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21LSO-0155
2021
STATE OF WYOMING
21LSO-0155
Numbered
2.0
HOUSE BILL NO. HB0218
Bias motivated crime.
Sponsored by: Representative(s) Sweeney, Barlow, Brown, Connolly, Duncan, Henderson, Newsome, Paxton, Yin and Zwonitzer and Senator(s) Furphy, Pappas, Perkins and Rothfuss
A BILL
for
AN ACT relating to bias motivated crimes; creating additional elements for bias motivated crimes; creating enhanced penalties for bias motivated crimes; providing that the court shall consider whether a crime is bias motivated during sentencing; creating a civil cause of action; providing for antibias training of peace officers as specified; requiring reports; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 1
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1
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141, 6
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10
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401,
7
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1
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110
and 9
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1
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712 are created to read:
1
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1
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141.
Civil liability for bias motivated crime.
(a)
"Bias motivated crime" means as defined in W.S. 6
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10
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401.
(b)
Any person injured or damaged or who owns property that is damaged as a result of a violation of W.S. 6
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10
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401 shall have a civil cause of action against all persons who committed the offense. In addition to other legal remedies the plaintiff in a civil action authorized under this section may recover special damages, punitive damages and attorneys' fees and costs.
(c)
Notwithstanding any other provision of
law
the parent or legal guardian of any unemancipated minor shall be liable for any judgment rendered against the minor under this section if:
(i)
The parent or guardian has custody of the minor; and
(ii)
The minor is living with the parent or guardian.
ARTICLE 4
BIAS MOTIVATED CRIMES
6
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10
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401.
Bias
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motivated crimes.
(a)
A person commits a bias
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motivated crime if the person:
(i)
Intentionally selects a person or property to be affected by the commission of a crime specified in paragraph (ii) of this subsection, in whole or in part because of the actual or perceived race, color, ethnicity, religion, national origin, sexual orientation, sex, gender, gender identity or expression, or physical, intellectual or developmental disability of the person affected regardless of whether the belief or perception of the person committing the crime was correct; and
(ii)
Violates any of the following sections of the Wyoming statute 6
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2
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101, 6
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2
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104, 6
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2
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105, 6
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2
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202, 6
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2
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203, 6
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2
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302, 6
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2
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303, 6
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2
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313, 6
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2
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501(a), 6
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2
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501(b), 6
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2
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502, 6
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2
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503, 6
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2
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507, 6
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2
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509, 6
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2
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511, 6
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3
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103 and 6
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3
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201.
(b)
A court shall not consider for purposes of sentencing whether a crime was a bias motivated if any of the elements in paragraph (a)(i) of this section are
already required for conviction of the underlying offense listed in paragraph (a)(ii) of this section.
(c)
If the offense committed under subsection (a) of this section is a misdemeanor, in addition to other penalties provided by law the court may require the defendant to engage in community service, treatment, education relating to bias motivated crimes or any combination thereof.
(d)
The court shall consider whether a crime was a bias motivated crime as prohibited by W.S.
6
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10
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401
as a factor during sentencing.
7
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1
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110.
Bias motivated crime reporting.
(a)
Beginning January 1, 2020, each criminal justice agency shall report monthly to the Wyoming attorney general's office division of criminal investigation all incidents believed or alleged to be bias motivated crimes as defined in W.S. 6
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10
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401, regardless of whether the incident resulted in arrest, prosecution or conviction to the Wyoming attorney general's office division of criminal investigation in a manner prescribed by the division. Reports shall be submitted on uniform forms approved and provided by the division. As used in this section, "division" means the Wyoming attorney general's office division of criminal investigation.
(b)
At least annually, the division shall compile a statistical report that shall include the information received pursuant to subsection (a) of this section.
Copies of the statistical report shall be published in the "Uniform Crime Reporting, Crime in Wyoming" publication and shall be made available to the public upon request. Reports
shall not include the names of any of the persons involved in an incident or any information which would serve to identify any individual person.
(c)
Information received by the division shall be used only as provided in this section, for research and statistical purposes or as authorized in W.S. 9
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1
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627. Information compiled by the division under this section shall not include the names of any of the persons involved in an incident or any information which would serve to identify any individual person convicted or alleged to have committed a crime.
(d)
Each criminal justice agency shall submit data regarding the occurrence of bias motivated crimes to the Federal Bureau of Investigation in accordance with guidelines established under 34 U.S.C. 41305.
9
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1
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712.
Peace officer; bias motivated crime training.
All law enforcement officers shall be required to attend and the Wyoming attorney general's office division of victim services shall, pursuant to W.S. 9
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1
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638(a)(iv),
provide training to all peace officers in the state to include training on identifying, responding to and reporting bias motivated crimes. The training shall be required of all recruits, in
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service trainees and attendees of the Wyoming law enforcement academy.
Section 2.
W.S. 9
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1
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633(d) is amended to read:
9
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1
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633.
Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.
(d)
The academy shall provide education in law enforcement related areas to Wyoming peace officers. The attorney general shall be assisted
by, and
shall have the curriculum and training programs at the academy evaluated by the Wyoming peace officer standards and training commission.
The education provided to Wyoming peace
officers shall include bias motivated crime training as required by W.S. 9
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1
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712.
Section 3
.
This act is effective July 1, 2021
.
(END)
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HB0218