2012 -- S 2488

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LC01498

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE POLICE

     Introduced By: Senators Perry, Miller, Nesselbush, DeVall, and Crowley

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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Police" is hereby amended to read as follows:

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

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

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

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within the state of Rhode Island;

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

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

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

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

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

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

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11-24-2.1;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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and anti-discrimination advocacy organizations.

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

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

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

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

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

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law.

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     SECTION 2. This act shall take effect upon passage.

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LC01498

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE POLICE

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     This act would make the definitions of disability, sexual orientation, gender identity and

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expression the same as set forth in Rhode Island general laws section 11-24-2.1.

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     This act would take effect upon passage.

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LC01498

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