§ 12-19-38 - Hate Crimes Sentencing Act.
SECTION 12-19-38
§ 12-19-38 Hate Crimes Sentencing Act.– (a) If any person has been convicted of a crime charged by complaint,information, or indictment in which he or she intentionally selected the personagainst whom the offense is committed or selected the property that is damagedor otherwise affected by the offense because of the actor's hatred or animustoward the actual or perceived disability, religion, color, race, nationalorigin or ancestry, sexual orientation, or gender of that person or the owneror occupant of that property, he or she shall be subject to the penaltiesprovided in this section.
(b) Whenever it appears that a person may be subject to theHate Crime Sentencing Act, the prosecuting agency, in no case later than thepretrial conference, shall file with the court a notice specifying that thedefendant, upon conviction, is subject to the imposition of sentencing inaccordance with this section.
(c) For misdemeanor offenses, upon any plea of guilty or nolocontendere or verdict or finding of guilty of the defendant, the district courtshall conduct a sentencing hearing. At the hearing, the court shall permit theprosecuting agency and the defense to present additional evidence relevant tothe determination of whether the defendant intentionally selected the personagainst whom the offense is committed, or selected the property that isdamaged, or otherwise affected by the offense because of his or her hatred oranimus toward the actual or perceived race, religion, color, disability,national origin or ethnicity, gender, or sexual orientation of that person orthe owner or occupant of that property. If the finder of fact at the hearing,or in the case of a plea of guilty or nolo contendere, the district court atsentencing, determines beyond a reasonable doubt that the defendant's actionswere so motivated, he or she shall be sentenced to not less than thirty (30)days mandatory imprisonment, nor more than one year imprisonment for thatcrime: and for this penalty, he or she shall not be afforded the provisions offiling, suspension of sentence, or probation.
(d) For felony offenses and for misdemeanor offenses in whichthe defendant claims a jury trial either in the first instance or by appeal,upon any plea of guilt or nolo contendere or verdict or finding of guilt of thedefendant, the court shall conduct a sentencing hearing. At the hearing, thecourt shall permit the prosecuting agency and the defense to present additionalevidence to the jury relevant to the determination of whether the defendantintentionally selected the person against whom the offense is committed, orselected the property that is damaged, or otherwise affected by the offensebecause of his or her hatred or animus toward the actual or perceived race,religion, color, disability, national origin or ethnicity, gender, or sexualorientation of that person or the owner or occupant of that property. If thejury at the hearing, or in the case of a plea of guilty or nolo contendere, thecourt at sentencing, determines beyond a reasonable doubt that the defendant'sactions were so motivated, he or she shall be sentenced for a misdemeanor inaccordance with subsection (c) of this section and for a felony by the court toan additional, consecutive term of imprisonment for not less than one year normore than five (5) years, but in no case, more than double the original penaltyfor the crime.