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F I S C A L I M P A C T R E P O R T





SPONSOR: SJC DATE TYPED: 03/15/01 HB
SHORT TITLE: Crimes Based on Prejudice SB 419/SJCS
ANALYST: Rael


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
 Recurring

or Non-Rec

 Fund

Affected

FY01 FY02 FY01 FY02

Indeterminate - See Narrative

 Recurring General Fund



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Public Defender Department (PDD)



SUMMARY



Synopsis of Bill



This bill enacts a new section of the criminal sentencing act that will increase a basic sentence of imprisonment when a crime is intentionally committed against a person or her property because of the offender's bias or prejudice against a group to which that person belongs, whether or not the offender's belief or perception that the person is a member of that group is correct. The bill creates enhanced graduated sentencing based on the severity of the offense.



The substitute bill differs from the original by stipulating that sentences cannot be in excess of specific time periods even though they are enhanced. The enhanced term may not be substituted or deferred, but permits alternative sentencing that includes: community service, counseling or education.

Crime/Conviction

Petty Misdemeanor

 Enhanced Term* Term of Incarceration Limit
1st 30 days 180 days
2nd 60 days 180 days



Crime/Conviction

Misdemeanor

 Enhanced Term* Term of Incarceration Limit**
1st 90 days 364
2nd 180 days 364

Crime/Conviction

Non Violent Felony

 Enhanced Term
1st 1 year
2nd 3 years



FISCAL IMPLICATIONS



See Administrative Implications below.



ADMINISTRATIVE IMPLICATIONS



The creation of a new offense may increase the amount of staff a District Attorney's office needs to effectively prosecute this crime.



The AOC also reports that as penalties increase, potential imprisonment tends to inspire defendants to demand jury trials. It will cost the judicial information system $400 for statewide update, distribution, and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions. New laws, amendments to existing laws, and new hearings have the potential to increase caseloads in the courts, thus requiring additional resources to handle the increase. The increased workload would include not only initial case processing and judicial time but also the tracking of cases to completion, including probation and compliance with other conditions of release.



TECHNICAL ISSUES



An amendment would make the distinction between judge trials and jury trials more clear:



If the case is tried before a jury and if a prima facie case has been established showing that a "hate crime" has been committed, the court shall submit the issue to the jury by special interrogatory. If the case is tried by the court and if a prima facie case has been established showing that a "hate crime" has been committed, the court shall decide the issue and shall make a separate finding of fact regarding the issue.



FAR/ar