Text of AR HB 2088 (2017)

Stricken language would be deleted from and underlined language would be added to present law. *BPG436* 03-06-2017 09:12:20 BPG436 State of Arkansas 1 91st General Assembly A Bill 2 Regular Session, 2017 HOUSE BILL 2088 3 4 By: Representatives Leding, Murdock, M. Hodges, Magie, G. McGill, Sabin, D. Whitaker, Blake, V. 5 Flowers, M.J. Gray, Tucker, Burch, Love, F. Allen 6 By: Senators Elliott, L. Chesterfield, Bond 7 8 For An Act To Be Entitled 9 AN ACT TO PROVIDE ENHANCED PENALTIES FOR A CRIMINAL 10 OFFENSE COMMITTED BECAUSE OF THE VICTIM'S RACE, 11 COLOR, RELIGION, ETHNICITY, ANCESTRY, NATIONAL 12 ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY, OR 13 DISABILITY; AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 TO PROVIDE ENHANCED PENALTIES FOR A 18 CRIMINAL OFFENSE COMMITTED BECAUSE OF THE 19 VICTIM'S RACE, COLOR, RELIGION, 20 ETHNICITY, ANCESTRY, NATIONAL ORIGIN, 21 SEXUAL ORIENTATION, GENDER IDENTITY, OR 22 DISABILITY. 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 28 to add an additional section to read as follows: 29 5-4-704. Enhanced penalties for offenses committed because of a 30 victim's race, color, religion, ethnicity, ancestry, national origin, sexual 31 orientation, gender, gender identity, or disability. 32 (a) As used in this section: 33 (1) “Because of” means that: 34 (A) A victim's actual or perceived trait enumerated in 35 subsection (b) of this section was a cause in fact of an offense, regardless 36 HB2088 2 03-06-2017 09:12:20 BPG436 of whether or not other causes also existed; and 1 (B) When multiple concurrent causes existed, the victim’s 2 actual or perceived trait enumerated in subsection (b) of this section was a 3 substantial factor in the commission of an offense; 4 (2)(A) "Disability” means a physical or mental impairment that 5 substantially limits a major life function. 6 (B) "Disability" does not include: 7 (i) Compulsive gambling; 8 (ii) Kleptomania; 9 (iii) Pyromania; 10 (iv) Current use of illegal drugs or psychoactive 11 substance use disorders resulting from illegal use of drugs; or 12 (v) Alcoholism; 13 (3) "Gender" means the condition of being male, female, or 14 transgender; 15 (4) "Gender identity" means a person's actual or perceived 16 gender-related characteristics, identity, or expression whether or not 17 typically associated with a person's sex at birth; 18 (5) “Purposely selected the victim” does not mean that a 19 defendant’s mere abstract belief or expression was hostile or contrary to a 20 victim's actual or perceived trait enumerated in subsection (b) of this 21 section or that a defendant is or was associated with a group opposed to a 22 victim's actual or perceived trait enumerated in subsection (b) of this 23 section, unless the abstract belief, expression, or association was part of 24 the cause of an offense; and 25 (6) “Sexual orientation” means actual or perceived 26 heterosexuality, homosexuality, or bisexuality. 27 (b) A defendant is subject to a sentence enhancement under this 28 section if the defendant purposely selected the victim of an offense because 29 of the victim’s actual or perceived: 30 (1) Race; 31 (2) Color; 32 (3) Religion; 33 (4) Ethnicity; 34 (5) Ancestry; 35 (6) National origin; 36 HB2088 3 03-06-2017 09:12:20 BPG436 (7) Sexual orientation; 1 (8) Gender, except for an offense under § 5-14-101 et seq., § 5- 2 26-201 et seq., § 5-26-301 et seq., § 5-26-401 et seq., or § 5-26-501 et 3 seq.; 4 (9) Gender identity; or 5 (10) Disability. 6 (c) To seek a sentence enhancement under this section, the prosecuting 7 attorney shall file with the court written notice in the information or 8 indictment requesting a bifurcated trial and indicating that the defendant, 9 upon a finding of guilt, is subject to the enhanced penalties under this 10 section. 11 (d)(1) If a defendant subject to this section pleads guilty, nolo 12 contendere, or is found guilty of an offense and the trier of fact determines 13 beyond a reasonable doubt at the sentencing phase of the bifurcated trial 14 that the defendant purposely selected the victim of the offense because of 15 the victim’s actual or perceived trait enumerated in subsection (b) of this 16 section, then the minimum and maximum penalties for the offense, including 17 the amount of any fine and the length of any term of imprisonment or period 18 of probation or suspended imposition of sentence, is increased by twenty 19 percent (20%). 20 (2) The sentence enhancement under this section shall not exceed 21 twenty percent (20%) regardless of the number of the victim's actual or 22 perceived traits enumerated in subsection (b) of this section that caused the 23 defendant to purposely select the victim. 24 25 SECTION 2. Arkansas Code Title 12, Chapter 12, Subchapter 1, is 26 amended to add an additional section to read as follows: 27 12-12-110. Hate crimes data collection. 28 (a) As used in this section "hate crime" means an offense committed by 29 a person who targeted the victim of the offense due to the victim's actual or 30 perceived: 31 (1) Race; 32 (2) Color; 33 (3) Religion; 34 (4) Ethnicity; 35 (5) Ancestry; 36 HB2088 4 03-06-2017 09:12:20 BPG436 (6) National origin; 1 (7) Sexual orientation; 2 (8) Gender, except for an offense under § 5-14-101 et seq., § 5- 3 26-201 et seq., § 5-26-301 et seq., § 5-26-401 et seq., or § 5-26-501 et 4 seq.; 5 (9) Gender identity; or 6 (10) Disability. 7 (b)(1) With the assistance of the Department of Arkansas State Police 8 and the Arkansas Crime Information Center, the Attorney General shall 9 establish and maintain a central repository for the collection, analysis, and 10 dissemination of hate crimes data. 11 (2)(A) Each law enforcement agency shall submit a quarterly 12 report to the Attorney General concerning the commission of a hate crime 13 within its jurisdiction. 14 (B) The quarterly report required under subdivision 15 (b)(2)(A) of this section shall contain without limitation the following 16 information, if known: 17 (i) All relevant demographic information concerning 18 the suspect or suspects; 19 (ii) All relevant demographic information concerning 20 the victim or victims, including a specific reference to the victim's or 21 victims' personal characteristic or characteristics that the law enforcement 22 agency believed led to the commission of the hate crime; 23 (iii) Status or outcome of the criminal 24 investigation or, if applicable, criminal prosecution; and 25 (iv) A summary of the hate crime, including all 26 relevant information known at the time of the report and specifically noting 27 whether a deadly weapon was used. 28 (3) Data concerning a hate crime maintained under the central 29 repository shall be disseminated upon request to a local law enforcement 30 agency, political subdivision of the state, or state agency. 31 (c)(1) The Attorney General shall publish on December 1 of each year 32 an annual summary and report of the data required to be collected and 33 maintained by this section, and the annual summary and report shall be 34 delivered to the Governor, the chairs of Legislative Council, the Speaker of 35 the House of Representatives, the President Pro Tempore of the Senate, the 36 HB2088 5 03-06-2017 09:12:20 BPG436 United States Attorneys for the Eastern and Western Districts of Arkansas, 1 and the Federal Bureau of Investigation. 2 (2) The annual summary and report required under this subsection 3 shall be made available in a format acceptable for use by the Federal Bureau 4 of Investigation for its annual Hate Crimes Statistics report. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36