First Regular Session
Sixty-second General Assembly
LLS NO. 99-0329.01 Julie Pelegrin SENATE BILL 99-049
STATE OF COLORADO
BY SENATOR Rupert;
also REPRESENTATIVE Tate.
JUDICIARY
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING EXPANSION OF THE CRIME OF ETHNIC INTIMIDATION, AND, IN
102 CONNECTION THEREWITH, CHANGING THE NAME OF THE CRIME TO
103 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.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 18-9-121 (1), the introductory portion to 18-9-121
3 (2), and 18-9-121 (3) and (4), Colorado Revised Statutes, are amended,
4 and the said 18-9-121 is further amended BY THE ADDITION OF A
5 NEW SUBSECTION, to read:
6 18-9-121. Hate crimes. (1) The general assembly hereby finds
7 and declares that it is the right of every person, regardless of race, color,
8 ancestry, religion, or national origin, PHYSICAL OR MENTAL DISABILITY,
9 AGE, OR SEXUAL ORIENTATION, to be secure and protected from fear,
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 intimidation, harassment, and physical harm caused by the activities of
2 individuals and groups. The general assembly further finds that the
3 advocacy of unlawful acts against persons or groups because of a person's
4 or group's race, color, ancestry, religion, or national origin, PHYSICAL OR
5 MENTAL DISABILITY, AGE, OR SEXUAL ORIENTATION, for the purpose of
6 inciting and provoking bodily injury or damage to property, poses a threat
7 to public order and safety and should be subject to criminal sanctions.
8 (2) A person commits ethnic intimidation A HATE CRIME if, with
9 the intent to intimidate or harass another person because of that person's
10 race, color, religion, ancestry, or national origin, PHYSICAL OR MENTAL
11 DISABILITY, AGE, OR SEXUAL ORIENTATION, he OR SHE:
12 (3) Ethnic intimidation COMMISSION OF A HATE CRIME is a class
13 1 misdemeanor; except that a violation of paragraph (a) of subsection (2)
14 of this section is a class 5 felony.
15 (4) The criminal penalty provided in this section for ethnic
16 intimidation COMMISSION OF A HATE CRIME does not preclude the victim
17 of such action from seeking any other remedies otherwise available under
18 law.
19 (5) FOR PURPOSES OF THIS SECTION:
20 (a) "PHYSICAL OR MENTAL DISABILITY" REFERS TO A DISABILITY AS
21 USED IN THE DEFINITION OF THE TERM "PERSON WITH A DISABILITY" IN
22 SECTION 18-6.5-102 (3).
23 (b) "SEXUAL ORIENTATION" MEANS ACTUAL OR PERCEIVED
24 EMOTIONAL, PHYSICAL, OR SEXUAL ATTACHMENT TO ANOTHER PERSON
25 WITHOUT REGARD TO THE SEX OF THAT PERSON OR A SELF-IMAGE OR
26 IDENTITY NOT TRADITIONALLY ASSOCIATED WITH ONE'S BIOLOGICAL SEX.
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1 SECTION 2. 13-21-106.5 (1) and (2), Colorado Revised Statutes,
2 are amended to read:
3 13-21-106.5. Civil damages for destruction or bodily injury
4 caused by a hate crime. (1) The victim, or a member of the victim's
5 immediate family, is entitled to recover damages from any person,
6 organization, or association who commits or incites others to commit the
7 offense of ethnic intimidation A HATE CRIME as defined in section
8 18-9-121 (2), C.R.S. Such person, organization, or association shall be
9 civilly liable to the victim or a member of the victim's immediate family
10 for the actual damages, costs, and expenses incurred in connection with
11 said action. For purposes of this section, "immediate family" includes the
12 victim's spouse and the victim's parent, sibling, or child who is living with
13 the victim.
14 (2) A conviction for criminal ethnic intimidation A HATE CRIME
15 pursuant to section 18-9-121, C.R.S., shall not be a condition precedent
16 to maintaining a civil action pursuant to the provisions of this section.
17 SECTION 3. 24-4.1-302 (1) (cc.3), Colorado Revised Statutes,
18 is amended to read:
19 24-4.1-302. Definitions. As used in this part 3, and for no other
20 purpose, including the expansion of the rights of any defendant:
21 (1) "Crime" means any of the following offenses as defined by the
22 statutes of the state of Colorado, whether committed by an adult or a
23 juvenile:
24 (cc.3) Ethnic intimidation HATE CRIME, in violation of section
25 18-9-121, C.R.S.;
26 SECTION 4. Exception to the requirements of section 2-2-703,
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1 Colorado Revised Statutes. The general assembly hereby finds that the
2 amendments to section 18-9-121, Colorado Revised Statutes, enacted in
3 this act will result in the minor fiscal impact of one additional offender
4 being convicted and sentenced to the department of corrections during the
5 five years following passage of the act. Because of the relative
6 insignificance of this degree of fiscal impact, these amendments to
7 section 18-9-121, Colorado Revised Statutes, are an exception to the
8 five-year appropriation requirements specified in section 2-2-703,
9 Colorado Revised Statutes.
10 SECTION 5. No appropriation. Because of its minor fiscal
11 impact, the general assembly has determined that this act can be
12 implemented within existing appropriations, and therefore no separate
13 appropriation of state moneys is necessary to carry out the purposes of
14 this act.
15 SECTION 6. Effective date - applicability. This act shall take
16 effect July 1, 1999, and shall apply to offenses committed on or after said
17 date.
18 SECTION 7. Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the immediate
20 preservation of the public peace, health, and safety.