First Regular Session

Sixty-first General Assembly

LLS NO. 97­0397.01 JAP SENATE BILL 97­100

STATE OF COLORADO

BY SENATOR Rupert;

also REPRESENTATIVE Tate. REENGROSSED

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING EXPANSION OF THE CRIME OF ETHNIC INTIMIDATION, AND, IN CONNECTION THEREWITH, CHANGING THE NAME OF THE CRIME TO A HATE CRIME AND MAKING AN APPROPRIATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Expands the crime of ethnic intimidation to include intimidating a person because of that person's physical or mental disability, age, or sexual orientation. Changes the name of the crime of ethnic intimidation to a hate crime.

Makes conforming amendments.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 18­9­121 (1), the introductory portion to 18­9­121 (2), and 18­9­121 (3) and (4), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended, and the said 18­9­121 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

18­9­121. Hate crimes. (1)  The general assembly hereby finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, or national origin, PHYSICAL OR MENTAL DISABILITY, AGE, OR SEXUAL ORIENTATION, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The general assembly further finds that the advocacy of unlawful acts against persons or groups because of a person's or group's race, color, ancestry, religion, or national origin, PHYSICAL OR MENTAL DISABILITY, AGE, OR SEXUAL ORIENTATION, for the purpose of inciting and provoking bodily injury or damage to property, poses a threat to public order and safety and should be subject to criminal sanctions.

(2)  A person commits ethnic intimidation A HATE CRIME if, with the intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, PHYSICAL OR MENTAL DISABILITY, AGE, OR SEXUAL ORIENTATION, he OR SHE:

(3)  Ethnic intimidation COMMISSION OF A HATE CRIME is a class 1 misdemeanor; except that a violation of paragraph (a) of subsection (2) of this section is a class 5 felony.

(4)  The criminal penalty provided in this section for ethnic intimidation COMMISSION OF A HATE CRIME does not preclude the victim of such action from seeking any other remedies otherwise available under law.

(5)  FOR PURPOSES OF THIS SECTION:

(a)  "PHYSICAL OR MENTAL DISABILITY" REFERS TO A DISABILITY AS USED IN THE DEFINITION OF THE TERM "PERSON WITH A DISABILITY" IN SECTION 18­6.5­102 (3).

(b)  "SEXUAL ORIENTATION" MEANS A PERSON'S ORIENTATION TOWARD HETEROSEXUALITY, HOMOSEXUALITY, OR BISEXUALITY.

SECTION 2. 13­21­106.5 (1) and (2), Colorado Revised Statutes, 1987 Repl. Vol., as amended, are amended to read:

13­21­106.5.  Civil damages for destruction or bodily injury caused by a hate crime. (1)  The victim, or a member of the victim's immediate family, is entitled to recover damages from any person, organization, or association who commits or incites others to commit the offense of ethnic intimidation A HATE CRIME as defined in section 18­9­121 (2), C.R.S. Such person, organization, or association shall be civilly liable to the victim or a member of the victim's immediate family for the actual damages, costs, and expenses incurred in connection with said action. For purposes of this section, "immediate family" includes the victim's spouse and the victim's parent, sibling, or child who is living with the victim.

(2)  A conviction for criminal ethnic intimidation A HATE CRIME pursuant to section 18­9­121, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.

SECTION 3.  24­75­302 (2) (j), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 1998, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(j)  On July 1, 1997, fifty million dollars PLUS SEVENTY­THREE THOUSAND SIX HUNDRED THIRTY­SIX DOLLARS PURSUANT TO S.B. 97­100, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; and

SECTION 4.  Part 1 of article 1 of title 17, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­119.  Appropriation to comply with section 2­2­703. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT SB 97­100, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24­75­302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF SEVENTY­THREE THOUSAND SIX HUNDRED THIRTY­SIX DOLLARS.

SECTION 5. Effective date ­ applicability. This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date.

SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.