Text of AL HB 513 (2010)

HB513 1 117948-1 2 By Representative Todd 3 RFD: Judiciary 4 First Read: 09-FEB-10 5 Page 0 117948-1:n:02/05/2010:LCG/ll LRS2010-936 1 2 3 4 5 6 7 SYNOPSIS: Under existing law, additional penalties 8 are imposed against a person if the offense 9 committed is motivated by the victim's race, color, 10 religion, national origin, ethnicity, or physical 11 or mental disability. 12 This bill would provide for those additional 13 penalties for crimes motivated by the victim's 14 sexual orientation or gender identity or 15 expression. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 To amend Section 13A-5-13, Code of Alabama 1975, 22 relating to hate crimes; to impose additional penalties for 23 crimes motivated by the victim's sexual orientation or gender 24 identity or expression. 25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 26 Page 1 Section 1. Section 13A-5-13, Code of Alabama 1975, 1 is amended to read as follows: 2 "§13A-5-13. 3 "(a) The Legislature finds and declares the 4 following: 5 "(1) It is the right of every person, regardless of 6 race, color, religion, national origin, ethnicity, or physical 7 or mental disability, sexual orientation, or gender identity 8 or expression to be secure and protected from threats of 9 reasonable fear, intimidation, harassment, and physical harm 10 caused by activities of groups and individuals. 11 "(2) It is not the intent, by enactment of this 12 section, to interfere with the exercise of rights protected by 13 the Constitution of the State of Alabama or the United States. 14 "(3) The intentional advocacy of unlawful acts by 15 groups or individuals against other persons or groups and 16 bodily injury or death to persons is not constitutionally 17 protected when violence or civil disorder is imminent, and 18 poses a threat to public order and safety, and such conduct 19 should be subjected to criminal sanctions. 20 "(b) The purpose of this section is to impose 21 additional penalties where it is shown that a perpetrator 22 committing the underlying offense was motivated by the 23 victim's actual or perceived race, color, religion, national 24 origin, ethnicity, or physical or mental disability, sexual 25 orientation, or gender identity or expression. 26 Page 2 "(c) A person who has been found guilty of a crime, 1 the commission of which was shown beyond a reasonable doubt to 2 have been motivated by the victim's actual or perceived race, 3 color, religion, national origin, ethnicity, or physical or 4 mental disability, sexual orientation, or gender identity or 5 expression shall be punished as follows: 6 "(1) Felonies: 7 "a. On conviction of a Class A felony that was found 8 to have been motivated by the victim's actual or perceived 9 race, color, religion, national origin, ethnicity, or physical 10 or mental disability, sexual orientation, or gender identity 11 or expression the sentence shall not be less than 15 years. 12 "b. On conviction of a Class B felony that was found 13 to have been motivated by the victim's actual or perceived 14 race, color, religion, national origin, ethnicity, or physical 15 or mental disability, sexual orientation, or gender identity 16 or expression the sentence shall not be less than 10 years. 17 "c. On conviction of a Class C felony that was found 18 to have been motivated by the victim's actual or perceived 19 race, color, religion, national origin, ethnicity, or physical 20 or mental disability, sexual orientation, or gender identity 21 or expression the sentence shall not be less than two years. 22 "d. For purposes of this subdivision, a criminal 23 defendant who has been previously convicted of any felony and 24 receives an enhanced sentence pursuant to this section is also 25 subject to enhanced punishment under the Alabama Habitual 26 Felony Offender Act, Section 13A-5-9. 27 Page 3 "(2) Misdemeanors: 1 "On conviction of a misdemeanor which was found 2 beyond a reasonable doubt to have been motivated by the 3 victim's actual or perceived race, color, religion, national 4 origin, ethnicity, or physical or mental disability, sexual 5 orientation, or gender identity or expression the defendant 6 shall be sentenced for a Class A misdemeanor, except that the 7 defendant shall be sentenced to a minimum of three months. 8 "(d) For purposes of this section, "sexual 9 orientation" means heterosexuality, homosexuality, or 10 bisexuality." 11 Section 2. This act shall become effective on the 12 first day of the third month following its passage and 13 approval by the Governor, or its otherwise becoming law. 14 Page 4