Second Regular Session
Sixty-first General Assembly
LLS NO. 980620.01 JAP
HOUSE BILL 981268
STATE OF COLORADO
BY REPRESENTATIVE Tate;
also SENATOR Rupert.
JUDICIARY
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.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that 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, 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 HAVING OR BEING PERCEIVED AS HAVING AN EMOTIONAL, PHYSICAL, OR SEXUAL ATTACHMENT TO ANOTHER PERSON WITHOUT REGARD TO THE SEX OF THAT PERSON OR HAVING OR BEING PERCEIVED AS HAVING A SELFIMAGE OR IDENTITY NOT TRADITIONALLY ASSOCIATED WITH ONE'S BIOLOGICAL MALENESS OR FEMALENESS.
SECTION 2. 1321106.5 (1) and (2), Colorado Revised Statutes, 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. Exception to the requirements of section 22703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to section 189121, Colorado Revised Statutes, enacted in this act will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections during the five years following passage of the act. Because of the relative insignificance of this degree of fiscal impact, these amendments to section 189121, Colorado Revised Statutes, are an exception to the fiveyear appropriation requirements specified in section 22703, Colorado Revised Statutes.
SECTION 4. No appropriation. Because of its minor fiscal impact, the general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 5. Effective date applicability. This act shall take effect July 1, 1998, 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.