2022 -- H 7697

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Representatives Williams, Giraldo, Felix, Alzate, and Morales

     Date Introduced: March 02, 2022

     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) Hate crimes are crimes motivated by the offender’s bias toward their intended victim

because of the victim’s membership in a protected group. A hate crime shall be any criminal act

coupled with overt actions motivated by bigotry and bias which is motivated at least in part by

animus toward the actual or perceived disability, religion, color, race, national origin or ancestry,

sexual orientation, gender or gender identity of that person or the owner or occupant of property

that is targeted because of its ownership, occupancy or use by a member of a protected group. A

hate crime may also be any act which deprives a person of their constitutional rights by threats,

intimidation or coercion or which seeks to interfere with or disrupt the exercise of those

constitutional rights.

     (b) A person is guilty of a hate crime if they intentionally select the person or property

against whom the offense is committed or intended to be committed in whole or in substantial part

because of a belief or perception regarding the victim’s membership in a protected group.

     (c) Proof of disability, religion, color, race, national origin or ancestry, sexual orientation,

gender or gender identity of the offender, the victim or both, by itself, does not constitute legally

sufficient evidence that an offense was motivated by hate or animus toward the victim because of

their membership in a protected group.

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

indictment, or conspiracy to do so, 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 or gender identity 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)(e) 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 thirty (30) days after the

defendant’s arraignment, 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)(f) 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, gender

identity, 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 any misdemeanor nor more than six (6) months for any

petty misdemeanor: and for this penalty, he or she shall not be afforded the provisions of filing,

suspension of sentence, or probation.

     (d)(g) For felony offenses and for petty misdemeanor or 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, gender

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

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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 petty misdemeanor or misdemeanor in accordance with subsection (c)(f)

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 define hate crimes, provide that proof of one’s membership in a protected

group in and of itself is not sufficient to prove hate or animus and make the hate crime sentencing

enhancement applicable to petty misdemeanors.

     This act would take effect upon passage.

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