Sentencing enhancement-bias motivated crimes.

2016
STATE OF WYOMING
16LSO-0356
Introduced
1.4

HOUSE BILL

NO.

HB0109

Sentencing enhancement-bias motivated crimes.

Sponsored by:
Representative(s) Pelkey, Blake, Connolly, Esquibel, K., Freeman, Schwartz, Throne and Zwonitzer, Dn. and Senator(s) Craft and Esquibel, F.

A BILL

for

AN ACT relating to crimes and offenses; establishing a sentencing enhancement for bias motivated crimes as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
10
‑
401 is created to read:

ARTICLE 4
Bias Motivated Crimes

6
‑
10
‑
401
.

Sentencing enhancement for bias motivated crimes.

(a)

Except as provided in subsection (b) of this section, i
f
a defendant is convicted of a violent felony
and t
he
judge or
jury has found
in a charge brought and tried separately that
the defendant
intentionally
committed the violent felony
in whole or in substantial part because of
the victim's actual or perceived race, religion, color, sex
, sexual orientation
, gender identity
or national origin
, the court
shall

impose
a
n additional
sentence
for a
term
of imprisonment
equal to
twenty
‑
five percent (25%) of the term of imprisonment
imposed by the court for the underlying offense
.
Notwithstanding any other provision of law, the additional term of imprisonment imposed by the court under this subsection may exceed the maximum term of imprisonment provided by law for the underlying offense.

(b)

The court may strike any additional term of imprisonment imposed by subsection (a) of this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional term of imprisonment.

Section

2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0109