The proposed bill would amend current statutes to establish enhanced sentencing and classification provisions for certain offenses committed out of hostility toward a victim based on their identity characteristics, such as race, gender, or political affiliation. Specifically, it would insert new language that mandates increased prison sentences for felony offenses committed with such hostility, making offenders ineligible for suspension of sentence, probation, or release until their sentence is fully served. The bill also specifies that the presumptive, minimum, and maximum sentences for qualifying crimes would be increased by three years for class 4, 5, or 6 felonies, and by five years for class 2 or 3 felonies. Additionally, it would expand the list of protected identity groups to include political expression and affiliation, and require the Department of Public Safety to collect data on crimes motivated by prejudice against these groups.

Current law, which includes various aggravating factors for sentencing, would remain unchanged except for the specific enhancements introduced by this bill. The bill would delete certain outdated language and clarify that constitutional rights to free speech are not affected by these new provisions. Furthermore, it would raise the penalties for specific misdemeanors, such as assault and criminal damage, if committed out of hostility toward a victim based on their identity. Overall, the bill aims to strengthen legal responses to hate-motivated crimes while ensuring that constitutional rights are preserved.

Statutes affected:
Introduced Version: 13-722, 13-1203, 13-1602, 13-4903, 13-4904, 41-1750, 13-1204, 13-2308.02, 13-2904, 13-2922, 31-233, 41-1604.07, 13-3102, 13-4902, 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410, 13-411, 13-1103, 13-1104, 13-1105, 13-1304, 13-1507, 13-1508, 13-1703, 13-1704, 13-1904, 13-2308.01