Text of AL HB 195 (2013)

1 HB195 2 145438-1 3 By Representatives Givan, Todd, Laird, Moore (M), England, 4 Coleman-Evans, Melton and Grimsley 5 RFD: Judiciary 6 First Read: 07-FEB-13 Page 0 1 145438-1:n:10/09/2012:ANS/th LRS2012-4925 2 3 4 5 6 7 8 SYNOPSIS: Under existing law, additional penalties are 9 imposed against a person if the offense committed 10 is motivated by the victim's race, color, religion, 11 national origin, ethnicity, or physical or mental 12 disability. 13 This bill would provide for those additional 14 penalties for crimes motivated by the victim's 15 sexual orientation or gender identity or 16 expression. 17 18 A BILL 19 TO BE ENTITLED 20 AN ACT 21 22 To amend Section 13A-5-13, Code of Alabama 1975, 23 relating to hate crimes; to impose additional penalties for 24 crimes motivated by the victim's sexual orientation or gender 25 identity or expression. 26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Page 1 1 Section 1. Section 13A-5-13, Code of Alabama 1975, 2 is amended to read as follows: 3 "§13A-5-13. 4 "(a) The Legislature finds and declares the 5 following: 6 "(1) It is the right of every person, regardless of 7 race, color, religion, national origin, ethnicity, or physical 8 or mental disability, sexual orientation, or gender identity 9 or expression to be secure and protected from threats of 10 reasonable fear, intimidation, harassment, and physical harm 11 caused by activities of groups and individuals. 12 "(2) It is not the intent, by enactment of this 13 section, to interfere with the exercise of rights protected by 14 the Constitution of the State of Alabama or the United States. 15 "(3) The intentional advocacy of unlawful acts by 16 groups or individuals against other persons or groups and 17 bodily injury or death to persons is not constitutionally 18 protected when violence or civil disorder is imminent, and 19 poses a threat to public order and safety, and such conduct 20 should be subjected to criminal sanctions. 21 "(b) The purpose of this section is to impose 22 additional penalties where it is shown that a perpetrator 23 committing the underlying offense was motivated by the 24 victim's actual or perceived race, color, religion, national 25 origin, ethnicity, or physical or mental disability, sexual 26 orientation, or gender identity or expression. Page 2 1 "(c) A person who has been found guilty of a crime, 2 the commission of which was shown beyond a reasonable doubt to 3 have been motivated by the victim's actual or perceived race, 4 color, religion, national origin, ethnicity, or physical or 5 mental disability, sexual orientation, or gender identity or 6 expression shall be punished as follows: 7 "(1) Felonies: 8 "a. On conviction of a Class A felony that was found 9 to have been motivated by the victim's actual or perceived 10 race, color, religion, national origin, ethnicity, or physical 11 or mental disability, sexual orientation, or gender identity 12 or expression the sentence shall not be less than 15 years. 13 "b. On conviction of a Class B felony that was found 14 to have been motivated by the victim's actual or perceived 15 race, color, religion, national origin, ethnicity, or physical 16 or mental disability, sexual orientation, or gender identity 17 or expression the sentence shall not be less than 10 years. 18 "c. On conviction of a Class C felony that was found 19 to have been motivated by the victim's actual or perceived 20 race, color, religion, national origin, ethnicity, or physical 21 or mental disability, sexual orientation, or gender identity 22 or expression the sentence shall not be less than two years. 23 "d. For purposes of this subdivision, a criminal 24 defendant who has been previously convicted of any felony and 25 receives an enhanced sentence pursuant to this section is also 26 subject to enhanced punishment under the Alabama Habitual 27 Felony Offender Act, Section 13A-5-9. Page 3 1 "(2) Misdemeanors: 2 "On conviction of a misdemeanor which was found 3 beyond a reasonable doubt to have been motivated by the 4 victim's actual or perceived race, color, religion, national 5 origin, ethnicity, or physical or mental disability, sexual 6 orientation, or gender identity or expression the defendant 7 shall be sentenced for a Class A misdemeanor, except that the 8 defendant shall be sentenced to a minimum of three months. 9 "(d) For purposes of this section, "sexual 10 orientation" means heterosexuality, homosexuality, or 11 bisexuality." 12 Section 2. This act shall become effective on the 13 first day of the third month following its passage and 14 approval by the Governor, or its otherwise becoming law. Page 4