AN ACT
RELATING TO CRIMINAL SENTENCING; PROVIDING FOR ALTERATION OF
A BASIC SENTENCE OF IMPRISONMENT WHEN A HATE CRIME IS COMMITTED; PROVIDING FOR
HATE CRIME DATA COLLECTION AND POLICE TRAINING; REPEALING A SECTION OF THE NMSA
1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"Hate Crimes Act".
Section 2. DEFINITIONS.--As used in the Hate Crimes Act:
A. "age" means sixty years of age or
older;
B. "gender identity" means a person's
self‑perception, or perception of that person by another, of the person's
identity as a male or female based upon the person's appearance, behavior or
physical characteristics that are in accord or opposed to the person's physical
anatomy, chromosomal sex or sex at birth;
C. "handicapped status" means that the
person has a physical or mental impairment that substantially limits one or
more of that person's functions, such as caring for himself, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working;
D. "motivated by hate" means the
commission of a crime with the intent to commit the crime because of the actual
or perceived race, religion, color, national origin, ancestry, age, handicapped
status, gender, sexual orientation or gender identity of the victim, whether or
not the offender's belief or perception was correct; and
E. "sexual orientation" means
heterosexuality, homosexuality or bisexuality, whether actual or perceived.
Section 3. HATE CRIMES--NONCAPITAL FELONIES,
MISDEMEANORS OR PETTY MISDEMEANORS COMMITTED BECAUSE OF THE VICTIM'S ACTUAL OR
PERCEIVED RACE, RELIGION, COLOR, NATIONAL ORIGIN, ANCESTRY, AGE, HANDICAPPED
STATUS, GENDER, SEXUAL ORIENTATION OR GENDER IDENTITY--ALTERATION OF BASIC
SENTENCE.‑‑
A. When a separate finding of fact by the court
or jury shows beyond a reasonable doubt that an offender committed a noncapital
felony motivated by hate, the basic sentence of imprisonment prescribed for the
offense in Section 31-18-15 NMSA 1978 may be increased by one year. An increase in the basic sentence of
imprisonment pursuant to the provisions of this subsection shall be in addition
to an increase in a basic sentence prescribed for the offense in Section 31‑18‑17
NMSA 1978. A sentence imposed pursuant
to the provisions of this subsection may include an alternative sentence that
requires community service, treatment, education or any combination
thereof. The court may suspend or defer
any or all of the sentence or grant a conditional discharge, unless otherwise
provided by law.
B. If a finding was entered in a previous case
that the offender was convicted for committing a crime that was motivated by
hate, and if a separate finding of fact by the court or jury shows beyond a
reasonable doubt that in the instant case the offender committed a noncapital
felony that was motivated by hate, the basic sentence of imprisonment
prescribed for the offense in Section 31-18-15 NMSA 1978 may be increased by
two years. An increase in the basic
sentence of imprisonment pursuant to the provisions of this subsection shall be
in addition to an increase in a basic sentence prescribed for the offense in
Section 31‑18‑17 NMSA 1978.
A sentence imposed pursuant to the provisions of this subsection may
include an alternative sentence that requires community service, treatment,
education or any combination thereof.
The court may suspend or defer any or all of the sentence, or grant a
conditional discharge unless otherwise provided by law.
C. If the case is tried before a jury and if a
prima facie case has been established showing that in the commission of the
offense the offender was motivated by hate, the court shall submit the issue to
the jury by special interrogatory. If
the case is tried by the court and if a prima facie case has been established
showing that in the commission of the offense the offender was motivated by
hate, the court shall decide the issue and shall make a separate finding of
fact regarding the issue. If the court
or jury determines that the offender is guilty of the crime and finds beyond a
reasonable doubt that the offender was motivated by hate, the court shall
include that determination in the judgment and sentence.
D. When a petty misdemeanor or a misdemeanor is
motivated by hate, the basic sentence of imprisonment prescribed for the
offense in Section 31-19-1 NMSA 1978 may include an alternative sentence that
requires community service, treatment, education or any combination thereof. The court may suspend or defer any or all of
the sentence or grant a conditional discharge, unless otherwise provided by
law.
Section 4. HATE CRIMES--DATA COLLECTION.--Every district
attorney and every state, county and municipal law enforcement agency, to the
maximum extent possible, shall provide the federal bureau of investigation with
data concerning the commission of a crime motivated by hate, in accordance with
guidelines established pursuant to the federal Hate Crime Statistics Act.
Section 5. HATE CRIMES--LAW ENFORCEMENT TRAINING.--
A. No later than December 31, 2003, the New
Mexico law enforcement academy board shall develop and incorporate into the
basic law enforcement training required, pursuant to the Law Enforcement
Training Act, a course of instruction at least two hours in length concerning
the detection, investigation and reporting of a crime motivated by hate.
B. The New Mexico law enforcement academy board
shall develop a course of instruction, learning and performance objectives and
training standards, in conjunction with appropriate groups and individuals that
have an interest in and expertise regarding crimes motivated by hate. The groups and individuals shall include law
enforcement agencies, law enforcement academy instructors, experts on crimes
motivated by hate and members of the public.
C. In-service law enforcement training, as
required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least two
hours of instruction that conform with the requirements set forth in Subsection
B of this section.
D. Each certified regional law enforcement
training facility shall incorporate into its basic law enforcement training and
in-service law enforcement training a course of training described in
Subsection B of this section that is comparable to or exceeds the standards of
the course of instruction developed by the New Mexico law enforcement academy
board.
Section 6. REPEAL.--Section 31-18-16.1 NMSA 1978 (being
Laws 1980, Chapter 36, Section 1, as amended) is repealed.
Section 7. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.