Kentucky Statutes 532.031 – Hate crimes — Finding — Effect — Definitions
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(1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals or because of a person’s actual or perceived employment as a state, city, county, or federal peace officer, member of an organized fire department, or emergency medical services personnel, violates a provision of any one (1) of the following:
(a) KRS § 508.010, 508.020, 508.025, or 508.030; (b) KRS § 508.050 or 508.060;
(c) KRS § 508.100 or 508.110; (d) KRS § 509.020;
(e) KRS § 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or
510.110;
(f) KRS § 512.020, 512.050, or 512.060;
(g) KRS § 513.020, 513.030, or 513.040; or
(h) KRS § 525.020, 525.050, 525.060, 525.070, or 525.080.
(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.
(3) The finding that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the sentencing judge as the sole factor for denial of probation, shock probation, conditional discharge, or other form of nonimposition of a sentence of incarceration.
(4) The finding by the sentencing judge that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the Parole Board in delaying or denying parole to a defendant.
(5) As used in this section:
(a) “Emergency medical services personnel” has the same meaning as in KRS
311A.010; and
(b) “Member of an organized fire department, or emergency medical services personnel” includes volunteers, if the violation occurs while the volunteer is performing duties with an organized fire department or as emergency medical services personnel.
Effective: June 29, 2017
History: Amended 2017 Ky. Acts ch. 27, sec. 1, effective June 29, 2017. — Amended
2000 Ky. Acts ch. 541, sec. 6, effective July 14, 2000. — Created 1998 Ky. Acts ch.
606, sec. 51, effective July 15, 1998.
(a) KRS § 508.010, 508.020, 508.025, or 508.030; (b) KRS § 508.050 or 508.060;
Terms Used In Kentucky Statutes 532.031
- City: includes town. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) KRS § 508.100 or 508.110; (d) KRS § 509.020;
(e) KRS § 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or
510.110;
(f) KRS § 512.020, 512.050, or 512.060;
(g) KRS § 513.020, 513.030, or 513.040; or
(h) KRS § 525.020, 525.050, 525.060, 525.070, or 525.080.
(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.
(3) The finding that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the sentencing judge as the sole factor for denial of probation, shock probation, conditional discharge, or other form of nonimposition of a sentence of incarceration.
(4) The finding by the sentencing judge that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the Parole Board in delaying or denying parole to a defendant.
(5) As used in this section:
(a) “Emergency medical services personnel” has the same meaning as in KRS
311A.010; and
(b) “Member of an organized fire department, or emergency medical services personnel” includes volunteers, if the violation occurs while the volunteer is performing duties with an organized fire department or as emergency medical services personnel.
Effective: June 29, 2017
History: Amended 2017 Ky. Acts ch. 27, sec. 1, effective June 29, 2017. — Amended
2000 Ky. Acts ch. 541, sec. 6, effective July 14, 2000. — Created 1998 Ky. Acts ch.
606, sec. 51, effective July 15, 1998.