No. SB 1388
Filed under Criminal Justice.
Offenses Evidencing Prejudice; Expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; replacing the term “mental or physical disability” with the term “disability” and revising the definition; requiring that the reclassification of a certain offense occur if the offense was based in whole or in part on a disability of any person, etc.
Plain English Summary
AI-GENERATEDThe bill adds gender and gender identity to the list of protected characteristics that trigger enhanced penalties for bias-motivated crimes. This change applies to all felonies and misdemeanors, not just specific offenses.
It replaces the narrow definition of disability with a broader standard, aligning it with federal civil rights law. This means more people will qualify for enhanced sentencing if a crime is motivated by their disability.
The law now requires reclassification if the offense was based in whole or in part on a protected characteristic. Previously, the bias had to be the primary motivation for the crime to trigger the penalty increase.
It expands the scope of the Hate Crimes Reporting Act to include gender and disability data. Law enforcement agencies must now collect and report monthly statistics on these specific types of bias-motivated incidents.
AIChanges the trigger for enhanced penalties from prejudice based entirely on a protected characteristic to prejudice based in whole or in part on it.
AIReplaces the term "victim" with "any person" in the prejudice offense statutes, allowing the enhanced penalty to apply when the targeted individual is not the direct victim of the underlying crime.
AIReplaces the narrow definition of mental or physical disability with a broader definition based on substantial limitation of major life activities.
AIRequires the Department of Law Enforcement to collect and disseminate data on prejudice-based crimes involving gender, gender identity, and disability.