Chapter 181

2012 -- H 7111

Enacted 06/08/12

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE POLICE

          

     Introduced By: Representatives Ajello, Handy, Blazejewski, Cimini, and Walsh

     Date Introduced: January 12, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 42-28-46 of the General Laws in Chapter 42-28 entitled "State

Police" is hereby amended to read as follows:

 

     42-28-46. Development of system monitoring crimes motivated by bigotry and bias. -

- (a) For the purposes of this section, the following words shall have the following meanings:

      (1) "Police department" -- means all state, municipal and campus police departments

within the state of Rhode Island;

      (2) "Hate crime" -- means any crime motivated by bigotry and bias, including, but not

limited to threatened, attempted, or completed acts that appear after investigation to have been

motivated by racial, religious, ethnic, sexual orientation, gender, gender identity or expression or

disability prejudice or motivated by prejudice against a person who is homeless or is perceived to

be homeless. For the purposes of this chapter, the definitions of disability, sexual orientation and

gender identity or expression shall be defined as set forth in Rhode Island general laws section

11-24-2.1;

     (3) "Hate crime data" -- means information, incident reports, records and statistics

relating to hate crimes, collected by the state police unit pursuant to this section;

      (4) "Incident report" -- means account of any individual occurrence of hate crime

received or collected by the crime reporting unit pursuant to this section.

      (b) The state police shall, by January 1, 1994, develop a system monitoring the

occurrence of crimes committed in the state which the evidence of the offense demonstrates was

motivated by racial, religious, ethnic bigotry, or bias on any other matter defined as a "hate

crime" herein. All police departments within the state shall report monthly the occurrence of such

crimes to the state police. The state police shall maintain a permanent record of these offenses

categorized by community of occurrence, type of offense, target of offense, and such other

information as the department deems relevant. The department shall develop a plan for the

collection, analysis, and dissemination of the data regarding such crimes and shall promulgate

regulations relating to the collection of hate crime data, as defined in this section, which are

submitted by law enforcement agencies, individuals, state and local human rights commissions,

and anti-discrimination advocacy organizations.

      (c) The state police shall compile and distribute to each police department a listing of all

criminal offenses and penalties for those actions defined as "hate crimes" herein. Notice of the

provision of these sections shall be primarily posted at each police station.

      (d) This section shall not be construed to increase or enhance the penalties against the

perpetrators of hate crimes as defined in this section, unless provided for by any other section of

law.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00151

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