SENATE BILL NO. 213

INTRODUCED BY L. GROSFIELD, R. CLARK

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING ENHANCED SENTENCES FOR CRIMES THAT ARE COMMITTED FOR A DISCRIMINATORY PURPOSE; AND PROVIDING AN EFFECTIVE DATE."

WHEREAS, criminal offenses should not be created because of the popular sentiment of public opinion at a specific point in time; and

WHEREAS, the creation of criminal offenses for already prohibited conduct gives rise to the appearance that the conduct was not already criminal or, alternatively, that in declining to create an additional criminal offense, the Legislature condones the already prohibited conduct; and

WHEREAS, the creation of criminal offenses with respect to some classes of victims but not others is discriminatory against classes omitted and creates the illusion or reality of a special protective status for some classes of victims; and

WHEREAS, the determination that a crime was committed for an invidious reason or because of the bigotry of the offender should be made by the court and taken into account in sentencing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Sentence for crimes committed for discriminatory reasons. (1) When imposing a criminal sentence, the sentencing judge may make a finding that the offender purposely or knowingly selected the victim against whom the crime was committed or purposely or knowingly selected property that was damaged, defaced, or otherwise affected because of the actual or perceived position, employment, dignity, or status of any person. If the court makes the finding, the court shall impose any of the restrictions or conditions on the sentence that are provided for in 46-18-202(1) and (2). In addition, if the court imposes a sentence of imprisonment, the court shall add an additional 6 months for the offense up to the maximum permissible sentence for the crime, or if a criminal fine is imposed, the court shall add an additional $500 up to the maximum permissible fine.

(2) For purposes of this section, the following definitions apply:

(a) "Defaced" includes but is not limited to cross-burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activity on the property of another, without the person's permission, or on public property.

(b) "Dignity" means those aspects of individual dignity specifically enumerated in Article II, section 4, of the Montana constitution.

(c) "Position" means social, community, or professional position.

(d) "Status" means lifestyle, character, reputation, or physical or mental appearance or condition.

NEW SECTION. Section 2. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 46, chapter 18, part 2, and the provisions of Title 46, chapter 18, part 2, apply to [section 1].

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.

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