OLR Amended Bill Analysis
sHB 5710 (as amended by House "A")*
AN ACT CONCERNING INTIMIDATION BASED ON BIGOTRY OR BIAS.
This bill:
1. creates the crimes of intimidation based on bigotry or bias in the first and third degree;
2. makes the crime of intimidation based on bigotry or bias a second- degree crime and makes related changes;
3. expands the statute on persistent offenders of crimes involving bigotry or bias to include the bill's new crimes;
4. creates a hate crimes diversion program under the accelerated rehabilitation (AR) program and allows the court to require people charged with certain bias crimes to participate in it;
5. allows the court, as a condition of probation or conditional discharge, to require an offender to participate in an anti-bias crime education program if he is convicted of (a) the bill's bigotry and bias crimes; (b) deprivation of rights, desecration of property, or cross burning; or (c) deprivation of a person's civil rights by a person wearing a mask or hood;
6. requires that basic or review training programs conducted or administered by the State Police, Police Officer Standards and Training Council, or municipal police departments include training on bigotry and bias crimes;
7. creates a Hate Crimes Advisory Committee in the Office of the Chief State's Attorney;
8. expands the requirement that local law enforcement officials report to the State Police on crimes of intimidation based on bigotry or bias to include the new bias crimes in the bill;
9. expands the civil cause of action for personal or property damage from acts that violate the criminal statute on intimidation based on bigotry or bias to include the new bias crimes in the bill; and
10. makes several conforming changes.
*House Amendment "A" eliminates provisions (1) creating a State Police hate crimes unit, (2) creating a Hate Crimes Training and Awareness Grant Program administered by the Office of Policy and Management, (3) requiring the State Board of Education to encourage and help school boards include hate crimes education and awareness in public schools, and (4) requiring psychosocial assessment and follow-up contact as part of the hate crimes diversion program.
EFFECTIVE DATE: July 1, 2001, except that provisions establishing first, second, and third degree bigotry and bias crimes and certain conforming changes are effective October 1, 2000.
CRIMES
First-Degree
The bill creates the crime of intimidation based on bigotry or bias in the first degree. A person commits this crime if he maliciously and with intent to intimidate or harass another person because of his actual or perceived race, religion, ethnicity, or sexual orientation causes serious physical injury to that person or a third person. This crime is a class C felony punishable by one to 10 years in prison, a fine of up to $10,000, or both.
Second-Degree
Under current law, a person is guilty of intimidation based on bigotry or bias if he acts maliciously and intends to intimidate or harass someone because of his race, religion, ethnicity, or sexual orientation by:
1. making physical contact with the victim;
2. damaging, destroying, or defacing property; or
3. threatening to do either of these things and gives the victim reasonable cause to believe he will carry out the threat.
The bill changes this provision by:
1. making it a crime in the second degree (but it maintains the existing class D felony penalty of up to five years in prison, a fine of up to $5,000, or both);
2. specifying that the perpetrator must act because of the victim's actual or perceived race, religion, ethnicity, or sexual orientation; and
3. eliminating the definition of "sexual orientation."
The bill also eliminates the current provision that specifies that this crime and the persistent offender law do not expand any civil rights remedies a victim of intimidation based on bigotry of bias has beyond those that existed on October 1, 1990.
Third-Degree
The bill creates the crime of intimidation based on bigotry or bias in the third degree. A person commits this crime if he intends to intimidate or harass a person or group of people because of their actual or perceived race, religion, ethnicity, or sexual orientation and (1) damages, destroys, or defaces any property or (2) threatens to do so by word or act or advocates or urges another person to do so and gives the victim reasonable cause to believe the act will occur.
This crime is a class A misdemeanor, punishable by up to one year in prison, a fine of up to $2,000, or both.
Persistent Offenders
The bill expands the law that provides higher penalties for a person convicted of certain bias crimes for a second time to include the new crimes in the bill.
As under current law, the court can sentence a persistent offender to the next highest sentence class. The court must find that the character and history of the individual and the nature and circumstances of the crime indicate that the increased penalty best serves the public interest.
HATE CRIMES DIVERSION PROGRAM
The bill creates a hate crimes diversion program under AR and allows the court to require participation in the program as a condition of probation. It applies to people charged with (1) deprivation of rights, desecration of property, and cross burning; (2) deprivation of a person's civil rights by a person wearing a mask or hood; and (3) the crimes of intimidation based on bigotry or bias in the first, second, and third degrees that the bill creates.
By law, people charged with certain crimes are excluded from participating in AR and someone charged with a class C felony must show "good cause" to participate. Because the new crime of intimidation based on bigotry or bias in the first degree is a class C felony, people charged with this crime must show "good cause" to participate in AR.
The bill requires the hate crimes diversion program to include an educational program and supervised community service. The Office of Adult Probation must contract with service providers, develop standards, and oversee the programs to ensure that they meet the bill's requirements.
The bill requires the defendant to pay the court a $425 fee, rather than the $100 fee paid by other AR participants. But the court cannot exclude a person who is unable to pay if it finds that he cannot pay based on his affidavit of indigency or inability to pay and the Office of Adult Probation confirms this.
The bill allows a person to attend a program in another state with similar or higher standards if his employment or residence makes it unreasonable to attend a program here. But the court must approve it, and the same application and program fees apply.
HATE CRIMES ADVISORY COMMITTEE
The bill requires the chief state's attorney to establish a Hate Crimes Advisory Committee. The committee (1) coordinates federal, state, and local efforts on enforcing bigotry and bias crime laws and programs increasing community awareness, reporting, and combating of these crimes and (2) makes recommendations on training police officers about bigotry and bias crimes.
BACKGROUND
Legislative History
On March 28, the House referred the bill to the Appropriations Committee, which favorably reported it. On April 7, the House referred the bill to the Public Safety Committee, which favorably reported it.
Deprivation of Rights, Desecration of Property, and Cross Burning
By law, it is a crime to:
1. deprive someone of any legally-guaranteed right because of his religion, national origin, alienage, color, race, sex, blindness, or physical disability;
2. intentionally desecrate any public property, monument, or structure; religious object, symbol, or house of worship; cemetery; or private structure; or
3. place a burning cross or simulation of one on public property or on private property without the written consent of the owner.
This crime is a class A misdemeanor punishable by up to one year in prison, a fine of up to $2,000, or both. If the crime causes more than $1,000 of property damage, it is a class D felony punishable by one to five years in prison, a fine of up to $5,000, or both.
Deprivation of a Person's Civil Rights by Person Wearing a Mask or Hood
By law, penalties are increased for the crimes involving depriving someone of his constitutional rights, desecrating property, or burning a cross under certain circumstances if the person (1) commits the crime while wearing a mask, hood, or other device designed to conceal his identity and (2) intends to deprive another person of any legally guaranteed right because of his religion, national origin, alienage, color, race, sex, blindness, or physical disability. This is a class D felony punishable by one to five years in prison, a fine of up to $5,000, or both.
Police Officer Standards and Training Council
This council, which is administratively within the Department of Public Safety, develops and updates police training programs, sets minimum course requirements, and certifies officers who have successfully completed minimum and review training, among other things.
Accelerated Rehabilitation
This program is for people accused of nonserious crimes or motor vehicle violations and who have no prior convictions or specified motor vehicle violations, have not previously been adjudged a youthful offender, who are not eligible for certain other pretrial programs, and who the court believes are unlikely to offend again. The program allows them to waive trial and be placed on probation for up to two years, subject to any conditions the court orders. All charges are dismissed on successful completion of probation.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea |
39 |
Nay |
0 |
Appropriations Committee
Joint Favorable Report
Yea |
41 |
Nay |
4 |
Public Safety Committee
Joint Favorable Report
Yea |
21 |
Nay |
1 |