Text of AL HB 413 (2016)

1 HB413 2 173614-1 3 By Representatives Givan and Todd 4 RFD: Judiciary 5 First Read: 15-MAR-16 Page 0 1 173614-1:n:02/08/2016:JMH/tj LRS2016-461 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 additional penalties 14 for crimes motivated by the victim's sexual 15 orientation or gender identity or expression. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 To amend Section 13A-5-13, Code of Alabama 1975, as 22 amended by Act 2015-185 (2015 Regular Session), relating to 23 hate crimes; to impose additional penalties for crimes 24 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 as amended by Act 2015-185 (2015 Regular Session), is amended 3 to read as follows: 4 "§13A-5-13. 5 "(a) The Legislature finds and declares the 6 following: 7 "(1) It is the right of every person, regardless of 8 race, color, religion, national origin, ethnicity, or physical 9 or mental disability, sexual orientation, or gender identity 10 or expression, to be secure and protected from threats of 11 reasonable fear, intimidation, harassment, and physical harm 12 caused by activities of groups and individuals. 13 "(2) It is not the intent, by enactment of this 14 section, to interfere with the exercise of rights protected by 15 the Constitution of the State of Alabama or the United States. 16 "(3) The intentional advocacy of unlawful acts by 17 groups or individuals against other persons or groups and 18 bodily injury or death to persons is not constitutionally 19 protected when violence or civil disorder is imminent, and 20 poses a threat to public order and safety, and such conduct 21 should be subjected to criminal sanctions. 22 "(b) The purpose of this section is to impose 23 additional penalties where it is shown that a perpetrator 24 committing the underlying offense was motivated by the 25 victim's actual or perceived race, color, religion, national 26 origin, ethnicity, or physical or mental disability, sexual 27 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. On conviction of a Class D felony that was found 24 to have been motivated by the victim's actual or perceived 25 race, color, religion, national origin, ethnicity, or physical 26 or mental disability, sexual orientation, or gender identity 27 or expression, the sentence shall not be less than 18 months. Page 3 1 "e. For purposes of this subdivision, a criminal 2 defendant who has been previously convicted of any felony and 3 receives an enhanced sentence pursuant to this section is also 4 subject to enhanced punishment under the Alabama Habitual 5 Felony Offender Act, Section 13A-5-9. 6 "(2) Misdemeanors: 7 "On conviction of a misdemeanor which was found 8 beyond a reasonable doubt to have been motivated by the 9 victim's actual or perceived race, color, religion, national 10 origin, ethnicity, or physical or mental disability, sexual 11 orientation, or gender identity or expression, the defendant 12 shall be sentenced for a Class A misdemeanor, except that the 13 defendant shall be sentenced to a minimum of three months. 14 "(d) For purposes of this section, sexual 15 orientation means heterosexuality, homosexuality, or 16 bisexuality." 17 Section 2. This act shall become effective on the 18 first day of the third month following its passage and 19 approval by the Governor, or its otherwise becoming law. Page 4