2021 -- H 6147 SUBSTITUTE A | |
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LC002400/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- SENTENCE OR EXECUTION | |
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Introduced By: Representatives Shallcross Smith, Shekarchi, Ackerman, Ruggiero, and | |
Date Introduced: March 17, 2021 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-19-38 of the General Laws in Chapter 12-19 entitled "Sentence |
2 | and Execution" is hereby amended to read as follows: |
3 | 12-19-38. Hate Crimes Sentencing Act. |
4 | (a) If any person has been convicted of a crime charged by complaint, information, or |
5 | indictment in which he or she intentionally selected the person against whom the offense is |
6 | committed or selected the property that is damaged or otherwise affected by the offense in whole |
7 | or in part because of the actor's hatred or animus toward the actual or perceived disability, religion, |
8 | color, race, national origin, or ancestry, sexual orientation, or gender, or gender identity or |
9 | expression of that any person or group of persons or the owner or occupant of that property, he or |
10 | she shall be subject to the penalties provided in this section. |
11 | (b) Whenever it appears that a person may be subject to the Hate Crime Sentencing Act, |
12 | the prosecuting agency, in no case later than the pretrial conference, shall file with the court a notice |
13 | specifying that the defendant, upon conviction, is subject to the imposition of sentencing in |
14 | accordance with this section. |
15 | (c) For misdemeanor offenses, including petty misdemeanors, upon any plea of guilty or |
16 | nolo contendere or verdict or finding of guilty of the defendant, the district court shall conduct a |
17 | sentencing hearing. At the hearing, the court shall permit the prosecuting agency and the defense |
18 | to present additional evidence relevant to the determination of whether the defendant intentionally |
19 | selected the person against whom the offense is committed, or selected the property that is |
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1 | damaged, or otherwise affected by the offense in whole or in part because of his or her hatred or |
2 | animus toward the actual or perceived race, religion, color, disability, national origin, or ethnicity, |
3 | gender, gender identity or expression or sexual orientation of that any person or group of persons |
4 | or the owner or occupant of that property. If the finder of fact at the hearing, or in the case of a plea |
5 | of guilty or nolo contendere, the district court at sentencing, determines beyond a reasonable doubt |
6 | that the defendant's actions were so motivated, he or she shall be sentenced to not less than thirty |
7 | (30) days mandatory imprisonment, nor more than one year imprisonment for that crime:, and |
8 | undertake educational classes or community service directly related to the community harmed by |
9 | the defendant's offense, and for this penalty, he or she shall not be afforded the provisions of filing, |
10 | suspension of sentence, or probation. |
11 | (d) For felony offenses and for misdemeanor offenses, including petty misdemeanors, in |
12 | which the defendant claims a jury trial either in the first instance or by appeal, upon any plea of |
13 | guilt or nolo contendere or verdict or finding of guilt of the defendant, the court shall conduct a |
14 | sentencing hearing. At the hearing, the court shall permit the prosecuting agency and the defense |
15 | to present additional evidence to the jury relevant to the determination of whether the defendant |
16 | intentionally selected the person against whom the offense is committed, or selected the property |
17 | that is damaged, or otherwise affected by the offense in whole or in part because of his or her hatred |
18 | or animus toward the actual or perceived race, religion, color, disability, national origin, or |
19 | ethnicity, gender, gender identity or expression, or sexual orientation of that any person or group |
20 | of persons or the owner or occupant of that property. If the jury at the hearing, or in the case of a |
21 | plea of guilty or nolo contendere, the court at sentencing, determines beyond a reasonable doubt |
22 | that the defendant's actions were so motivated, he or she shall be sentenced for a misdemeanor, |
23 | including a petty misdemeanor, in accordance with subsection (c) of this section and for a felony |
24 | by the court to an additional, consecutive term of imprisonment for not less than one year nor more |
25 | than five (5) years, but in no case, more than double the original penalty for the crime, and |
26 | undertake educational classes or community service directly related to the community harmed by |
27 | the defendant's offense. |
28 | (e) For offenses in violation of chapter 44 of title 11 relating to the destruction, defacing, |
29 | or otherwise injuring of commercial or public property only, upon any plea of guilt or nolo |
30 | contendere or verdict or finding of guilt of the defendant, the court shall conduct a sentencing |
31 | hearing. At the hearing, the court shall permit the prosecuting agency and the defense to present |
32 | additional evidence relevant to the determination of whether the defendant committed the offense |
33 | in whole or in part because of the defendant’s hatred, bias, bigotry, or animus regarding the |
34 | disability, religion, color, race, national origin, ethnicity, sexual orientation, gender, or gender |
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1 | identity or expression of any person or group of persons, then the court shall, in addition to any |
2 | other sentence imposed, sentence the defendant to undertake educational classes or community |
3 | service directly related to the community harmed by the defendant’s offense. |
4 | (f) If any provision or part of this section or the application thereof to any person or |
5 | circumstance is held invalid, such invalidity shall not affect any other provisions or applications of |
6 | this section, which can be given effect without the invalid provision or application, and to this end |
7 | the provisions or parts of this section are severable. |
8 | SECTION 2. Section 12-28-4 of the General Laws in Chapter 12-28 entitled "Victim's |
9 | Rights" is hereby amended to read as follows: |
10 | 12-28-4. Right to address court prior to sentencing. |
11 | (a) Prior to the imposition of sentence upon a defendant who has been adjudicated guilty |
12 | of a crime in a trial, the victim of the criminal offense shall be afforded the opportunity to address |
13 | the court regarding the impact which the defendant's criminal conduct has had upon the victim. The |
14 | victim shall be permitted to speak prior to counsel for the state and the defendant making their |
15 | sentencing recommendations to the court and prior to the defendant's exercise of his or her right to |
16 | address the court. |
17 | (b) For the purposes of this section, "victim" is one who: |
18 | (1) Is named in the complaint, indictment, or information; or |
19 | (2) Has has sustained personal injury or loss of or damage to property directly attributable |
20 | to the felonious criminal conduct of which the defendant has been convicted. In homicide cases, a |
21 | member of the immediate family of the victim shall be afforded the right created by this section. |
22 | (c) "Community impact statement" means a written statement providing information about |
23 | the financial, emotional and physical effects of a crime on a community. "Community" means a |
24 | society or body of people living in the same place or neighborhood sharing common interests |
25 | arising from social, business, religious, governmental, scholastic or recreational associations. |
26 | (d) In addition to the right of a victim as identified in subsection (b) of this section, if the |
27 | crime has an impact on the community where the incident took place, any person, association or |
28 | other group of persons may file a community impact statement with the court prior to the imposition |
29 | of sentence on a defendant. |
30 | SECTION 3. 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 OR EXECUTION | |
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1 | This act would amend the Hate Crimes Sentencing Act to include petty misdemeanors and, |
2 | adds gender identity or expression to protected groups thereunder. Further, the act clarifies that |
3 | sentencing enhancements for hate crimes are permitted in instances where the defendant is either |
4 | motivated in whole or in part due to the victim’s status as a member of a protected group. The act |
5 | also permits a judge to impose probation or a suspended sentence and to add as a condition of any |
6 | sentence to sentence community service or educational classes related to the community harmed |
7 | by the defendant’s actions. |
8 | This act would take effect upon passage. |
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