Report Title:

Crimes

 

Description:

Establishes hate crimes law.

HOUSE OF REPRESENTATIVES

H.B. NO.

801

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO hate CRIMES.

 

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

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706- Hate crimes; reclassification of underlying offense. If the person who is convicted of any felony, misdemeanor, or petty misdemeanor offense is found to have intentionally selected the victim or the victim's property because of the victim's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, national origin, or age, the underlying offense of which the person was convicted shall be reclassified, and punishment imposed as follows:

(a) Where the underlying offense is a petty misdemeanor, it shall be punishable as a misdemeanor;

(b) Where the underlying offense is a misdemeanor, it shall be punishable as a class C felony;

(c) Where the underlying offense is a class C felony, it shall be punishable as a class B felony;

(d) Where the underlying offense is a class B felony, it shall be punishable as a class A felony; and

(e) Where the underlying offense is a class A felony, the maximum fine authorized under section 706-640 shall be doubled and a mandatory twenty-year term of imprisonment shall be imposed."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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