HB 5422 — AN ACT CONCERNING HATE AND BIAS CRIMES.

House of Representatives General Assembly SubstituteFile Bill No.

5422456 February Session, 2024 ANSubstitute ACTHouse CONCERNINGBill HATENo. AND BIAS CRIMES.

5422 House of Representatives, April 11, 2024 The Committee on Judiciary reported through REP.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING HATE AND BIAS CRIMES.

The court or the Court Support Services Division, if authorized by the court, may fix the amount thereof and the manner of performance, and the victimsHB5422 shall/ beFile advisedNo. by the court or the Court Support Services Division that restitution ordered under this section may be enforced pursuant to section 53a-28a;

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456 victim shall be advised by the court or the Court Support Services Division that restitution ordered under this section may be enforced pursuant to section 53a-28a;

(6) post a bond LCOor 1other security for the performance of 9any Substituteor Billall No.conditions imposed;

5422 or other security for the performance of any or all conditions imposed;

(15) [if convicted of a violation of section 46a-58, 53-37a, 53a- 181j, 53a-181k or 53a-181l, participate in an anti-bias or diversity awareness program or participate in a program of community service designedsHB5422 to/ remedyFile damageNo. caused by the commission of a bias crime or otherwise related to the defendant's violation;

(16)]456 if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the LCO 2 ofsHB5422 9File Substitute Bill No.

5422456 defendant;designed to remedy damage caused by the commission of a bias crime or otherwise related to the defendant's violation;

(16)] if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant;

(d) Any person who places a noose or a simulation thereof on any publicsHB5422 property,/ orFile on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of LCO 3 of 9 Substitute Bill No.

5422456 domestic3 violence,sHB5422 shallFile beNo. in violation of subsection (a) of this section.

456 public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of domestic violence, shall be in violation of subsection (a) of this section.

(3)In additionto any termofimprisonment orfineimposedorfineimposedpursuant pursuant to subdivision (1) or (2) of this subsection, the court shall order any person who violates the provisions of this section to participate in an anti-bias or diversity awareness program or participate in a program of community service designed to remedy damage caused by or otherwise related to the defendant's violation.

Sec.sHB5422 / File No.

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456 Sec.

Any person who, with the intent to subject, or cause to be subjected, LCOany 4other person to the deprivation of 9any Substituterights, Billprivileges No.or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness or physical disability, violates the provisions of section 46a-58, as amended by this act, while wearing a mask, hood or other device designed to conceal the identity of such person shall be guilty of a class D felony.

5422 any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness or physical disability, violates the provisions of section 46a-58, as amended by this act, while wearing a mask, hood or other device designed to conceal the identity of such person shall be guilty of a class D felony.

In addition to any term ofimprisonment or fineimposedpursuantfineimposed pursuant to thissection,thecourt shall order any person who violates the provisions of this section to participate in an anti-bias or diversity awareness program or participate in a program of community service designed to remedy damage caused by or otherwise related to the defendant's violation.

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456 Sec.

LCO(a) 5A person is guilty of 9intimidation Substitutebased Billon No.bigotry or bias in the second degree when such person maliciously, and with specific intent to intimidate or harass another person or group of persons motivated in whole or in substantial part by the actual or perceived race, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person or group of persons, does any of the following:

5422 (a) A person is guilty of intimidation based on bigotry or bias in the second degree when such person maliciously, and with specific intent to intimidate or harass another person or group of persons motivated in whole or in substantial part by the actual or perceived race, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person or group of persons, does any of the following:

(1) Damages, destroys or defaces any real or personal property, or (2) threatens, by word or act, to do an act described in subdivision (1) of this subsection or advocates or urges anothersHB5422 person/ toFile do an act described in subdivision (1) of this subsection, if there is reasonable cause to believe that an act described LCO 6 of 9 Substitute Bill No.

5422456 in6 saidsHB5422 subdivisionFile willNo. occur.

456 another person to do an act described in subdivision (1) of this subsection, if there is reasonable cause to believe that an act described in said subdivision will occur.

(b)The Governorshallappointtwochairpersonsofsuchcouncilfrom amongsHB5422 the/ membersFile ofNo. the council.

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5422456 (c)among Thethe councilmembers shall meet at least semiannually to encourage and coordinate programs to increase community awareness and reporting of hate crimes and to combat such crimes and make recommendations for any legislation concerning such crimes, including, but not limited to, recommendations concerning restitution for victims of such crimes, community service designed to remedy damage caused by any such crime or that is related to the commissioncouncil. of any such crime and additional alternative sentencing programs for first time offenders and juvenile offenders.

(c) The council shall meet at least semiannually to encourage and coordinate programs to increase community awareness and reporting of hate crimes and to combat such crimes and make recommendations for any legislation concerning such crimes, including, but not limited to, recommendations concerning restitution for victims of such crimes, community service designed to remedy damage caused by any such crime or that is related to the commission of any such crime and additional alternative sentencing programs for first time offenders and juvenile offenders.

2 October 1, 2024 46a-58 Sec.sHB5422 / File No.

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456 Sec.

4 October 1, 2024 53a-181j LCOSec. 8 of 9 Substitute Bill No.