SENATE BILL 124

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bill B. O'Neill

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING FOR ALTERATION OF A BASIC SENTENCE WHEN A CRIME IS MOTIVATED BY HATE AGAINST A HOMELESS PERSON; AMENDING THE HATE CRIMES ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 31-18B-1 NMSA 1978 (being Laws 2003, Chapter 384, Section 1) is amended to read:

     "31-18B-1. SHORT TITLE.--[This act] Chapter 31, Article 18B NMSA 1978 may be cited as the "Hate Crimes Act"."

     SECTION 2. Section 31-18B-2 NMSA 1978 (being Laws 2003, Chapter 384, Section 2, as amended) is amended to read:

     "31-18B-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. "disability" means that [the] a person has a physical or mental disability that substantially limits one or more of that person's functions, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;

          D. "homelessness" means that a person lacks a fixed, regular and adequate nighttime residence or has a primary nighttime residence that is:

                (1) a place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including cars, parks, public spaces, abandoned buildings or bus or train stations; or

                (2) a publicly or privately operated shelter designed to provide temporary living accommodations, including congregate shelters and transitional housing;

          [D.] E. "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] disability, homelessness, gender, sexual orientation or gender identity of the victim, whether or not the offender's belief or perception was correct; and

          [E.] F. "sexual orientation" means heterosexuality, homosexuality or bisexuality [whether actual or perceived]."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

- 3 -