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532.031 Hate crimes -- Finding -- Effect.
(1)
(2)
(3)
(4)
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 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.
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.
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.
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.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 541, sec. 6, effective July 14, 2000. -- Created
1998 Ky. Acts ch. 606, sec. 51, effective July 15, 1998.
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