2017 -- H 5260

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

     Introduced By: Representatives Lima, Johnston, Hull, Keable, and Edwards

     Date Introduced: January 27, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-19-38 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

     12-19-38. Hate Crimes Sentencing Act.

     (a) If any person has been convicted of a crime charged by complaint, information, or

indictment in which he or she intentionally selected the person against whom the offense is

committed or selected the property that is damaged or otherwise affected by the offense because

of the actor's hatred or animus toward the actual or perceived disability, religion, color, race,

national origin or ancestry, sexual orientation, occupation or gender of that person or the owner or

occupant of that property, or any police officer, firefighter or emergency medical technician as

defined in §23-28.36-2, he or she shall be subject to the penalties provided in this section.

      (b) Whenever it appears that a person may be subject to the Hate Crime Sentencing Act,

the prosecuting agency, in no case later than the pretrial conference, shall file with the court a

notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in

accordance with this section.

      (c) For misdemeanor offenses, upon any plea of guilty or nolo contendere or verdict or

finding of guilty of the defendant, the district court shall conduct a sentencing hearing. At the

hearing, the court shall permit the prosecuting agency and the defense to present additional

evidence relevant to the determination of whether the defendant intentionally selected the person

against whom the offense is committed, or selected the property that is damaged, or otherwise

affected by the offense because of his or her hatred or animus toward the actual or perceived race,

religion, color, disability, national origin or ethnicity, gender, occupation or sexual orientation of

that person or the owner or occupant of that property. If the finder of fact at the hearing, or in the

case of a plea of guilty or nolo contendere, the district court at sentencing, determines beyond a

reasonable doubt that the defendant's actions were so motivated, he or she shall be sentenced to

not less than thirty (30) days mandatory imprisonment, nor more than one year imprisonment for

that crime: and for this penalty, he or she shall not be afforded the provisions of filing, suspension

of sentence, or probation.

      (d) For felony offenses and for misdemeanor offenses in which the defendant claims a

jury trial either in the first instance or by appeal, upon any plea of guilt or nolo contendere or

verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the

hearing, the court shall permit the prosecuting agency and the defense to present additional

evidence to the jury relevant to the determination of whether the defendant intentionally selected

the person against whom the offense is committed, or selected the property that is damaged, or

otherwise affected by the offense because of his or her hatred or animus toward the actual or

perceived race, religion, color, disability, national origin or ethnicity, gender, occupation or

sexual orientation of that person or the owner or occupant of that property. If the jury at the

hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines

beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be

sentenced for a misdemeanor in accordance with subsection (c) of this section and for a felony by

the court to an additional, consecutive term of imprisonment for not less than one year nor more

than five (5) years, but in no case, more than double the original penalty for the crime.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

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     This act would add police, firefighters and emergency medical technicians to the class of

protected people included in the hate crimes sentencing act.

     This act would take effect upon passage.

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