AN ACT relating to hate crimes.

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AN ACT relating to hate crimes. 1
WHEREAS, the purpose of this Act is to provide increased penalties for those 2
convicted of crimes in which the victim was selected because of his or her actual or 3
perceived race, color, ethnicity, national origin, religion, mental or physical disability, 4
gender identity or expression, or sexual orientation; and 5
WHEREAS, the commission of hate crimes remains a prevalent issue to be 6
addressed in the Commonwealth of Kentucky; and 7
WHEREAS, on October 24, 2018, the Commonwealth of Kentucky was devastated 8
by the tragic loss of life at the Jeffersontown Kroger as the result of a hate crime; and 9
WHEREAS, according to the Federal Bureau of Inve stigation's 2017 Hate Crime 10
Statistics Report, law enforcement officials reported 378 hate crime incidents in the 11
Commonwealth of Kentucky; and 12
WHEREAS, according to the Federal Bureau of Investigation's 2017 Hate Crime 13
Statistics Report, the number of hat e crimes reported by law enforcement officers 14
increased by 83.5 percent in the Commonwealth of Kentucky from the years of 2016 to 15
2017; and 16
WHEREAS, the Commonwealth of Kentucky statutorily requires the reporting of 17
crimes which appear to be the result of, or reasonably related to, race, color, religion, sex, 18
or national origin; and 19
WHEREAS, the Commonwealth of Kentucky statutorily requires law enforcement 20
and certified peace officers to undergo training relating to the investigation of, response 21
to, and reporting of hate crimes; 22
NOW, THEREFORE, 23
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 24
SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) A defendant shall be subject to an enhanced term of imprisonment under 27
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subsection (3) of this section if he or she is convicted of a crime under KRS 1
Chapter 507, 507A, 508, 509, 510, o r 525 or KRS 512.020, 512.030, 513.020, 2
513.030, or 513.040, or of the attempt to commit a crime under one (1) or more of 3
those chapters or statutes, and it is proven beyond a reasonable doubt that: 4
(a) 1. The defendant intentionally selected the person ag ainst whom the 5
crime was committed; and 6
2. The primary motivation in selecting the person was that person's 7
actual or perceived race, color, ethnicity, national origin, religion, 8
mental or physical disability, gender identity or expression, or sexual 9
orientation; or 10
(b) 1. The defendant intentionally committed a crime against property 11
associated with a person; and 12
2. The primary motivation in selecting the property was the person's 13
actual or perceived race, color, ethnicity, national origin, religion, 14
mental or physical disability, gender identity or expression, or sexual 15
orientation. 16
(2) Unless a jury trial has been waived, when a defendant is convicted of a crime 17
described in subsection (1) of this section and the defendant is charged with 18
intentionally committing the underlying offense because of a person's actual or 19
perceived race, color, ethnicity, national origin, religion, mental or physical 20
disability, gender identity or expression, or sexual orientation: 21
(a) The court shall conduct a hearing, separat e from the proceeding that 22
resulted in the defendant's conviction for the underlying offense, to 23
determine whether the person intentionally committed the underlying 24
offense primarily because of a person's actual or perceived race, color, 25
ethnicity, nationa l origin, religion, mental or physical disability, gender 26
identity or expression, or sexual orientation; 27
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(b) The hearing shall be conducted by the same court and jury that convicted 1
the defendant of the underlying offense, unless the court for good cause 2
discharges that jury and impanels a new jury for that purpose; and 3
(c) The jury shall determine: 4
1. Whether, beyond a reasonable doubt, the person intentionally 5
committed the underlying offense primarily because of a person's 6
actual or perceived race, color , ethnicity, national origin, religion, 7
mental or physical disability, gender identity or expression, or sexual 8
orientation; and 9
2. The enhanced term of imprisonment to be imposed pursuant to 10
subsection (3) of this section, if any. 11
(3) When a defendant ha s been found to have intentionally committed an offense 12
described in subsection (1) of this section primarily because of a person's actual 13
or perceived race, color, ethnicity, national origin, religion, mental or physical 14
disability, gender identity or expression, or sexual orientation, his or her sentence 15
for the underlying offense shall be enhanced as follows: 16
(a) If the underlying offense is a Class A or B misdemeanor, the term of 17
imprisonment shall be increased by at least half of the maximum 18
imprisonment sentence for that misdemeanor and the fine shall be at least 19
half of the maximum fine amount for that misdemeanor as provided in KRS 20
534.040; 21
(b) If the underlying offense is a Class D felony, the term of imprisonment shall 22
be increased by one (1) to five (5) years; 23
(c) If the underlying offense is a Class C felony, the term of imprisonment shall 24
be increased by five (5) to ten (10) years; and 25
(d) If the underlying offense is a Class A or B felony, the term of imprisonment 26
shall be increased by ten (10) to twenty (20) years. 27
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(4) Any defendant who receives an enhanced term of imprisonment under this 1
section shall not be eligible for probation, shock probation, conditional discharge, 2
parole, or any other form of early release. 3
Section 2. KRS 15.334 is amended to read as follows: 4
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 5
to be taught to all students attending a law enforcement basic training course that 6
include but are not limited to: 7
(a) Abuse, neglect, and exploitation of the elderly and other crimes against the 8
elderly, including the use of multidisciplinary teams in the investigation and 9
prosecution of crimes against the elderly; 10
(b) 1. The dynamics of domestic violence, pediatric abusive head trauma, as 11
defined in KRS 620.020, child physical and sexual abuse, and rape; 12
child development; the effects of abuse and crime on adult and child 13
victims, including the impact of abuse and violence on child 14
development; legal remedies for pr otection; lethality and risk issues; 15
profiles of offenders and offender treatment; model protocols for 16
addressing domestic violence, rape, pediatric abusive head trauma, as 17
defined in KRS 620.020, and child abuse; available community 18
resources and victim services; and reporting requirements. 19
2. This training shall be developed in consultation with legal, victim 20
services, victim advocacy, and mental health professionals with 21
expertise in domestic violence, child abuse, and rape. 22
3. Training in recognizing pediatric abusive head trauma may be designed 23
in collaboration with organizations and agencies that specialize in the 24
prevention and recognition of pediatric abusive head trauma approved 25
by the secretary of the Cabinet for Health and Family Services; 26
(c) Human immunodeficiency virus infection and acquired immunodeficiency 27
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virus syndrome; 1
(d) Identification and investigation of, responding to, and reporting bias -related 2
crime, victimization, or intimidation that is a result of or reas onably related to 3
race, color, ethnicity,[religion, sex, or] national origin , religion, mental or 4
physical disability, gender identity or expression, or sexual orientation; 5
(e) The characteristics and dynamics of human trafficking, state and federal laws 6
relating to human trafficking, the investigation of cases involving human 7
trafficking, including but not limited to screening for human trafficking, and 8
resources for assistance to the victims of human trafficking; 9
(f) [Beginning January 1, 2017, The counci l shall require that a law enforcement 10
basic training course include ] At least eight (8) hours of training relevant to 11
sexual assault; and 12
(g) Education on female genital mutilation as defined in KRS 508.125, including 13
the risk factors associated with fema le genital mutilation, the criminal 14
penalties for committing female genital mutilation, and the psychological and 15
health effects on a victim of female genital mutilation. 16
(2) (a) The council shall develop and approve mandatory in -service training courses 17
to be presented to all certified peace officers. The council may promulgate 18
administrative regulations in accordance with KRS Chapter 13A setting forth 19
the deadlines by which all certified peace officers shall attend the mandatory 20
in-service training courses. 21
(b) [Beginning January 1, 2017, ] The council shall establish a forty (40) hour 22
sexual assault investigation training course. [After January 1, 2019, ]Agencies 23
shall maintain officers on staff who have completed the forty (40) hour sexual 24
assault investigation training course in accordance with the following: 25
1. Agencies with more than ten (10) but fewer than twenty -one (21) full -26
time officers shall maintain one (1) officer who has completed the forty 27
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(40) hour sexual assault investigation training course; 1
2. Agencies with twenty -one (21) or more but fewer than fifty -one (51) 2
full-time officers shall maintain at least two (2) officers who have 3
completed the forty (40) hour sexual assault investigation training 4
course; and 5
3. Agencies with fifty-one (51) or more full-time officers shall maintain at 6
least four (4) officers who have completed the sexual assault 7
investigation course. 8
(c) An agency shall not make an officer directly responsible for the investigation 9
or processing of sexual assault offenses unles s that officer has completed the 10
forty (40) hour sexual assault investigation training course. 11
(d) The council may, upon application by any agency, grant an exemption from 12
the training requirements set forth in paragraph (b) of this subsection if that 13
agency, by limitations arising from its scope of authority, does not conduct 14
sexual assault investigations. 15
(e) Any agency failing to comply with paragraph (b) or (c) of this subsection 16
shall, from the date the noncompliance commences, have one (1) year to 17
reestablish the minimum number of trained officers required. 18
(3) The Justice and Public Safety Cabinet shall provide training on the subjects of 19
domestic violence and abuse and may do so utilizing currently available 20
technology. All certified peace officers shall be required to complete this training at 21
least once every two (2) years. 22
(4) The council shall promulgate administrative regulations in accordance with KRS 23
Chapter 13A to establish mandatory basic training and in-service training courses. 24
Section 3. KRS 17.1523 is amended to read as follows: 25
(1) The uniform offense report shall contain provisions for obtaining information as to 26
whether or not specific crimes appear from their facts and circumstances to be 27
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caused as a result of or reasonably related to race, color, ethnicity,[religion, sex, or] 1
national origin , religion, mental or physical disability, gender identity or 2
expression, or sexual orientation. 3
(2) All law enforcement officers, when completing a uniform offen se report, shall note 4
on the report[thereon] whether or not the offense appears to be caused as a result of 5
or reasonably related to race, color, ethnicity,[religion, sex, or] national origin , 6
religion, mental or physical disability, gender identity or exp ression, or sexual 7
orientation, or attempts to victimize or intimidate another due to any of the 8
foregoing causes. 9
(3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 10
report on crimes which appear to have been caused b y the factors cited in 11
subsections (1) and (2) of this section. 12
SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) A person is guilty of using hate symbols to intimidate when he or she 15
intentionally uses, displays, or sends a symbol historically used as a symbol of 16
impending violence, and thereby places another person in reasonable 17
apprehension of physical injury. 18
(2) Using hate symbols to intimidate is a Class A misdemeanor. 19
Section 5. The following KRS sections are repealed: 20
49.320 Victim of hate crime deemed victim of criminally injurious conduct. 21
532.031 Hate crimes -- Finding -- Effect -- Definitions. 22
Section 6. The restrictions of KRS 6.945(1) shall not apply to Sections 1 to 4 of 23
this Act. 24