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HB 426 - Increase Penalties for Bias-Motivated Crime - Georgia Key Vote

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Title: Increase Penalties for Bias-Motivated Crime

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that increases penalties for bias-motivated crimes.

Highlights:

 

  • Requires a judge to impose a sentence for offenses in which the defendant intentionally selected any victim or any property of a victim because of their actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability that includes (Sec. 1):

    • Imprisonment for a period of not less than 6 nor more than 12 months, and a fine not to exceed $5,000 for a designated misdemeanor; and

    • Imprisonment for a period of not less than 2 years, and a fine not to exceed $5,000 for a felony.

  • Defines a “designated misdemeanor” as simple assault, simple battery, battery, criminal trespass, and misdemeanor theft by taking (Sec. 1).

  • Requires a law enforcement officer investigating a crime in which it appears the defendant intentionally selected any victim or any property of a victim because of their actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability to submit a written ‘Bias Crime Report’ for the incident to their supervisor with information including but not limited to (Sec. 2):

    • The names of the parties;

    • Relationship of the parties;

    • Sex and gender of the parties;

    • Race of the parties; 

    • The religion of the parties; 

    • Dates of birth of the parties; 

    • Whether there is evidence to indicate that the incident occurred because of a person’s actual or perceived attributes;

    • Existence of any objects or symbols associated with the terrorizing of persons based upon actual or perceived attributes;

    • Type and extent of the alleged violation; and

    • Type of police action taken in the disposition of the case.

  • Requires each police department to report all incidents involving alleged criminal violations subject to the provisions of this bill to the Georgia Bureau of Investigation to be published annually in the Georgia Uniform Crime Reports (Sec. 2). 

  • Repeals all laws and parts of laws in conflict with this bill’s provisions (Sec. 3).

See How Your Politicians Voted

Title: Increase Penalties for Bias-Motivated Crime

Vote Smart's Synopsis:

Vote to amend and pass a bill that increases penalties for bias-motivated crimes.

Highlights:

 

  • Requires a judge to impose a sentence for offenses in which the defendant intentionally selected any victim or any property of a victim because of their actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability that includes (Sec. 1):

    • Imprisonment for a period of not less than 6 nor more than 12 months, and a fine not to exceed $5,000 for a designated misdemeanor; and

    • Imprisonment for a period of not less than 2 years, and a fine not to exceed $5,000 for a felony.

  • Defines a “designated misdemeanor” as simple assault, simple battery, battery, criminal trespass, and misdemeanor theft by taking (Sec. 1).

  • Requires a law enforcement officer investigating a crime in which it appears the defendant intentionally selected any victim or any property of a victim because of their actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability to submit a written ‘Bias Crime Report’ for the incident to their supervisor with information including but not limited to (Sec. 2):

    • The names of the parties;

    • Relationship of the parties;

    • Sex and gender of the parties;

    • Race of the parties; 

    • The religion of the parties; 

    • Dates of birth of the parties; 

    • Whether there is evidence to indicate that the incident occurred because of a person’s actual or perceived attributes;

    • Existence of any objects or symbols associated with the terrorizing of persons based upon actual or perceived attributes;

    • Type and extent of the alleged violation; and

    • Type of police action taken in the disposition of the case.

  • Requires each police department to report all incidents involving alleged criminal violations subject to the provisions of this bill to the Georgia Bureau of Investigation to be published annually in the Georgia Uniform Crime Reports (Sec. 2). 

  • Repeals all laws and parts of laws in conflict with this bill’s provisions (Sec. 3).

Title: Increase Penalties for Bias-Motivated Crime

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