SB 344

Current law provides an enhanced penalty for certain crimes if the person

committing the crime intentionally selects the victim based on his or her belief or

perception of the victim's race, religion, color, disability, sexual orientation, national

origin, or ancestry. This bill provides an enhanced penalty for certain crimes if the

person committing the crime intentionally selects the victim based on his or her

belief or perception of the victim's gender. The penalty enhancer revises the

maximum fine and the maximum term of imprisonment for the crime, and the

revision is based on the classification of the underlying crime. If the underlying

crime is a Class B or Class C misdemeanor, the revised maximum fine is $10,000 and

the revised maximum term of imprisonment is one year in the county jail. If the

underlying crime is a Class A misdemeanor, the penalty enhancer changes the status

of the crime to a felony and the revised maximum fine is $10,000 and the revised

maximum term of imprisonment is two years. If the underlying crime is a felony, the

maximum fine may be increased by not more than $5,000 and the maximum term

of imprisonment may be increased by not more than five years.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.