Introduced By: Senators Perry, Nygaard, Walton, Cicilline, Coderre, et al.
Date Introduced : January 7, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 12-19 of the General Laws entitled "Sentence and Execution" is hereby amended by adding thereto the following section:
{ADD 12-19-38. Hate crimes sentencing act. -- ADD} {ADD (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. ADD}
{ADD (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. ADD}
{ADD (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 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 (1) 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. ADD}
{ADD (d) For felony offenses and for misdemeanor offenses wherein 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 (1) year nor more than five (5) years, but in no case, more than double the original penalty for the crime. ADD}
SECTION 2. Section 11-5-13 of the General Laws in Chapter 11-5 entitled "Assaults " is hereby repealed in its entirety.
{DEL 11-5-13. Felony bias-motivated assault. -- DEL}{DEL
Any person who shall commit an assault or battery, or both, shall
be punished by imprisonment for not more than two (2) years and/or
fined not more than five thousand dollars ($5,000), or both, if
such assault or battery is determined by a jury, or a judge sitting
without a jury, to have been committed for the purpose of intimidation
because of the victim's gender, race, color, religion, national
origin, handicap or sexual orientation. DEL}
SECTION 3. Section 11-42-3 of the General Laws in Chapter 11-42 entitled "Threats and Extortion" is hereby repealed in its entirety.
{DEL> 11-42-3. Ethnic or religious intimidation -- Severability.
-- DEL} {DEL(a) Whoever, verbally or by a written or printed communication,
maliciously threatens any injury to the person, reputation, or
property of another with the intent to terrorize that person by
reason of their race, religion, or national origin, shall be punished
by imprisonment in the adult correctional institutions for not
more than five (5) years, or by a fine of not more than five thousand
dollars ($5,000), or both. DEL}
{DEL (b) If any provision or part of this section or its application
to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of the section
which can be given effect without the invalid provision or application,
and to this end the provisions or parts of this section are severable. DEL}
SECTION 4. Sections 11-53-1, 11-53-2, 11-53-3 of the General Laws in Chapter 11-53 entitled "Defamation" are hereby repealed in their entirety.
{DEL 11-53-1. Declaration of purpose. -- DEL} {DELThe
general assembly finds and declares that it is the right of every
person, regardless of race, color, creed, religion, ideological
persuasion, or national origin, to be secure and protected from
fear, intimidation, and physical harm caused by the activities
of violent groups and individuals. It is not the intent of this
chapter to interfere with the exercise of rights protected by
the Constitution of the United States. The general assembly recognizes
the constitutional right of every citizen to harbor and express
beliefs on any subject whatsoever and to associate with others
who share similar beliefs. The general assembly further finds,
however, that acts by groups against other persons or groups under
circumstances where death or bodily injury to that person or group
or damage to property is likely to result are not constitutionally
protected, pose a threat to public order and safety, and should
be subject to criminal and civil sanctions. DEL}
{DEL 11-53-2. Threat by terror. -- DEL} {DELAny person
who, with the intent of terrorizing another or group of others
or in reckless disregard of terrorizing another or group of others
or with the intent of threatening any injury to the person, reputation,
or property of another or group of others, burns or otherwise
desecrates a cross or other religious symbol or who places or
displays a sign, mark, symbol, emblem, or other physical impression,
including, but not limited to, Nazi swastika, on the property
of another or group of others without authorization shall be punished
by imprisonment in the adult correctional institution for not
more than two (2) years, or by a fine of not more than five thousand
dollars ($5,000), or both, for the first such conviction, and
by imprisonment in the adult correctional institution for not
more than ten (10) years, or by a fine of not more than fifteen
thousand dollars ($15,000), or both, for any subsequent conviction. DEL}
{DEL 11-53-3. Threats to immigrants. -- DEL} {DELWhoever
maliciously threatens another person who is lawfully residing
in the United States but is not a citizen of this country regarding
that person's legal status as a noncitizen in this country shall
be punished by imprisonment for not more than one year or by a
fine of not more than five hundred dollars ($500), or both. DEL}.
SECTION 5. This act shall take effect upon passage.
