2021 -- H 6455

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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 AND EXECUTION

     Introduced By: Representatives Williams, Alzate, Vella-Wilkinson, Morales, Henries,
Biah, Giraldo, Barros, Shallcross Smith, and Craven

     Date Introduced: June 22, 2021

     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, or gender of that person or the owner or occupant of that

property, 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 petty misdemeanor or 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, 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, 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 make the hate crime sentencing enhancement applicable to petty

misdemeanors.

     This act would take effect upon passage.

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