2020 -- S 2587

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION -- HATE

CRIMES SENTENCING ACT

     Introduced By: Senators Lynch Prata, and Goodwin

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     (Attorney General)

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 in whole

or in part because of the actor's hatred or animus toward the actual or perceived disability, religion,

color, race, national origin, or ancestry, sexual orientation, or gender or gender identity or

expression of that any person or the owner or occupant of that property or group of persons, 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 in whole or in part because of his or her hatred or animus toward the actual

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

orientation, gender or gender identity or expression of that any person or the owner or occupant of

that property group of persons. 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 in whole or in part because of his or her hatred or animus toward the actual or perceived

race, religion, color, disability, national origin, or ethnicity, gender, or sexual orientation, gender

or gender identity or expression of that any person or the owner or occupant of that property group

of persons. 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 -- HATE

CRIMES SENTENCING ACT

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     This act would amend the definition of hate crime in various portions of the criminal law

and provides that perpetrators may be prosecuted for hate crimes when they are motivated in part

by perceptions or beliefs regarding those in protected groups, and protects those who are targeted

due to their association with those in protected groups.

     This act would take effect upon passage.

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