H 118 — An act relating to expanding the scope of hate-motivated crimes

BILL AS PASSED BY THE HOUSE H.118 Page 1 of 24 H.118 AnIntroduced actby relatingRepresentatives toArsenault expanding the scope of hate-motivatedWilliston crimesand ItLaLonde isof herebySouth enactedBurlington byReferred theto GeneralCommittee Assemblyon ofDate: the State of Vermont:

Subject:

Crimes and criminal procedure;

hate-motivated crimes Statement of purpose of bill as introduced:

This bill proposes to expand the scope of hate-motivated crimes to include unlawful conduct directed at a group of particular persons rather than just a singular victim.

An act relating to expanding the scope of hate-motivated crimes It is hereby enacted by the General Assembly of the State of Vermont:

§§ 1455 1455 is amended to read:

HATE-MOTIVATED CRIMES (a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by the victim’s another person’s or a group of particular persons’ actual or perceived membership in a protected category shall be subject to the following penalties:

BILL AS PASSED BY THE HOUSE H.118 Page 2 of 4 (1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

VT LEG #380846 v.1 AS PASSED BY HOUSE H.118 Page 2 of 2 (b) The victim’s A person’s or a group of particular persons’ actual or perceived membership in a protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.

VTSec. LEG #380846 v.1

1.

13 V.S.A.

§ 1455 is amended to read:

§ 1455.

HATE-MOTIVATED CRIMES BILL AS PASSED BY THE HOUSE H.118 Page 3 of 4 (a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by the victim’s another person’s or a group of persons’ actual or perceived membership in a protected category shall be subject to the following penalties:

(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.

(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply;

however, the court shall consider the motivation of the defendant as a factor in sentencing.

(b) The victim’s A person’s or a group of persons’ actual or perceived membership in a protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.

(c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S.

Armed Forces or the National Guard, disability as defined by 21 V.S.A.

§ 495d(5), sexual orientation, gender identity, and perceived membership in any such group.

BILL AS PASSED BY THE HOUSE H.118 Page 4 of 4 Sec.

2.

EFFECTIVE DATE This act shall take effect on July 1, 2025.