the State of Texas 34 crime.” : Define Hate Crime?

Despite the federal definition, Thus, the low numbers of hate definitions of hate crime may 35 crimes reported by the FBI UCR vary among LEAs. Individual program for the period 2008– state and local LEAs may adopt a 2018 may also be attributed to definition that is not entirely in local police under-recording due sync with the federal definition. A to the complexities in departure from the federal identifying hate or bias as the definition may influence hate motivation for a criminal crime data gathering by a LEA. activity. Ultimately, how hate crimes are determined and reported to a There is no federal law that state UCR program or to the FBI mandates state and local LEAs UCR program is likely to be to submit hate crime data to FBI influenced by how hate crime is UCR program. State and local defined and operationalized by LEA participation in this individual LEAs. However, local program is voluntary. LEAs submit hate crime data to the FBI UCR based on the six Hate crimes are limited to federally defined bias incidents that rise to the level motivations.

[34] FBI (2018b), p.1. {35] see Perry (2001).

H A T E I N H O U S T O N P A G E 1 9 The Texas Department of Public period 2008–2018 (see Table 4 Safety (TDPS) started collecting below; also see section 5.1 below). hate crime data in 1992 through its UCR program. The State of The annual numbers of hate Texas has its own broad crimes for Texas reported in the definition of hate crime (see Box FBI UCR Hate Crime Statistics for 5 below). 2008–2018 are small in comparison to the state’s annual population coverage (see Table 4). Box 5 In 2018, the hate crime figure for

“The Texas Hate Crimes Act, Texas reached its highest at 455 Chapter 411.046 of the Texas (rate of 1.63 per 100,000 Government Code, defines hate population) from its lowest at 132 crimes as crimes that are (rate of 0.5 per 100,000 motivated by prejudice, hatred, or population) in 2013. advocacy of violence including, but not limited to, incidents for which statistics are or were kept under Public Law 101-275 (the Federal Hate Crimes Statistics Act). The federal law further Over the 11–year defines Hate Crime as crimes that manifest evidence of prejudice period, the total based on race, ethnicity, sexual orientation, religion, disability, number of hate 36 gender and gender identity. " crimes for Texas increased by 85% The Texas definition acknowledges the federal from 2008 to 2018. definition, including the specific biases mandated under Nationally, hate the federal law. It is unknown to the researcher if this crimes decreased definitional variation had an influence on how the TDPS by 9% from collected and validated Texas hate crime statistics for the 2008 to 2018.

[36] TDPS (n.d.). Crime in Texas 2018, p.43, https://www.dps.texas.gov/crimereports/18/citCh6.pdf

H A T E I N H O U S T O N P A G E 2 0 37 38 Table 4. Number of FBI UCR Hate Crimes for Texas by Population Coverage, Bias Crime & Bias Motivation, 2008–2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime Note: Before 2015, the current race/ethnicity/ancestry category in the FBI UCR Hate Crime Statistics publication was in two separate categories titled Race, and Ethnicity. In 2015, the three-label category– race/ethnicity/ancestry– was introduced and is still in use to date. For the purpose of this report, the respective 2008, 2009, 2010, 2011, 2012, 2013 and 2014 figures for the race/ethnicity/ancestry category are the race figure and the ethnicity figure combined. Further, there were no categories for gender and gender identity in FBI UCR Hate Crime Statistics from 2008–2012.

From 2008–2018, In section 4.1 (above), some of the race/ethnicity/ancestry is the possible reasons for the low number one single-bias national numbers of hate crimes motivating factor. Sexual are outlined. Those reasons may orientation is in second place apply to hate crime reporting and except for 2018 when the figure recording in Texas. It is expected for religious bias exceeded the that the Texas definition of hate figure for sexual orientation bias. crime will inform the definition Overall, religious bias is in third of hate crime by local LEAs. place. In contrast, the national hate crime data show that overall, a hate crime is likely to be motivated by religious bias than sexual orientation bias (see Table 3).

[37] Covers data for all reporting LEAs - city, metropolitan and non-metropolitan counties, universities and colleges, etc. [38] Combines single bias and multiple-bias incidents. “A single-bias incident is an incident in which one or more offense types are motivated by the same bias. A multiple-bias incident is an incident in which one or more offense types are motivated by two or more biases.” https://www.fbi.gov/services/cjis/ucr/hate-crime

H A T E I N H O U S T O N P A G E 2 1 5.HATE CRIME IN THE CITY OF HOUSTON

The City of Houston falls primarily under the jurisdiction Box 6 of the HPD. In collecting data on HPD Hate Crime Policy hate crimes, the HPD adheres to the federal definition of hate ‘The Houston Police Department views 39 crime, which requires a hate all Hate Crimes as major, and possibly organized, acts which are given the incident to qualify as a hate highest investigative priority possible crime when a criminal offense to ensure rapid apprehension of all “committed against a person or persons involved. property” is wholly or partly motivated by the “offender’s bias The Criminal Intelligence Division was against a race, religion, designated as the department's federally mandated “Second Level disability, sexual orientation, Judgement Unit” in 1991. The Criminal ethnicity, gender, or gender Intelligence Division has the ultimate identity.” responsibility for determining whether a crime is reported to federal or state The HPD has a policy on hate record-keeping agencies crime (see Box 6, right). The as a Hate Crime. policy includes the role of Additional areas of responsibility the Criminal Investigation include: Division (CID), formed and Education of both the public and tasked with the responsibility of police officers on the requirements making determinations on of a Hate Crime whether a crime is eligible for Prevention techniques reporting to the TDPS or the FBI Reporting procedures as a hate crime. Organized Hate Crime groups, and Development of strategic initiatives

in dealing with Hate Crime related Individual police officers refer issues.’ crimes to the HPD CID that they believe meet the federal Source: definition of a hate crime. The http://www.houstontx.gov/police/hate CID reviews and determines if crime/

[39] Personal communication with an HPD representative. The national definition is also used on the HPD website: http://www.houstontx.gov/police/hatecrime/

H A T E I N H O U S T O N P A G E 2 2 the offense is a hate crime. This processed and reported to the HPD process speaks to the FBI state or FBI UCR as ordinary 40 statement on a “two-tier offenses. This means that the decision-making process” in hate HPD does not keep records of crime identification and alleged incidents of hate that the documentation (see Box 7 CID does not determine to meet below). the standard of a hate crime.

Other offenses that do not meet The HPD publishes an update of the hate crime definition are Houston hate crimes on its website, with the earliest update 41 starting in 2010. Box 7 From 2008–2018, the HPD was “The first level is the law consistent in reporting the enforcement officer who initially responds to the alleged hate numbers of Houston hate crimes crime incident, i.e., the to the TDPS/FBI UCR (see Figure “responding officer” (or “first- 3 below). The reported hate crime level judgment officer”). It is the figures for Houston were at their responsibility of the responding lowest in 2016 and 2017 (8 hate officer to determine whether there is any indication that the crimes in both years, respectively) offender was motivated by bias. and at their highest in 2008 (28 If a bias indicator is identified, hate crimes). The 2008 figure was the officer designates the followed by a notable decline in incident as a “suspected bias- 2009 through 2013. There was a motivated crime” and forwards the case file to a “second-level sharp increase to 27 hate crimes judgment officer/unit.” (In in 2015 prior to the declines in smaller agencies this is usually a 2016 and 2017. The declines were person specially trained in hate succeeded by a sharp increase to crime matters, while in larger agencies it may be a special unit.) 25 hate crimes in 2018. It is the task of the second-level judgment officer/unit to review Over the 11–year period, Houston the facts of the incident and maintained a population of over 2 make the final determination of million, ranging from 2,143,628 in whether a hate crime has actually occurred. If so, the incident is to 2011 to 2,338,235 in 2017 (see be reported to the FBI UCR Appendix 4 or 5 for the annual Program as a bias-motivated population of Houston, 2008– crime. 2018).

Source: FBI (2015a), pp.2-3 [40] Personal communication with an HPD representative. [41] The data are limited to total numbers of hate crimes and how the numbers are distributed based on type of bias.

H A T E I N H O U S T O N P A G E 2 3 In 2016 and 2017, the city had its On average, the annual largest population: 2,334,348 in population of Houston over 2016, and 2,338,235 in 2017. However, the lowest numbers of the 11–year period hate crimes were recorded in both is 2,250,876. years at a hate crime rate of 0.34 per 100,000 population, Compared against its respectively. The highest number population, the numbers of of hate crimes in Houston was recorded in 2008 and that reported hate crimes are number translates into a hate significantly low. crime rate of 1.25 per 100,000 On face value, this may population in that year. be (mis)interpreted as Notwithstanding the small indicative of low prevalence numbers of reported hate crimes for Houston, the data show how of hate crimes in Houston. the figures are distributed according to bias motivation.

Figure 3. Number of FBI UCR Single-Bias Hate Crimes for Houston by Year & Bias Motivation, 2008–2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime Note: From 2008–2014, the category race/ethnicity/ancestry did not exist. Instead, there were two separate categories: Race, Ethnicity. The combined race/ethnicity/ancestry category was introduced in 2015. For the purpose of this report, the 2008–2014 figures for race/ethnicity/ancestry category are the race figure and the ethnicity figure combined. Gender and gender identity categories did not exist in FBI UCR Hate Crime Statistics from 2008–2012. They were introduced in 2013.

H A T E I N H O U S T O N P A G E 2 4 Figure 4. Number of Hate Crimes Reported by the HPD, TDPS & the FBI UCR, 2008–2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; TDPS hate crime data for 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, https://www.dps.texas.gov/; HPD hate crime data for each year from 2010-2018, https://houstontx.gov/

Over the 11 years, race/ethnicity/ancestry is the In 2018, reported hate crimes main bias motivating factor for a in Houston decreased by 11% hate crime. Except for 2017, sexual orientation is in second from 2008. The reasons for the place as a trigger for a hate crime, low numbers of hate crimes followed by religion in third may include those outlined in place. This pattern of bias motivation in Houston is also section 4.1 above. Victim demonstrated in Texas (see Table underreporting and the 4 above). Similarly, gender challenges in establishing a identity bias is more likely than 42 disability bias and gender bias to hate motivation for a criminal motivate a hate crime in Houston, offense are some of the in Texas and in the U.S (see problems that may influence Tables 4 and 3 above). the total numbers of hate crimes reported by the HPD.

[42] There were no cases of disability bias reported for Houston from 2008-2018.

H A T E I N H O U S T O N P A G E 2 5 5.1 Discrepancies in Houston the 2017 and 2018 FBI UCR Hate Crime Data publication deadlines. As such, the new cases would not be Hate crime data reported to the included in the respective 2017 FBI UCR may not reflect the and 2018 Hate Crime Statistics actual data collected by published by the FBI. individual LEAs. A notable reason for this is that the FBI has Data discrepancies are also a deadline for the annual evident in the case of HPD hate publication of Hate Crime crime data relative to the data 44 Statistics, and LEAs are required reported by the TDPS. Except to submit their data to the FBI for 2016 and 2017 when the HPD UCR by the deadline. This means and the TDPS reported the same that any new hate crimes numbers of hate crimes, the recorded by an LEA or any figures reported by the HPD changes made to its existing hate and the TDPS for the other years crime data after the annual FBI (2010–2015, and 2018), deadline will not be reflected in respectively, varied. In 2010 and the FBI Hate Crime Statistics for 2015, the HPD figures are lower that year. This process may than the figures reported by the explain the discrepancies in TDPS. In contrast, the HPD some of the hate crime data for figures are higher than the figures 43 Houston reported by the HPD, reported by the TDPS for the the TDPS and the FBI UCR period 2012, 2013, 2014 and 2018. program, respectively (see Figure 4 above).

In the 11–year period, the TDPS The data discrepancies and the FBI reported the same numbers of hate crimes for between the HPD and Houston except for 2017 and the TDPS suggest the 2018. In 2017, the FBI reported 8 hate crimes while the TDPS possibility of deficiency reported 11. In 2018, the figures were 25 by the FBI and 30 by the in the reporting process TDPS. These discrepancies may between the HPD be the result of new hate crime victimizations that were and the TDPS. reported to the TDPS after

[43] On the HPD website. Hate crimes for 2008 and 2009 were not published by the HPD during the period of the research study. [44] The discrepancies extend to the FBI hate crime data

H A T E I N H O U S T O N P A G E 2 6 All the hate crimes reported by (PDs) reported up to one or more the HPD were confirmed by the hate crimes for some of the years, agency to have met the statutory ranging from one year to five criteria for classification as a years of reporting. Tomball PD hate crime. Other than the and La Porte PD reported one to numbers of hate crimes three hate crimes across five according to year and type of years; Baytown PD and Pasadena bias available on the HPD PD reported one or two hate website, no published or crimes across two years; and the available data could be located PDs for Bellaire, Deer Park, by the researcher about other Galena Park, Hedwig Village, aspects of the reported hate Katy, and Seabrook reported one crimes, such as offense type and or two hate crimes across one offender/victim characteristics. year. None of the official data sources include information about hate All the Harris County cities with a incidents. hate crime record of one or more still have hate crime figures that 5.2 Hate Crime Data: Houston are significantly low in vs. Other Cities in Harris comparison to the population of County the cities. However, there are instances of cities with a higher Hate crime data reported by the hate crime rate than Houston. FBI UCR show that other cities Tomball is one example. With a in Harris County, besides hate crime total of two and a Houston, report comparatively population of 10,272 in 2010, low numbers of hate crimes vis- Tomball had a hate crime rate of à-vis the population size of the 19.47 per 100,000 population cities (see Table 5 below and against 0.57 per 100,000 Appendix 5 for the population population for Houston in 2010 of Houston and the other cities (13 hate crimes and a population in Harris County). As Table 5 of 2,280,859). Although the 2010 shows, a significant number of numerical difference in hate the other cities in Harris County crimes between the two cities may reported zero hate crimes over seem insignificant, the hate crime the 2008–2018 period. rates are worthy of note in that they point to differences in the Some cities reported zero hate frequency of occurrence of hate crimes over several years during crimes in both cities, based on the 11–year period. In those reported cases. cities, the police departments

H A T E I N H O U S T O N P A G E 2 7 Table 5. Number of FBI UCR Hate Crimes for Cities in Harris County, 2008-2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime Not all city PDs in Harris County Participation in hate crime participated in the reporting of reporting to the FBI UCR varied hate crimes to the FBI UCR according to city and year. Most program. Because hate crime of the city PDs in Harris County data reporting to the FBI UCR participated each year from program is not mandatory for 2008 to 2018 given that they state and local LEAs, city PDs are reported the occurrence or non- not obligated to report hate occurrence of hate crimes in crimes to the FBI UCR program. their jurisdictions. This may explain the numbers of non-participation (N-P) shown in The remaining city PDs and the Table 5 (above). Harris County Sheriff’s Office (SO) were not consistent in their

[45] Harris County Sheriff’s Office. It is not a city police participation. For example, from department. 2008 to 2013 and in 2017, [46] Non-participation.

H A T E I N H O U S T O N P A G E 2 8 Shoreacres PD did not exceed zero, are also miniscule participate in hate crime (see Figure 5 below). Fort Bend reporting. For the other County reported one or more years (2014–2016 and 2018), hate crimes for all the years Shoreacres PD participated in except for 2011 when the County hate crime reporting, but it reported zero hate crimes. As reported zero hate crimes. shown in Figure 5, Austin, Similarly, for a period of four Chambers and Montgomery consecutive years (2014–2017), counties reported zero hate Lakeview PD was non- crimes across several years, participatory despite respectively. For example, Austin, participation in earlier years Chambers and Montgomery (2008–2013) and the reporting of counties reported zero hate zero hate crimes for those years. crimes from 2008–2013 and in 2015. 5.3 Hate Crime Data: Houston vs. Austin, Chambers, Fort Bend and Montgomery Counties

Austin and Chambers counties The low numbers of have the smallest populations in reported hate crimes, Greater Houston while the three most populated counties in the particularly the reporting region are Harris, Fort Bend and of zero hate crimes, in the Montgomery. Austin, Chambers, Fort Bend and Montgomery were five counties and their selected for this study in order to incorporated cities are a compare their hate crime numbers with the numbers for cause for concern. It is Houston for the period 2008– unclear if the numbers are 2018. an accurate representation Each of these counties has a or a product of population size that is smaller than the population of Houston underreporting of hate (see Appendix 4 for the crimes in the counties population of Houston and the four counties). However, the and cities. numbers of hate crimes for these counties, where the numbers

H A T E I N H O U S T O N P A G E 2 9 Figure 5. Number of FBI UCR Hate Crimes for Houston, and Austin, Chambers, Fort Bend and Montgomery Counties, 2008-2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime

In some counties, such as Fort hate crimes. For example, Bend County, the number of Missouri City accounted for 39% reported hate crimes came of the hate crimes reported over primarily from a handful of the 11–year period in Fort Bend cities, with others reporting zero County (see Figure 6 below).

Figure 6. Total Numbers of FBI UCR Hate Crimes by Cities in Austin, Chambers, Fort Bend and Montgomery Counties, 2008-2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime

H A T E I N H O U S T O N P A G E 3 0 Rosenberg followed at 13%, Sugar Across the four counties, there are Land and Stafford at 9% each, cities that have shown a higher and Richmond at 4%. Other hate crime rate than Houston. For 47 participating city PDs in Fort example, in 2018, Oak Ridge Bend County reported zero hate North in Montgomery County had crimes. The Fort Bend County a population of 3,143 and a record Sheriff's Office accounted for of four hate crimes, 5 0 which 26% of the hate crimes reported translate into a hate crime rate of by the county from 2008 to 127.3 per 100,000 population. In 2018. the same year, Houston’s population of 2,296,862 and a 51 Montgomery County recorded figure of twenty-five hate crimes seven hate crimes in the 11–year translate into a rate of 1.1 per period. Five of those occurred in 100,000 population. 2018. Four (57%) of the seven hate crimes occurred in Oak 5.4 Hate Crimes and Hate Ridge North, two (29%) occurred Incidents (HCsHIs) in Houston: in Conroe, and one (14%) Data from Two Community- occurred in Willis. Zero hate based Organizations in Houston crimes were reported by other 48 city PDs in Montgomery There are a variety of County that submitted data community-based organizations during the 11–year period. (CBOs) in Houston that provide various services to Houston There were only two reported communities. In planning this hate crimes in Austin County for research project, CBOs were the 11–year period – one from considered a useful resource for Sealy in 2016 and the other from data collection on hate incidents the Sheriff's Office in 2017. that may or may not qualify as Other participating city PDs 49 hate crimes. This consideration submitted zero hate crimes. was based on the fact that CBOs Eighty percent of the five hate are often trusted resources for crimes that Chambers County marginalized communities and, reported from 2008 to 2018 therefore, the assumption was came from Mont Belvieu. made that some of the Twenty percent came from the organizations were likely to have Sheriff's Office. All five hate encountered cases of HCsHIs that crimes were reported in 2018.

[47] The other city PDs are Arcola, Fulshear, Meadows Place, and Needville. [48] They are: Magnolia, Montgomery, Patton Village, Roman Forest, Shenandoah, Splendora, Stagecoach, and Woodbranch. [49] The other PDs are Bellville, San Felipe, and Wallis. [50] see FBI (2019). 2018 Hate Crime Statistics, https://ucr.fbi.gov/hate-crime/2018 [51] see FBI (2019). 2018 Hate Crime Statistics. https://ucr.fbi.gov/hate-crime/2018

H A T E I N H O U S T O N P A G E 3 1 may not have been reported to a Box 8 law enforcement agency.

ADL Definition of Anti- Out of the 26 CBOs that were Semitic Incidents contacted for data on HCsHIs, going back ten years (2008–2017), "Criminal and non-criminal only two responded with some incidents of harassment, data that addressed a federally vandalism, and assault or mandated bias motivation. The other violence that: 1) include CBOs are: Anti-Defamation circumstances indicating anti- League–Southwest Region (ADL- Jewish animus on the part of SWR), and Montrose Center. The the perpetrator; or 2) result in Jewish individuals or ADL collected statistical data on organizations being victimized anti-Semitism and the Montrose due to their Jewish or Center on sexual orientation/ perceived Jewish identity. Not gender identity. The data that every anti-Semitic incident each of these organizations tracked by ADL constitutes a collected were based on their hate crime; many incidents respective definition of HCHI. include non-criminal acts. ADL collects incidents from 5.4.1 Anti-Defamation private citizens, law 52 League–Southwest Region enforcement, social media, and traditional media. ADL is careful not to conflate general The ADL–SWR operates criticism of Israel or anti- under the overall mission of the Israel activism with anti- ADL “to stop the defamation of Semitism. However, Israel- the Jewish people, and to secure 53 related harassment of groups justice and fair treatment to all...” or individuals may be In line with the ADL mission, the included when the harassment ADL-SWR strives to handle incorporates traditional anti- “complaints of discrimination, Jewish references, accusations, racism and anti-Semitism, or conspiracy theories. We do monitor extremists and domestic include cases of Jewish religious or cultural terrorists, and work with many in institutions being picketed for the community, including law their purported support of

Israel.” [52] “The Southwest Regional office of the Anti-Defamation League (ADL) in Houston extends from El Paso on the west end of Texas to Beaumont on the east end, and all points Source: https://www.adl.org/ south. Major cities in the region include Houston, San Antonio, Corpus Christi, El Paso, and Beaumont.” https://southwest.adl.org/about/ [53] see https://www.adl.org

H A T E I N H O U S T O N P A G E 3 2 enforcement, to fight hatred in differences in numbers of hate- 54 all its forms….” motivated victimization reported by each entity. The ADL is a valuable resource for a variety of information on Despite the numerical differences hate-motivated victimization. in the FBI and ADL data, both However, when it comes to sources indicate high numbers of numerical data, the ADL is hate-motivated victimization focused on anti-Semitism, i.e., against Jews, specifically when hate-motivated victimizations compared with the FBI hate crime against Jews. data for other religious groups, 55 such as Hindus and Mormons Figure 7 below shows the Also, the percentage difference national data on anti-Semitic between the ADL numbers and the HCsHIs reported by the ADL and FBI numbers varies through all anti-Jewish hate crimes reported the years. For example, in 2013 by the FBI UCR for the period the ADL recorded 751 anti-Semitic 2009–2018. The graph indicates HCsHIs and the FBI recorded 625 that the FBI UCR numbers of anti-Jewish hate crimes, a anti-Jewish hate crimes may difference of 18%. In 2016, the undercount the actual numbers percentage difference between the of hate crimes experienced by ADL number and the FBI number the Jewish community was 72%. nationally. However, it is worth 56 noting that data collected by the Because the FBI reports sub bias ADL derive from its own motivations at the national level interpretation of victimizations only, it is not possible to gauge that constitute anti-Semitism. the extent of anti-Jewish sub-bias The ADL tracks all hate- and other religious motivated sub- motivated victimizations biases in Texas and in Houston. reported to the organization, The FBI hate crime data for including those that may not be 2008–2018 show that anti-Jewish categorized as a hate crime by bias has consistently ranked law enforcement. These highest in the national numbers of discrepancies in data collection hate crimes motivated by religious 57 methods by the ADL and the FBI bias. The highest was in 2009 are likely to contribute to during which hate/bias

[54] see https://southwest.adl.org/about/ [55] see FBI UCR Hate Crime Statistics, 2009 through 2019, https://ucr.fbi.gov/hate-crime [56] Sub-categories of the main bias categories. For example, religious bias is a main category. It includes anti-Hindu, anti-Mormon, etc., as sub-categories. [57] see FBI UCR Hate Crime Statistics, 2009 through 2019, https://ucr.fbi.gov/hate-crime.

H A T E I N H O U S T O N P A G E 3 3 Figure 7. Number of National Victimizations: Anti-Jewish Hate Crimes Reported by the FBI UCR & Anti-Semitic HCsHIs Reported by the ADL, 2009–2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; ADL, https://www.adl.org crimes against Jews made up unknown to the researcher. 58 70.1% of all religious motivated bias/hate crimes recorded that Data from the ADL shed some 59 year. At 51.3% in 2015, the figure light on anti-Semitic HCsHIs in for anti-Jewish hate crimes was Texas and in Houston. However, at its lowest in comparison to while the national data go back hate crimes recorded for other to 2009 (see Figure 7), the ADL forms of religious motivated data for Texas and Houston are bias. How these FBI national only available from 2016 on, as figures may be mirrored in shown in Figure 8 below. Texas and in Houston is

Figure 8. Number of Anti-Semitic Incidents in Texas and Houston Reported by the ADL, 2016–2019

Source: figures were derived from the ADL, https://www.adl.org

[58] see FBI (2010). 2009 Hate Crime Statistics, https://www2.fbi.gov/ucr/hc2009/index.html [59] see FBI (2016). 2015 Hate Crime Statistics, https://ucr.fbi.gov/hate-crime/2015

H A T E I N H O U S T O N P A G E 3 4 In numerical terms, the highest 5.4.2 The Montrose Center number of anti-Semitic HCsHIs in Houston and in Texas occurred in The Montrose Center primarily 60 2017. Thirty-four percent of the serves the LGBTQ communities. anti-Semitic HCsHIs in Texas in The organization’s mission 2017 occurred in Houston. In statement reads: 61 2016, 39% of all anti-Semitic cases of HCHI took place in Houston. In “The Montrose Center 2018 and 2019, Houston empowers our community, contributed 23% and 36%, primarily lesbian, gay, respectively, to the total numbers bisexual, transgender, and of anti-Semitic HCsHIs in Texas. queer individuals and their families, to enjoy healthier and It is unclear how the ADL more fulfilling lives.” numbers of anti-Semitic HCsHIs in Houston would compare to the And its vision statement reads: numbers of FBI UCR religious motivated hate crimes in Houston “We envision a healthier (see Figure 3). This is because the society marked by permanent, FBI UCR program does not positive changes in attitudes publish sub-bias motivations at and behaviors toward the the state and local levels. In 2016, LGBTQ communities, and the when the FBI recorded one ability of all LGBTQ religious motivated hate crime for individuals to realize their Houston, the ADL recorded nine fullest potential.” anti-Semitic incidents for the city. It is unknown which sub-religious The Montrose Center collects bias is represented in the one statistical data on violence against religious hate crime reported by the LGBTQ communities. The the FBI. In 2017 and 2018, the FBI organization is a member of the figures for religious bias in National Coalition of Anti- Houston were three and four, Violence Programs (NCAVP). The respectively. For the sub-religious NCAVP collates and publishes bias of anti-Semitism in Houston, annual reports with national the ADL recorded 20 in 2017 and information on hate violence nine in 2018. against LGBTQ communities based on data collected by local

[60] Lesbian, Gay, Bisexual, Transgender, Queer. Although member organizations in the Montrose Center targets the LGBTQ communities, it is open to victims of any hate/bias incident or crime. different parts of the U.S. [61] see http://www.montrosecenter.org/about/mission/

H A T E I N H O U S T O N P A G E 3 5 For the purpose of maintaining Box 10 consistency in data collection, the NCAVP provides its member …any act that an offender organizations with guidelines for commits against a person or a person’s property because of collecting data on anti-LGBTQ the offender’s bias towards or hate violence. Also, the NCAVP hatred for that person’s actual definition of hate violence may or perceived sexual orientation inform data collection by and/or gender identity and member organizations. In its expression…. This report 2009 report on hate violence discusses hate-motivated acts of violence, defined here as against LGBTQ communities, both verbal and physical the NCAVP gives its definition of attacks on people or property. anti-LGBTQ hate violence (see These include but are not Box 10, right). limited to “hate crimes,” a legal definition which refers to acts determined by law to be a Box 9 crime…. However, many acts of hate violence, such as hate speech, are not illegal, but may Mission of the NCAVP still have serious and traumatic impacts on the individuals who “The National Coalition of survive them, as well as their Anti-Violence Programs friends, families, and (NCAVP) works to prevent, communities….” respond to, and end all forms of violence against and within Source: NCAVP (2013), pp.11- 13. lesbian, gay, bisexual, transgender, queer, (LGBTQ), and HIV-affected An incident of violence does not communities. NCAVP is a have to be a crime for it to be national coalition of local categorized as a hate violence by member programs and the NCAVP. The NCAVP affiliate organizations who definition of hate violence is used create systemic and social 62 by the Montrose Center. Data change. We strive to increase that are collected by the Montrose power, safety, and resources through data analysis, policy Center primarily reflect hate advocacy, education, and based on gender identity and technical assistance.” sexual orientation. The chart

Source: NCAVP (2017, p.5) [62] Personal communication with a Montrose Center representative. At the Montrose Center, what matters is a client’s experience of violent victimization for being a member of the LGBTQ community. The incident does not have to be a crime.

H A T E I N H O U S T O N P A G E 3 6 below (Figure 9) shows aggregate However, the statistical data in numbers of hate violence based Figure 9 show trends in anti- on sexual orientation bias and/or LGBTQ hate violence in Houston gender identity bias reported by for the years captured. Following the Montrose Center. the consistent reporting of three to four anti-LGBTQ The Montrose Center or the victimizations in 2008, 2009, NCAVP did not report data on 2011 and 2012, there is a dramatic anti-LGBTQ hate violence in spike in reported victimizations Houston for the years 2010, 2016 in 2013 and 2014. The increase is and 2017. Based on the NCAVP attributed to the center’s school report on hate violence for 2010 outreach initiative and the and 2016, it seems the Montrose subsequent intake of high Center did not submit data for schoolers who were dealing with those periods. The NCAVP issues of gender identity and report for 2017 did not include sexual orientation bias in school. disaggregated data by local During these periods (2013 and membership. Therefore, it was 2014), the majority of the center’s 63 not feasible to determine if the clients were high school students. Montrose Center submitted data The number of reported anti- for that year. LGBTQ hate violence

Figure 9. Number of Anti-LGBTQ Hate Violence Victimizations in Houston Reported by the NCAVP/Montrose Center, 2008–2018

Source: figures were derived from the Montrose Center through personal communication, and from NCAVP (2009), (2010), (2011), (2012), (2013), (2014), (2015), (2016), (2017), (2018), https://avp.org/ncavp/

[63] NCAVP (2014), (2015).

H A T E I N H O U S T O N P A G E 3 7 victimizations for 2015 is also sexual orientation and/or gender significant at 22 incidents. This identity bias. Against these number dipped to nine in 2018. variations in the definitions of anti-LGBTQ victimizations, a Below, the NCAVP/Montrose significant difference in the Center anti-LGBTQ hate numbers of victimizations violence data for Houston are reported by the FBI and by the compared to the FBI data on NCAVP/Montrose Center would sexual orientation bias and be expected. However, this is not gender identity bias for this city. the case across the years covered The collection of data by the in Figure 10 below. NCAVP/Montrose Center is premised on its interpretation of Apart from the years 2013, 2014, anti-LGBTQ hate violence, 2015 and 2008, the respective which extends to non-criminal numbers of hate-motivated incidents of hate violence. In victimizations reported by the contrast, the FBI data are based FBI and the NCAVP/Montrose solely on hate crimes caused by show close similarities for the

64 Figure 10. Number of Anti-LGBTQ Victimizations in Houston: FBI UCR Data vs. NCAVP/Montrose Center Data, 2008–2018

Source: FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; the NCAVP, (2009), (2010), (2011), (2012), (2013), (2014), (2015), (2016), (2017), (2018), https://avp.org/ncavp/; and the Montrose Center through personal communication.

[64] The gender identity category was added to the FBI UCR in 2013. For Houston, the first recorded data on gender identity bias occurred in 2015 during which one hate crime was recorded. The figure for gender identity bias crimes for 2016 is two, two for 2017 and two for 2018. These figures are combined with the respective figures for sexual orientation bias in 2015, 2016, 2017 and 2018 to arrive at the figures in the chart for these periods..

H A T E I N H O U S T O N P A G E 3 8 other years. In 2012, the FBI and Houston is a reasonable the NCAVP/Montrose Center estimate of the number of anti- reported four hate-motivated LGBTQ hate crimes that victimizations, respectively. In occurred in this city in 2009, 2009 and 2018, the numbers 2012 and 2018, at least. Perhaps, reported by the FBI and the victims of anti-LGBTQ bias are NCAVP/Montrose Center differed likely to report their by one victimization for each year. victimization to law The closeness in the numbers enforcement, and their reported by these entities may victimizations are likely to suggest that the FBI figure for qualify as a hate crime.

6. ANALYSIS OF BEST PRACTICES FOR HATE CRIME DATA COLLECTION

At the start of the research project, Subsequently, the Metropolitan four city PDs outside of Greater Police Department (MPD, Houston were selected for best Washington, D.C.) and the practice analysis. These PDs were Woodbury City Police among the many city PDs in the Department (WCPD, New Jersey) country to record high numbers of were added to the list of possible hate crime, relative to the HPD, in ‘best practice’ examples. Both 65 the 2017 FBI hate crime data. cities, like many other cities in the The Austin Police Department U.S., had high numbers of hate (APD, Texas) and the Seattle Police crimes in 2017, relative to Houston. Department (SPD, Washington) were identified by HCAH as In 2017, Woodbury had a small examples of PDs to study for best population size of 9,970, and practice analysis vis-à-vis hate reported 33 hate crimes, according crime data collection. to the FBI UCR hate crime data.

[65] The 2017 hate crime data were the latest at the start of the research project.

H A T E I N H O U S T O N P A G E 3 9 This translates into a rate of 331 24.4 hate crimes per 100,000 hate crimes per 100,000 population). population. The other three cities had large population sizes, The 2017 hate crime numbers for relative to Woodbury, but had these four cities were a far cry lower rates of hate crimes in from the eight hate crimes 2017. Seattle recorded the recorded for Houston that year highest number of hate crimes in when the city’s population was Washington State, at 234 against 2,338,235 6 6 (a rate of 0.34 hate a population of 721,365 (a rate of crimes per 100,000 population). 32.4 hate crimes per 100,000 Hate crime data from previous population). Likewise, Austin/ years reported by the Austin, Travis County, with a population Seattle, D.C. and Woodbury PDs, of 971,949, recorded 18 hate especially the latter three PDs, crimes, the highest in Texas in show that these cities have 2017 (a rate of 1.9 hate crimes per reported higher rates of hate 100,000 population). The crimes than Houston (see Figure population of Washington D.C. 11 below and Appendix 1 for the (hereon, D.C.) stood at 693,972 in population of these cities over the 2017 and the city reported 169 11–year period). The assumption hate crimes that year (a rate of is that these PDs may be

Figure 11. Number of FBI UCR Hate Crimes for Houston, Austin (Travis County), Seattle, D.C. and Woodbury, 2008-2018

Source: figures were derived from the FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime/

[66] FBI (2018a). 2017 Hate Crime Statistics, https://ucr.fbi.gov/hate-crime/2017

H A T E I N H O U S T O N P A G E 4 0 responding to the issue of hate the legal standard of a hate crime. crimes in ways that are 68 productive in terms of victim/ In the “General Orders” issued 69 public reporting and data by the APD in February 2020, collection/recording practices. hate crime is recognized. The These PDs may provide lessons to definition of hate crime and the be learned for low or non- process of investigating this type reporting cities. of crime are among the issues described in the “General Orders.” Hate crime and hate incident data The APD adopts a definition of were sought from the Austin, hate crime that incorporates more Seattle, D.C. and Woodbury 6 7 PDs bias motivations than those in order to compare their prescribed in the federal internal numbers of hate crimes, definition. The APD’s and perhaps hate incidents, interpretation of a hate crime against the numbers of hate reads: crimes reported by the FBI UCR. The researcher collected the “An intentional criminal act internal data directly from the committed in whole or in part individual PDs and/or from their because of a bias or prejudice individual websites. The objective against a person or group's was to analyze the PDs’ hate (Tex. Code of Crim. Pro. art. crime data collection practices. 42.014): (a) Disability (b) Gender (c) National origin or 6.1 Austin Police Department ancestry (d) Race, ethnicity or (APD) and Its Hate Crime Data color (e) Religion (f) Sexual orientation (g) Age (h) Peace In addition to the numbers of Officer (i) Judge. 7 0 ” hate crimes for Austin reported by the FBI UCR program for This definition adds bias against Austin for the period 2008–2018, age, a judge and a peace officer the researcher sought information even though these biases from the APD about hate crimes are not on the list of federally that the APD might not have mandated biases. Perhaps, the reported to the FBI and about APD collects hate crime data hate incidents that did not meet based on these additional biases

[67] The WCPD did not respond to the researcher’s request for HCHI data. There were no HCHI statistical data on its website. Therefore, the WCPD is not included in the detailed best practice analysis. However, as indicated on its website, the WCPD has a designated LGBTQ police liaison (see https://woodburypd.com/). [68] Austin Police Department (2020), available on APD website. [69] The document is an update from 2019. [70] Austin Police Department (2020), p.424.

H A T E I N H O U S T O N P A G E 4 1 but would only submit to the FBI the FBI for the period 2008–2018 UCR program hate crime data and by the APD for the period that reflect the biases published 2014–2018. Apart from 2014 and by the FBI. Further, the hate 2018, there are variations in the crime information that the numbers of hate crimes reported researcher received directly by the FBI and by the APD. The 71 from the APD did not contain 2015 discrepancy may be data on bias motivations based attributed to the recording of a on age and status (i.e., peace new hate crime by the APD after office and judge). Only the biases the FBI data submission deadline mandated by federal law were for that year. The discrepancies included. In addition, there were in the 2016 and 2017 figures may no indications that the APD be the outcome of oversight in collected data on hate incidents. updating internal records. The chart below (Figure 12) shows the numbers of hate The specific figures for the bias crimes for Austin reported by motivations in the chart were

Figure 12. FBI UCR Hate Crimes for Austin, 2008-2018; APD Hate Crimes for Austin, 2014–2018

Source: the bias motivation and the total FBI figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; the APD figures for 2014, 2015, 2016, 2017 and 2018 were received from the APD through personal communication. Note: From 2008-2014, the category race/ethnicity/ancestry did not exist. Instead, there were two separate categories: Race, Ethnicity. The combined race/ethnicity/ancestry category was introduced in 2015. For the purpose of this report, the 2008–2014 figures for race/ethnicity/ancestry category are the race figure and the ethnicity figure combined. Gender and gender identity categories did not exist in FBI UCR Hate Crime Statistics from 2008–2012. They were introduced in 2013.

[71] The hate crime data received from the APD were from 2014–2018.

H A T E I N H O U S T O N P A G E 4 2 derived purely from the FBI UCR 2017, it was not in first place in hate crime data. The data show terms of the prevalence of hate that race/ethnicity/ancestry is crimes in Texas. At a rate of 1.85 the major bias motivating factor hate crimes per 100,000 for a hate crime for most of the 11 population in 2017, Austin had a years. In second place for most of hate crime rate that was lower the years is sexual orientation, in than the rate for some cities in third place is religion, and in Texas, such as Longview (7.29 per fourth place is gender identity. 100,000 population) and Seven This order of bias motivations Points (136.8 per 100,000 72 for a hate crime resembles the population). In 2018, despite the pattern in Houston and in Texas slight increase from 2017 in the (see Figure 3 above and Table 4 number of FBI UCR hate crimes above). From 2008–2018, no for Austin, the city had gender bias-motivated hate a lower number and/or rate of crime was reported by the APD hate crimes than several cities in and only one disability bias- Texas, including Dallas, motivated hate crime bias was Plainview, Fort Worth, and reported. Freeport. 73

Based on the FBI data in Figure While these observations of 12, the APD does not have a relatively low hate crime rates for history of reporting significant Austin may raise questions about numbers of hate crimes, more so victim/public reporting and APD when consideration is given to the recording of hate victimizations, city’s population size across the the APD has some examples of years (see Appendix 1). After best practices in hate crime data reporting 19 hate crimes to the collection. Lessons can be learned FBI UCR in 2008, the numbers of from the quality of hate crime reported hate crimes in data collected by the APD. In subsequent years plummeted addition to numbers of hate until 2016, 2017 and 2018 when crimes and types of bias Austin reported 19, 18 and 19 hate motivations, the APD collects data 74 crimes, respectively. on sub-bias motivations, type of offense, date of hate crime, Although Austin had the highest number of victims and offenders number of hate crimes in Texas in and their age status, and the race/ethnicity of the offender.

[72] In 2017, Longview had six hate crimes and a population of 82,303; Seven Points had two hate crimes and a population of 1,462. [73] see FBI (2019), Hate Crime Statistics, https://ucr.fbi.gov/hate-crime/2018 [74] e.g., anti-Gay and anti-Hispanic.

H A T E I N H O U S T O N P A G E 4 3 6.2 Seattle Police Department (SPD) and Its HCHI Data Box 11

The SPD has data collection A person is guilty of a “hate policies and practices that crime offense” (per RCW provide useful lessons to 9A.36.080) or “malicious be learned. The agency has a harassment” (per SMC Bias Crime Unit designated to 12A.06.115) if, because of his bias crimes. Additionally, its or her perception of another person’s: website stores a range of race, color, religion, valuable information on bias ancestry, national origin, crimes, including the definition gender, sexual orientation, of hate crime, annual or monthly gender expression or statistical data and reports on identity, or mental, bias crimes, and procedures for physical, or sensory reporting and responding to bias disabilities (felony) crimes. Much of the hate crime homelessness, marital information that the researcher status, political ideology, requested from the SPD was age, or parental status 75 available on its website. (misdemeanor), he or she maliciously and intentionally commits at least The SPD hate crime data one of the following acts: collection procedures are guided causes physical injury to by the federal definition of hate another person. crime as well as the state causes physical damage to (Washington) and city (Seattle) or destruction of the definitions of hate crime. In property of another addition to the biases protected person. under the federal definition of by threat, places another hate crime, there are other person in reasonable fear of harm to his or her biases that are prohibited by the 76 person or property or to City of Seattle. They are: the person or property of Homelessness a third person. Marital Status Age Source: Seattle Police Parental Status Department (2020). Political Ideology

[75] Other additional data were provided to the researcher through personal communication. [76] Only the biases that meet the federal definition of hate crime are submitted to the FBI UCR. Data on other biases are for state and city use

H A T E I N H O U S T O N P A G E 4 4 As reflected in these additional In addition to malicious bias motivations, the SPD harassment, the SPD collects data recognizes the possibility of on two other categories of bias- variations in how jurisdictions or motivated victimization: crime states define hate crime. For with bias elements, and bias example, alongside the term hate incident. Both are defined in Box crime, the SPD uses the terms 12 below. By collecting data across bias crime and malicious these three categories, the SPD harassment. These three terms invariably collects data on both 77 are used interchangeably. hate crimes and hate incidents. However, malicious harassment is used as the statutory term for Although the SPD collects data crimes that come under bias or across these three categories – 78 hate crime. In the Seattle Police malicious harassment, crime with 79 Department Manual, hate crime bias elements, and bias incident – or malicious harassment is the hate crime data that the defined (see Box 11 above). department submits for the purpose of the FBI UCR reporting are separate from the data that Box 12 inform the three categories of HCsHIs. This is because the SPD Crime with bias elements: has two separate datasets for An event in which a crime is hate/bias-motivated committed that is not bias- victimizations, and each dataset is based and during the incident guided by a different set of data the suspect uses derogatory language directed at the collection and recording victim’s protected standards. One dataset is used status or group. externally for FBI UCR hate crime data reporting. Data for this Bias incident: dataset are recorded and reported Offensive derogatory according to FBI standards. The comments directed at a other dataset, composed of the person’s sexual orientation, above-mentioned three categories race, or other protected status of HCsHIs, is for internal SPD which cause fear and/or use. The dataset also includes concern in the targeted two additional biases: political community during a non- criminal incident. ideology and homelessness. These

Source: Seattle Police [77] see https://www.seattle.gov/police/ Department (2020). [78] see https://www.seattle.gov/police/ [79] At the time of research, the latest revision was dated 04/01/2020.

H A T E I N H O U S T O N P A G E 4 5 Figure 13. FBI UCR Hate Crimes for Seattle, 2008-2018; SPD HCsHIs for Seattle, 2012–2018

Source: The FBI figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; the SPD figures for 2012, 2013, 2014, 2015, 2016, 2017 and 2018 were derived from the SPD website https://www.seattle.gov/police

biases are not included in the The SPD annual totals shown in FBI UCR hate crime program. Figure 13 are a combination of Because of the differing SPD malicious harassment, crimes datasets and standards for with bias elements and non- data collection, the FBI hate criminal bias incidents based on crime numbers for Seattle differ race, ethnicity, religion, gender, from the numbers of HCsHIs disability, sexual orientation, reported by the SPD. gender identity, multiple 80 categories, political ideology As Figure 13 above shows, the and homelessness (see Figure 14 FBI hate crime data are below). In contrast, the FBI compared with the SPD HCHI annual totals are drawn from hate data. The SPD data are available crimes reported to the FBI UCR 81 from 2012. The FBI hate crime program by the SPD based on data for Seattle from 2008–2018 the FBI criteria for collecting and show that this city, with a few reporting hate crime data. exceptions, has reported a steady annual increase in hate crimes.

[80] Include two or more biases. [81] The hate crime data submitted for FBI purposes and the SPD data for malicious harassment overlap considerably even though the totals will never be equal due to the differences in data collection for FBI UCR and for SPD internal use.

H A T E I N H O U S T O N P A G E 4 6 Figure 14. . Number of SPD HCsHIs: Malicious Harassment, Crime with Bias Elements, and Non-Criminal Bias Incident, 2012–2018

Source: The figures were derived from the SPD website: https://www.seattle.gov/police

Although the SPD collects data Table 6 below shows the on offenses motivated by numerical contributions of political ideology bias and political ideology bias and homelessness bias, these do homelessness bias to the annual not seem to have contributed number of HCsHIs reported by significantly to the total numbers the SPD for the period 2012– of HCsHIs recorded by the SPD. 2018. However, there was a significant increase in the number of The SPD data on homelessness HCsHIs motivated by and political ideology biases are homelessness bias in 2018. insightful in that they illustrate

Table 6. Number of SPD HCsHIs, & Number of Political Ideology Bias and Homelessness Bias, 2012–2018

Source: The figures were derived from the SPD website: https://www.seattle.gov/police

H A T E I N H O U S T O N P A G E 4 7 that HCHIs are not restricted to The MPD uses the terms hate the biases prohibited by the FBI crime and bias-related crime UCR program. The SPD 2012– interchangeably. In the MPD, 2018 data also show that in the the determination and aggregate, there were more classification of a criminal victimizations motivated by victimization as a hate crime homelessness and political involves a team effort of a panel ideology biases than there were made up of several units in the victimizations based on gender MPD: Special Liaison Branch, 82 bias and disability bias. The Strategic Change Division, SPD internal dataset seems to Criminal Investigations Division offer a comprehensive picture of and Intelligence Branch. hate-motivated victimizations in Seattle. In addition to data on The MPD has a webpage that is numbers of HCsHIs and types of dedicated to information on bias motivations (including 83 sub-bias motivations, ) Box 13 the SPD internal dataset captures data on the geographical location “Under the Bias-Related Crime of HCHI by precinct and Act of 1989 (D.C. Official neighborhood. Also, it collects Code § 22-3700 et. seq.), A data on type of HCHI, bias hate crime is a criminal act 84 category, and the race and that demonstrates an accused’s prejudice based on gender of the perpetrator of the actual or perceived race, HCHI. color, religion, national origin, sex, age, marital 6.3 Metropolitan Police status, personal appearance, Department (MPD) and Its Hate sexual orientation, gender Crime Data identity or expression, family responsibility, homelessness, Best practice lessons can be physical disability, learned from the MPD in matriculation, or political relation to its hate crime data affiliation of a victim.” collection and reporting policies Source: MPD. (n.d.). 2018 and practices, all of which are 85 MPD Annual Report, p.42. available on the MPD website.

[82] From 2012–2018, there were aggregate totals of 12 gender bias HCsHIs and 10 disability bias HCsHIs [83] Such as types of racial groups, religion, disability and sexual orientation. [84] i.e., malicious harassment, crime with bias elements, and bias incident. [85] https://mpdc.dc.gov

H A T E I N H O U S T O N P A G E 4 8 Figure 15. Number of Hate Crimes for Washington D.C.: FBI UCR Data vs. MPD Data

Source: The FBI figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; the MPD figures were derived from the MPD website: https://mpdc.dc.gov/hatecrimes hate crimes, including the D.C. MPD (for its internal use) and by 86 definition of hate crime, the FBI UCR. (see Figure 15 procedures for hate crime above). Further, the FBI and the reporting, and annual statistical MPD numbers of hate crimes that data and reports on hate crimes. are motivated by traditional The D.C. definition of hate/bias- biases are likely to differ because related crime (see Box 13 the MPD definitions and practices above) encompasses biases comply with the D.C. statute, beyond those allowed under the which differs from the FBI UCR FBI definition of hate/bias definitions.87 crime. However, political affiliation bias and homelessness Like Seattle, political affiliation bias are the only nontraditional bias and homelessness bias have biases that are reported on the not contributed significantly to MPD website. The inclusion of the total numbers of hate/bias- these biases in the internal MPD related crimes reported by the hate crime data introduces some MPD (see Table 7 below), but discrepancies in the numbers of each has an aggregate 11–year D.C. hate crimes reported by the total that is higher than the

[86] The internal MPD hate crime figures are likely to be higher than the FBI UCR figures received directly from the MPD or from a state agency. See MPD annual report 2010, & 2018. [87] see MPD annual report 2010 & 2018

H A T E I N H O U S T O N P A G E 4 9 89 Table 7. Number of MPD Hate/Bias-Related Crimes, & Number of Political Ideology Bias and Homelessness Bias, 2008–2018

Source: The figures were derived from the MPD website: https://mpdc.dc.gov/hatecrimes aggregate totals for hate crimes motivated by gender bias and 88 disability bias, respectively. The MPD data also show a significant increase in the numbers of hate crimes motivated by political affiliation bias in 2017 and 2018.

There are no indications on the MPD website that this police department collects data on non-criminal hate-motivated victimizations. The MPD hate crime information goes beyond the annual numbers of hate crimes and bias motivations to include data on date and time of offense, type of offense involved, target group of the bias in some cases (e.g. racial/ethnic, gender and religious groups), and the district and block location of the hate crime. 91

[88] From 2008–2018, there were aggregate totals of 0 gender bias hate crimes and 4 disability bias hate crimes. [89] The MPD cautions that “All figures are subject to change if new information is revealed during the course of an investigation or prosecution.” Metropolitan Police Department (n.d.). 2018 Annual Report, p.24. [90] Homelessness was not on the list of biases in 2008, 2009 and 2010. [91] The website does not contain data on the perpetrators of hate crimes.

H A T E I N H O U S T O N P A G E 5 0 7. CONCLUSIONS, SUMMARY OF FINDINGS, AND RECOMMENDATIONS

Based on hate crime data reported hate crimes motivated by anti- by the FBI UCR and the TDPS for Jewish bias and by sexual the period 2008–2018, the orientation and/or gender numbers of hate crimes in the identity bias. U.S., Texas and Houston fluctuated over the 11–year A variety of explanations for the period. While hate crimes relatively low numbers of hate decreased nationally from 2008– crimes published by the FBI 2018, they increased in Texas and UCR can be gleaned from this decreased in Houston during the report. Overall, the explanations same period. In 2018, the national underline one or two overarching rate of hate crimes stood at 2.32 issues: (1) victim/public per 100,000 population. In the underreporting, and (2) LEA same year, the rate of hate crimes under-recording/no recording of for Texas was lower at 1.63 per hate crimes. Whether an HCHI is 100,000 population and much reported or recorded, who reports lower for Houston at 1.09 hate or records, to whom it is reported, crimes per 100,000 population. and why and how it is reported and recorded are examples of key Findings from the NCVS have variables that can influence the shown that the numbers of hate existence or non-existence of data crimes reported by the FBI UCR on hate crimes. program underestimate the extent of hate crimes in the country. During the research study, data Data from the ADL and the on HCsHIs in Houston and in Montrose Center/NCAVP, Greater Houston were sparse or although inclusive of non- absent. Relatedly, some of the criminal hate incidents motivated LEAs and CBOs that were by anti-Semitic bias and anti- contacted for HCHI data were LGBTQ bias, respectively, draw unresponsive to the researcher’s attention to the possibility that request for data. These were the FBI UCR hate crime data major drawbacks that may suggest underestimate the numbers of that Houston and its surrounding

H A T E I N H O U S T O N P A G E 5 1 areas did not have a HCHI crimes decreased by 9% from problem, or that victimizations 2008 to 2018. were underreported and/or under-recorded. There is low reporting of hate crimes in Houston and its However, findings from this study surrounding areas. From 2008– provide various perspectives for 2018, the numbers of hate interpreting the low numbers crimes reported each year are of hate crimes for Houston and surprisingly low for a city with a the overall dearth of HCHI data population of over two million. for Houston and its surrounding Several cities, such as Tomball areas. (Harris County), with a smaller population size than Houston 7.1 Summary of Findings have shown evidence of a higher hate crime rate than Houston. State and local law enforcement agencies are not Many cities in Harris County required to submit hate crime reported zero hate crimes over data to the FBI hate crime the 11–year period (2008–2018). data collection program. This pattern of reporting does Submission of hate crime data not align with findings from the by state and local law National Crime Victimization enforcement agencies to the Survey (NCVS), which show FBI is voluntary. Some cities in that hate crimes are largely the Greater Houston undercounted, thus suggesting Metropolitan area submitted that non-reporting of hate hate crime data to the FBI crimes does not automatically sporadically over the 2008– mean that hate crimes do not 2018 period. However, the exist. HPD maintained a consistent hate crime data submission to From 2008–2018, the most the FBI during the 11–year common bias motivating factor period. for a hate crime in Houston was race/ethnicity/ancestry. This In 2018, reported hate crimes finding is the same at the in Houston decreased by 11% national level and in Texas from 2008. In contrast, over where race/ethnicity/ancestry the 11–year period, hate crimes was the primary motivation for in Texas increased by 85% from a hate crime during the 11–year 2008 to 2018. Nationally, hate period. The second and third

H A T E I N H O U S T O N P A G E 5 2 most common motivating factor Data discrepancies exist in hate was either religion or sexual crime numbers reported by the orientation. HPD, the Texas Department of Public Safety (TDPS) and the The HPD does not collect data FBI. Typically, the HPD and on hate incidents, i.e., hate- other participating law motivated victimizations that enforcement agencies in Texas do not rise to the level of a submit their hate crime data to crime. Only criminal offenses the TDPS, which the TDPS that are determined to be subsequently submits to the FBI. motivated by hate are Over the 11–year period, there recorded as hate crimes by the were some discrepancies in the HPD. Alleged hate-related hate crime numbers for offenses that are later Houston reported by the HPD, determined to be non-criminal the TDPS and the FBI. are processed as traditional offenses. There were no For the period 2008–2018, indications that other law there were instances of data enforcement agencies in the discrepancies in the respective Greater Houston Metropolitan FBI hate crime data for Seattle, area that were included in this Washington, D.C. and Austin research study collected data (Travis County) and the data on hate incidents. reported by the Seattle Police Department (SPD), Hate crime data reported by Metropolitan Police the HPD are limited to the Department – D.C. (MPD) and number of victimizations and Austin Police Department (APD) bias motivations. Other than for the respective cities. the total numbers of hate There are variations in how crimes and their breakdown hate crime is defined at according to bias motivation, 92 federal, state and municipal the HPD did not report on levels. Although the federal other elements of hate crimes, definition of hate crime sets such as type of offense, where the tone for how hate crime the offense occurred, and should be defined across offender/suspect and victim jurisdictions, some states and information.

[92] On the HPD website or to the researcher

H A T E I N H O U S T O N P A G E 5 3 municipalities have their own express comparable sentiments, definitions. Texas, Washington the use of hate crimes and bias and Washington, D.C. have crimes interchangeably may be state-specific definitions of hate misleading and may affect law crime. The City of Austin enforcement perceptions of (Travis County) also defines hate crime data collection. hate crime somewhat differently. In these instances, The SPD, MPD and APD, in although the respective differing ways and degrees, definitions share the basic demonstrate sound practice tenets of the federal definition approaches to collecting hate in terms of prohibiting a crime data. The SPD collects a criminal offense that is wide range of data on both motivated by hate against hate crimes and hate incidents certain social groups, they show (HCsHIs), including offender differences in phraseology or demographic, and the definitional scope. Such geographic location of variations may shape how hate victimization by precinct and crime data are collected by neighborhood. The MPD individual law enforcement collects detailed information agencies for submission to the on hate crimes, including FBI hate crime data collection offense type, and the district program. and neighborhood location of hate crime victimization. The Hate crime is also termed bias APD hate crime data collection crime in the federal includes information on definition. However, other law offense type. There were no enforcement agencies may indications that the APD and define those two terms the MPD collected data on hate differently. The term hate incidents. crime is used interchangeably with bias crime in the federal It is worth mentioning that many definition of hate crime. The community-based organizations SPD and the MPD use both (CBOs) in Houston may not be terms interchangeably. While adequately conversant with the the term bias crime is used federal, state or local definition sparingly on the APD (Travis of hate crime, or the appropriate County) website, the term hate responses to HCsHIs. crime is used consistently by Nonetheless, two Houston-based the HPD. Considering that the CBOs have shown that CBOs can words ‘bias’ and ‘hate’ do not play a pivotal role in HCHI data

H A T E I N H O U S T O N P A G E 5 4 collection. This is evidenced in are made in the interest of the the following findings: HPD, other local LEAs, and CBOs in Houston and beyond.

The Anti-Defamation League 7.2.1 Victim/Public Reporting (ADL) collects statistical data of HCHI Victimization on HCHI victimizations

motivated by anti-Semitism. Most crimes that are known to Data from the ADL, from the police were reported by 2009–2018, show that the FBI members of the public, hate crime data on anti-Jewish including crime victims. This bias in Houston may fact shows that the public play a undercount the actual numbers fundamental role in crime of hate crimes against Jews. control through the reporting of

crimes to law enforcement. The Montrose Center collects Public reporting of hate crimes statistical data on and incidents is crucial. victimizations against the 93 However, this report has shown LGBTQ community. Data that for the period 2008–2018, from the Montrose Center there were low or zero numbers show that, for some of the of reported hate crimes in years covered in the HCAH cities in Harris, Austin, study, the FBI hate crime data Chambers, Fort Bend and on the LGBTQ community in Montgomery counties. The Houston may have possibility that the numbers (or underestimated the actual lack of) underestimate the numbers of hate crimes against presence of hate crimes in those this group. cities is supported by the NCVS 7.2 Recommendations findings noted in this report. This is particularly relevant to It is against the background of Houston considering its large the study findings that this population size across the 11– report makes recommendations year period. It is recommended to develop new, or improve on that efforts to tackle HCsHIs existing, practices for tackling would benefit from dedicated HCsHIs within and outside of and consistent police Houston. The recommendations community partnerships for the purpose of encouraging and

[93] Lesbian, Gay, Bisexual, Transgender, Queer. Although the Montrose Center targets the LGBTQ communities, it is open to victims of any hate/bias incident or crime.

H A T E I N H O U S T O N P A G E 5 5 supporting community the various social groups reporting of HCHI protected under the hate victimizations. To facilitate this crime legislation. process, the researcher recommends: A community outreach initiative is likely to build That the LEA create a well- or enhance community resourced hate crime unit that trust and confidence in the includes a designated police and invariably boost community outreach community willingness to representative for HCHI report an HCHI victimizations, who receives victimization to the police. regular specialized training on matters of diversity and HCHI. The community outreach models utilized by the That the LEA organize regular MPD and the SPD are community outreach to bring worth considering for best awareness to the issue of practices in that their HCsHIs, including the community outreach definition of HCHI, the initiatives may have protocols for reporting HCsHIs contributed to the to the police, and how the relatively high numbers of police and the criminal justice hate-motivated system respond to HCsHIs. It victimizations that these is possible that many people PDs have reported over do not know that there is not a the years. separate crime known as hate crime. They may not know The Special Liaison that a hate crime occurs only Branch of the MPD adopts when the commission of a a community policing traditional offense is proved to approach and has units be motivated by one or more whose primary of the federally mandated responsibility is to provide biases. outreach to historically underserved communities That community outreach be such as the Deaf and Hard carried out proactively by the of Hearing, interfaith, LEA in partnership with CBOs LGBTQ+, African, Asian, and that the community and Latino communities. awareness outreach include

H A T E I N H O U S T O N P A G E 5 6 Members of the community That CBOs make their sometimes notify the Special organizations a safe place Liaison Branch of possible for victims to report hate/bias-related crimes in experiences of HCsHIs. their community. For the purpose of The SPD has a seemingly community outreach, in dedicated initiative, the Safe partnership with the LEA, Place program, that was that each CBO have a created to focus specifically on designated representative addressing hate/bias crimes who would be required to against the LGBTQ receive specialized community. Having learned training on matters of from the SPD Safe Place HCsHIs and diversity. program, the Austin (Travis County) PD has established its Each CBO website will own Safe Place program to benefit from a designated assist victims of hate crimes. webpage for useful HCHI information and That the LEA create a resources, including a link community friendly and easily to relevant CBOs and accessible webpage that is LEAs. specifically dedicated to HCHI victimization; that the That finally, an HCHI webpage shows a direct link to victimization survey of a variety of information and Houstonians be conducted resources for victims, in order to assess including links to CBOs that community knowledge, the LEA partners with to understanding and combat HCsHIs. On the awareness of HCsHIs, and webpage, procedures for to measure the extent of reporting and investigating HCsHIs in Houston in HCHI victimizations need to comparison to the HPD be made available in the records of hate crimes. In languages most represented in order to gather in-depth the city. information on HCsHIs in Houston, the victimization For best practices, the SPD survey could use the NCVS and the MPD have a model as a guide. dedicated and informative webpage on hate-motivated victimization, respectively.

H A T E I N H O U S T O N P A G E 5 7 7.2.2 Improvement of Hate 2018 period. For the LEAs that Crime Data Collection Strategy submitted hate crime data across the 11–year period, most The reporting of hate crime reported zero hate crimes. Few data by LEAs for the purpose of reported one or more hate the FBI UCR program is based crimes during this period. on FBI standards. However, While the HPD was consistent different states and jurisdictions in submitting hate crime data may have their own definitions across the 11 years, the numbers of hate crime, which may guide were low relative to the annual their methods of hate crime populations of Houston. data collection for the FBI UCR program. For example, the In order to make reasonable collection of hate crime data by estimates of the prevalence of the SPD and the MPD is guided HCsHIs in Houston and in by their respective state and/or Greater Houston, etc., there is a city statutes as well as by the need for improved hate crime FBI standards. This approach is data collection policies and reflected in the differences in practices. The researcher the numbers that these PDs recommends that: report internally versus the numbers that they submit to the A national legislative FBI UCR program. mandate be passed to require state and local LEAs Further, state and local LEAs are to collect and report hate not required to participate in crime data, including zero the FBI UCR hate crime hate crimes, to the FBI UCR program. In effect, many LEAs program annually; and that may minimize the seriousness the mandate be of hate crime, including its accompanied by appropriate definition and the expected role federal resources, including of LEAs in data collection. training and funding, to support LEAs. Given the voluntary nature of hate crime data submission, There is consistency in there were LEAs in Harris, annual hate crime data Austin, Chambers, Fort Bend reported by the LEA, the and Montgomery counties that state UCR (or its equivalent) made irregular hate crime data and the FBI UCR alike. Data submission across the 2008– discrepancies across these

H A T E I N H O U S T O N P A G E 5 8 agencies may be caused by Keeping a record of both technical differences in data criminal and non-criminal recording and reporting among victimizations, at least for the three agencies. However, the purpose of internal use there is a heavy reliance on within the LEA, may relieve crime data for research and police officers of some of policymaking, etc. Where the pressure associated with discrepancies in hate crime establishing hate motivation data for a city exist or when in a criminal offense. such discrepancies are expected to occur, that the LEA and the The collection of data on all state UCR (or its equivalent) HCHI victimizations will need to include in their annual give recognition to public report a statement to community concerns about explain the discrepancies – such behaviors, better potential or actual. inform public experiences and perceptions of HCsHIs, The LEA expand the scope of its help the LEA and CBOs ‘hate’ data collection to include identify priority areas for non-criminal activities and community outreach, and therefore collect data on all increase public trust in the alleged hate-motivated LEA for taking all hate/bias- victimizations, regardless of related matters seriously. whether they meet the statutory definition of a hate crime. The Law enforcement agencies criminal and non-criminal (i.e., may consider collecting data HCHI) victimizations could be on additional bias separated into different motivations, such as age vis- databases. à-vis the elderly. Currently, six statuses are protected by Currently, the federal the federal hate crime definition of hate crime legislation. However, state restricts LEAs to specific and municipal statutes can hateful behaviors and prohibit additional bias bias motivations. These motivations that would allow restrictions limit LEAs to collect data on HCHI information on the victimizations based on the extent of HCsHIs across additional bias motivations. jurisdictions.

H A T E I N H O U S T O N P A G E 5 9 For a best practice approach In varying degrees, Austin to data collection on criminal PD, SPD and MPD collect and non-criminal bias- these types of data, which motivated victimization, the have positive implications SPD offers a promising model for research, policy and through its three categories of practice. bias-motivated As previously indicated in victimizations, namely: section 7.2.1 above, it is malicious harassment, crime important for the LEA with bias elements, and bias website to have a webpage incident (see section 6.2). that: serves as a storage The SPD and the MPD space for information collect data on two about HCHI victimization; additional bias motivations: contains statistical data on homelessness and political HCHI victimizations, affiliation/ideology (see including the types and sections 6.2 & 6.3). geographic locations of the The LEA expand the scope of HCsHIs and the its HCHI data collection to demographic include information on the characteristics of the characteristics of the victims and the perpetration of HCHI. These perpetrators of HCsHIs; could include the type of and stays active and HCHI, the geographical current. location of the HCHI, and SPD and MPD have a demographic information hate/bias crime dashboard about the perpetrator and the that contains extensive victim of HCHI, such as information on hate/bias race/ethnicity, gender, crimes. Both PDs update religion, sexual orientation their data on a regular and age. These are useful for basis and the data are identifying the most common easily accessible to the or prevalent HCsHIs as well as public. These activities identifying communities and illustrate best practices in locations in need of transparency and monitoring and resources. accountability in hate crime and/or hate incident data collection.

H A T E I N H O U S T O N P A G E 6 0 Patrol officers receive example, in receiving a report of regular specialized training a hate-motivated victimization, on HCsHIs and diversity, it is important that the CBO particularly as they relate to ensures that the same the identification and victimization had not been reporting of an alleged reported to the LEA or to HCHI. Patrol officers are another CBO. most likely to be the first law The above recommendation enforcement agents to calls for a dedicated and identify a potential HCHI. consistent LEA–CBO Therefore, their training on partnership with an the uniqueness and overarching purpose of complexity of HCHI, relative collecting HCHI data based on to traditional crimes, is set statutory standards and imperative. guidelines. This CBO task of

data collection would require As recommended in section regular consultations or 7.2.1 above, CBOs engage in meetings with the LEA. community outreach on HCsHIs and serve as a safe On a more general note, place for HCHI reporting by consistency be applied to members of the public, the definition of hate crime including victims; and that across states and both activities be carried out jurisdictions. Despite the in partnership with the LEA. existence of a federal Because CBOs are likely to definition of hate crime, collect data on alleged there may be states and HCsHIs, it is advised that municipalities that have the designated adopted a hate crime representative receives definition that somewhat regular specialized training deviates, in language and on how to identify, record scope, from the federal and respond to HCsHIs. definition. Approaches to Data collected will be data collection across police reported to the LEA for agencies are likely to be further processing while influenced by how taking the necessary steps to jurisdictions define hate avoid data duplication. For crime. Ultimately, this might impact the types and

H A T E I N H O U S T O N P A G E 6 1 numbers of hate crimes that bias does not equate to hate. are submitted to the FBI. Hate is a strong emotion that Definitional consistency is minimized when hate is seems imperative. expressed to mean the same as bias. It is also recommended that the term hate crime not be Finally, in order to used interchangeably with bias supplement the findings crime principally because the from this exploratory words “hate” and “bias” research study, a qualitative connote different emotions. A interview be conducted with person who is biased toward a the HPD, APD, SPD, MPD, group of people may not be and a sample of LEAs in hateful toward that group. Greater Houston. Although bias precedes hate,

H A T E I N H O U S T O N P A G E 6 2 APPENDICES

Appendix 1. Number of FBI UCR Hate Crimes, 2008-2018; Population of Houston, Austin (Travis County), Seattle, D.C. and Woodbury, 2008-2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime/

94 Appendix 2. Community-Based Organization Members of HCAH

[94] Refers to HCAH members at the time of data collection

H A T E I N H O U S T O N P A G E 6 3 Appendix 3. Categories and Subcategories of Hate Crime Bias Motivations

Source: https://www.fbi.gov/services/cjis/ucr/hate-crime

Appendix 4. Population of Houston, and Austin, Chambers, Fort Bend and Montgomery Counties, 2008-2018

Source: for Houston, figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a), (2019), https://ucr.fbi.gov/hate-crime; for the four counties, figures were derived from https://www.dps.texas.gov/administration/crime_records/pages/crimestatistics.htm

H A T E I N H O U S T O N P A G E 6 4 Appendix 5. Population of Houston and Other Cities in Harris County, 2008-2018

Source: figures were derived from FBI UCR Hate Crime Statistics (2009), (2010), (2011), (2012), (2013), (2014), (2015b), (2016), (2017), (2018a,) (2019), https://ucr.fbi.gov/hate-crime

[95] No population information is recorded for cities that did not participate in hate crime reporting in a given year.

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______(n.d.) Crime in Texas 2018. Retrieved from: https://www.dps.texas.gov/crimereports/

U.S. Bureau of Census. (n.d.). American community survey data. Retrieved from: https://www.census.gov/programs- surveys/acs/data.html

H A T E I N H O U S T O N P A G E 6 7 ABOUT THE RESEARCHER/AUTHOR

Anita Kalunta-Crumpton holds a PhD in criminal justice from Brunel University London, United Kingdom. She has taught at a few universities in England, United Kingdom. At present, she is Professor of Administration of Justice at Texas Southern University.

Dr. Kalunta-Crumpton’s research focuses primarily on race/ethnicity, crime and criminal justice; drug use and drug trafficking; violence against women; and comparative criminology/criminal justice. She has published extensively in a variety of publication outlets. She is the author of Race and Drug Trials: The Social Construction of Guilt and Innocence (1999), Drugs, Victims and Race: The Politics of Drug Control (2006), and editor (with Biko Agozino) of Pan-African Issues in Crime and Justice (2004).

Dr. Kalunta-Crumpton is also the editor of Race, Crime and Criminal Justice: International Perspectives (2010), Race, Ethnicity, Crime and Criminal Justice in the Americas (2012), Pan-African Issues in Drugs and Drug Control: An International Perspective (2015), and Violence Against Women: Global Perspectives (2019).

Through her engagement with community issues in Houston and its surrounding areas, Dr. Kalunta-Crumpton puts her academic and research interests into practice.

H A T E I N H O U S T O N P A G E 6 8 515 Post Oak Blvd. Suite 1000 Houston, Texas 77027

832-224-6219 [email protected] www.houstonagainsthate.org