What constitutes a hate crime?

If you're Michigan Attorney General Dana Nessel, it's pretty clear. When a crime victim is targeted because of their race, religion, gender or ethnicity, that rises to the level of a hate crime that becomes subject to additional charges and enhanced penalties upon conviction.

For Republicans on the state Senate Oversight Committee, the definition is more unclear, particularly if hateful speech is interpreted as a reason to pursue a hate crime.

The differences came to light Tuesday when committee chairman Sen. Ed McBroom, R-Vulcan, asked Nessel to explain and justify the need for the newly created Hate Crimes Unit in the Attorney General's Office.

The need for the unit is pressing, Nessel said, because hate crimes are on the rise across the nation and in Michigan, according to statistics from the FBI.

"There’s been a 30% increase in the number of hate crimes in this state," she said. "With us being the fifth highest in the country in the number of hate crimes, I thought it was necessary to create a specialized unit to tackle this problem head on."

FBI statistics released in November show that there was an increase in hate crimes in Michigan for the second year in a row. There were 456 hate crimes in Michigan in 2017, up from 399 reported hate crimes in 2016 and 309 reported hate crimes in 2015.

But McBroom questioned the statistics, noting, "Is that an increase because reporting has become so much more robust or because there's an actual increase in the incidents of crime ... And we should also be looking at if there's also been an increase in false allegations."

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He also worried that past "hate speech" would be used as evidence that a criminal charge could be elevated to a hate crime. "Who judges what hate speech is and isn't hateful and that seems to me to be a bit of a subjective decision and that seems like a dangerous precedent."

Nessel, who has tussled with Republican lawmakers over philosophical and policy issues, said the office "Is not policing thoughts or words. While some people in this state may choose to exercise their right to free speech by thinking hateful thoughts, saying evil words or associating with hateful people, as attorney general, it is my job to protect that right and not prosecute, even if I vehemently disagree with those thoughts, words or associations."

Sen. Jim Runestad, R-White Lake, said he was concerned that Nessel was relying on data from the Southern Poverty Law Center, which tracks hate groups in the country, but which he called a "tainted group" that was biased against Christian conservative groups.

Nessel said the new Hate Crimes unit is only going after individuals that have committed crimes and doesn't rely on SPLC for information on hate groups.

The hour-long committee meeting betrayed a brewing battle between Nessel and Republicans in the Legislature, who are dismayed over a variety of decisions she has made since taking office.

While the Legislature has little say in how Nessel runs her office, lawmakers do control her budget. McBroom said after the hearing that he wasn't thinking about funding for the Hate Crimes unit when he asked her to talk with the committee, "but having this hearing is potentially helpful in helping people make that decision whether (budget cuts) would be necessary."

Nessel said she used money saved from the elimination of 11 "constitutent outreach" positions that were in place under Schuette, which she determined were "politically oriented" positions that weren't needed anymore.

Some of the reasons Nessel has been at odds with the Republican-controlled state Legislature include:

Settling a case that basically overturns a state law that allowed adoption agencies to refuse to work with same-sex couples.

Withdrawing the state from more than two dozen cases that her predecessor Republican Bill Schuette had jumped into.

Joining other attorneys general across the nation to fight President Donald Trump's declaration of a national emergency at the southern border;.

Issuing an opinion that a law allowing a tunnel to be built around the controversial Line 5 pipeline in the Straits of Mackinac is unconstitutional.

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.