AB 199

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.

The bill also creates a civil cause of action for a person who suffers physical,

emotional, or economic harm as a result of a gender-based act. Under the bill, a

gender-based act is a physical act of violence that is committed, at least in part, on

the basis of the victim's gender or sexual intercourse or contact that the actor

commits under coercive conditions. Under the bill, if the actor has previously

committed either of these acts against the victim, a threat to commit either of those

acts is also a gender-based act.

Under the bill, a victim must commence a civil action against the actor within

seven years after the gender-based act occurs or, if the victim is under the age of 18,

within seven years after the victim's 18th birthday. A victim who prevails in a civil

action for a gender-based act may recover damages for emotional distress, punitive

damages, and investigation or litigation costs, including attorney fees. The bill

specifies that a cause of action exists only against the individual who committed the

gender-based act.

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.