Text of AL SB 227 (2006)

Page 0 SB227 1 79676-1 2 By Senator Sanders 3 RFD: Judiciary 4 First Read: 12-JAN-06 5 Page 1 79676-1:n:01/10/2006:LLR/th LRS2006-268 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 a crime motivated by the victim's 14 sexual orientation. 15 16 A BILL 17 TO BE ENTITLED 18 AN ACT 19 20 To amend Section 13A-5-13, Code of Alabama 1975, 21 relating to hate crimes; to impose additional penalties for a 22 crime motivated by the victim's sexual orientation. 23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 24 Section 1. Section 13A-5-13, Code of Alabama 1975, 25 is amended to read as follows: 26 "§13A-5-13. 27 Page 2 "(a) The Legislature finds and declares the 1 following: 2 "(1) It is the right of every person, regardless of 3 race, color, religion, national origin, ethnicity, or physical 4 or mental disability, or sexual orientation to be secure and 5 protected from threats of reasonable fear, intimidation, 6 harassment, and physical harm caused by activities of groups 7 and individuals. 8 "(2) It is not the intent, by enactment of this 9 section, to interfere with the exercise of rights protected by 10 the Constitution of the State of Alabama or the United States. 11 "(3) The intentional advocacy of unlawful acts by 12 groups or individuals against other persons or groups and 13 bodily injury or death to persons is not constitutionally 14 protected when violence or civil disorder is imminent, and 15 poses a threat to public order and safety, and such conduct 16 should be subjected to criminal sanctions. 17 "(b) The purpose of this section is to impose 18 additional penalties where it is shown that a perpetrator 19 committing the underlying offense was motivated by the 20 victim's actual or perceived race, color, religion, national 21 origin, ethnicity, or physical or mental disability, or sexual 22 orientation. 23 "(c) A person who has been found guilty of a crime, 24 the commission of which was shown beyond a reasonable doubt to 25 have been motivated by the victim's actual or perceived race, 26 color, religion, national origin, ethnicity, or physical or 27 Page 3 mental disability, or sexual orientation shall be punished as 1 follows: 2 "(1) Felonies: 3 "a. On conviction of a Class A felony that was found 4 to have been motivated by the victim's actual or perceived 5 race, color, religion, national origin, ethnicity, or physical 6 or mental disability, or sexual orientation, the sentence 7 shall not be less than 15 years. 8 "b. On conviction of a Class B 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, or sexual orientation, the sentence 12 shall not be less than 10 years. 13 "c. On conviction of a Class C 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, or sexual orientation, the sentence 17 shall not be less than two years. 18 "d. For purposes of this subdivision, a criminal 19 defendant who has been previously convicted of any felony and 20 receives an enhanced sentence pursuant to this section is also 21 subject to enhanced punishment under the Alabama Habitual 22 Felony Offender Act, Section 13A-5-9. 23 "(2) Misdemeanors: 24 "On conviction of a misdemeanor which was found 25 beyond a reasonable doubt to have been motivated by the 26 victim's actual or perceived race, color, religion, national 27 Page 4 origin, ethnicity, or physical or mental disability, or sexual 1 orientation, the defendant shall be sentenced for a Class A 2 misdemeanor, except that the defendant shall be sentenced to a 3 minimum of three months. 4 "(d) For purposes of this section, "sexual 5 orientation" means heterosexuality, homosexuality, or 6 bisexuality." 7 Section 2. This act shall become effective on the 8 first day of the third month following its passage and 9 approval by the Governor, or its otherwise becoming law. 10