2008 House Bill 6341

Create “bias-motivated” crime

Introduced in the House

July 23, 2008

Introduced by Rep. Paul Condino (D-35)

To establish a new “bias-motivated” criminal offense for a person who selects the target of a violent crime or property crime based on victim’s disability; gender; national origin or ancestry; race, color, or ethnicity; religion; sexual orientation, gender identity, or expression of gender; or a person’s or group’s association with one or more of these. Violations would be subject to up to two years in prison and a $5,000 fine if the underlying (“predicate”) crime is a misdemeanor, and up to 50 percent more than the sentence authorized for the predicate crime if it is a felony. A person could not be convicted of both the predicate crime and the “bias-motivated” crime (prosecutors would have to choose one or the other).

Referred to the Committee on Judiciary

Nov. 13, 2008

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Lorence Wenke (R-63)

To include veterans in the groups qualifying for the enhanced penalties.

The amendment passed by voice vote

Passed in the House 81 to 18 (details)

To establish a new “bias-motivated” criminal offense for a person who selects the target of a violent crime or property crime based on victim’s disability; gender; national origin or ancestry; race, color, or ethnicity; religion; sexual orientation, gender identity, or expression of gender; being a veteran; or a person’s or group’s association with one or more of these. Violations would be subject to up to two years in prison and a $5,000 fine if the underlying (“predicate”) crime is a misdemeanor, and up to 50 percent more than the sentence authorized for the predicate crime if it is a felony. A person could not be convicted of both the predicate crime and the “bias-motivated” crime (prosecutors would have to choose one or the other).

Received in the Senate

Dec. 2, 2008

Referred to the Committee on Judiciary