Text of NC S 485 (2005)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 S 1 SENATE BILL 485 Short Title: Hate Crimes/Matthew Shepard. (Public) Sponsors: Senators Lucas; Atwater, Berger of Franklin, Cowell, Dannelly, Dorsett, Graham, Kinnaird, and Malone. Referred to: Judiciary II. March 10, 2005 A BILL TO BE ENTITLED 1 AN ACT TO HONOR THE MEMORY OF MATTHEW SHEPARD BY EXPANDING 2 THE SCOPE OF THE HATE CRIME LAWS AND INCREASING THE 3 CRIMINAL PENALTY FOR COMMITTING A HATE CRIME. 4 Whereas, Matthew Shepard was seemingly a victim of a hate crime, his 5 sexual orientation being the apparent reason for his murder; and 6 Whereas, Matthew Shepard was recently a resident of this State and lived in 7 Raleigh for about a year; and 8 Whereas, violent crime is abhorrent, and violent criminal acts based on a 9 person's group membership are particularly unacceptable in a civil society; Now, 10 therefore, 11 The General Assembly of North Carolina enacts: 12 SECTION 1. G.S. 14-3 reads as rewritten: 13 "§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in 14 secrecy and malice, or with deceit and intent to defraud, or with ethnic 15 animosity.animosity based upon ethnicity, gender, age, sexual 16 orientation, or disability; punishment of felony committed with 17 animosity based upon ethnicity, gender, age, sexual orientation, or 18 disability. 19 (a) Except as provided in subsections (b) and (c), every person who shall be 20 convicted of any misdemeanor for which no specific classification and no specific 21 punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor. Any 22 misdemeanor that has a specific punishment, but is not assigned a classification by the 23 General Assembly pursuant to law is classified as follows, based on the maximum 24 punishment allowed by law for the offense as it existed on the effective date of Article 25 81B of Chapter 15A of the General Statutes: 26 (1) If that maximum punishment is more than six months imprisonment, it 27 is a Class 1 misdemeanor; 28 General Assembly of North Carolina Session 2005 Page 2 Senate Bill 485-First Edition (2) If that maximum punishment is more than 30 days but not more than 1 six months imprisonment, it is a Class 2 misdemeanor; and 2 (3) If that maximum punishment is 30 days or less imprisonment or only a 3 fine, it is a Class 3 misdemeanor. 4 Misdemeanors that have punishments for one or more counties or cities pursuant to a 5 local act of the General Assembly that are different from the generally applicable 6 punishment are classified pursuant to this subsection if not otherwise specifically 7 classified. 8 (b) If a misdemeanor offense as to which no specific punishment is prescribed be 9 infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender 10 shall, except where the offense is a conspiracy to commit a misdemeanor, be guilty of a 11 Class H felony. 12 (c) If any Class 2 or Class 3 misdemeanor is committed because of the victim's 13 real or perceived race, color, religion, nationality, gender, sexual orientation, disability, 14 age, or country of origin, the offender shall be guilty of a Class 1 misdemeanor. If any 15 Class A1 or Class 1 misdemeanor offense is committed because of the victim's real or 16 perceived race, color, religion, nationality, gender, sexual orientation, disability, age, or 17 country of origin, the offender shall be guilty of a Class I felony. 18 (d) If any felony is committed because of the victim's real or perceived race, 19 color, religion, nationality, gender, sexual orientation, disability, age, or country of 20 origin, the offender shall be punished at the sentencing level that is one level higher than 21 that authorized by the offender's prior record level. 22 (e) For purposes of this section, the term "sexual orientation" means actual or 23 perceived heterosexuality, homosexuality, bisexuality, or gender-related identity or 24 expression. The term does not include a physical or sexual attraction to a minor by an 25 adult." 26 SECTION 2. G.S. 14-401.14 reads as rewritten: 27 "§ 14-401.14. Ethnic intimidation; teaching any technique to be used for ethnic 28 intimidation. 29 (a) If a person shall, because of real or perceived race, color, religion, nationality, 30 gender, sexual orientation, disability, age, or country of origin, assault another person, 31 or damage or deface the property of another person, or threaten to do any such act, he 32 the offender shall be guilty of a Class 1 misdemeanor. 33 (b) A person who assembles with one or more persons to teach any technique or 34 means to be used to commit any act in violation of subsection (a) of this section is guilty 35 of a Class 1 misdemeanor. 36 (c) For purposes of this section, the term "sexual orientation" has the same 37 definition as G.S. 14-3(e)." 38 SECTION 3. G.S. 15A-1340.16(d)(17) reads as rewritten: 39 "(17) The offense for which the defendant stands convicted was committed 40 against a victim because of the victim's real or perceived race, color, 41 religion, nationality, gender, sexual orientation, disability, age, or 42 country of origin. For purposes of this subdivision, the term "sexual 43 orientation" has the same definition as G.S. 14-3(e)." 44 General Assembly of North Carolina Session 2005 Senate Bill 485-First Edition Page 3 SECTION 4. This act becomes effective December 1, 2005, and applies to 1 offenses committed on or after that date. 2