SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WILSON (130) (Sponsor), SATER, FISHER AND RUESTMAN (Co-sponsors).
Read 1st time January 19, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 557.035, RSMo, and to enact in lieu thereof one new section relating to hate crimes, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 557.035, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 557.035, to read as follows:
557.035. 1. For all violations of subdivision (1) of subsection 1 of section 569.100, RSMo, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, RSMo, which the state believes to be knowingly motivated because of [race, color, religion, national origin, sex, sexual orientation or disability of] the victim or victims identification with any specified group, perceived or otherwise, the state may charge the crime or crimes under this section, and the violation is a class C felony.
2. For all violations of section 565.070, RSMo; subdivisions (1), (3) and (4) of subsection 1 of section 565.090, RSMo; subdivision (1) of subsection 1 of section 569.090, RSMo; subdivision (1) of subsection 1 of section 569.120, RSMo; section 569.140, RSMo; or section 574.050, RSMo; which the state believes to be knowingly motivated because of [race, color, religion, national origin, sex, sexual orientation or disability of] the victim or victims identification with any specified group, perceived or otherwise, the state may charge the crime or crimes under this section, and the violation is a class D felony.
3. The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.
[4. For the purposes of this section, the following terms mean:
(1) "Disability", a physical or mental impairment which substantially limits one or more of a person's major life activities, being regarded as having such an impairment, or a record of having such an impairment; and
(2) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender.]
•