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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.