Vote Smart's Synopsis:

Vote to pass a bill that specifies what constitutes institutional desecration.

Highlights:

• Specifies that a person is guilty of institutional desecration if they maliciously and intentionally destroys, damages, or threatens to destroy the following, in part or whole because of the actual or perceived race, religion, sexual orientation, disability, age, or ethnicity of another individual or group of individuals, regardless of any additional motivating factors (Sec. 147):

• Synagogue, mosque, church, temple, or other building used for religious worship or purpose;

• A cemetery or other facility used for burial or memorializing the dead;

• A school, library, museum, community center, or campground;

• A business or charitable establishment;

• The grounds adjacent to, and owned or rented by any institution described above;

• The digital or online assets owned by any institution described above; and

• Any personal or institutional property contained in any place described above.

• Specifies that if any of the following applies, the person who commits institutional desecration is guilty of a felony punishable by imprisonment for no more than 10 years or a fine no more than $15,000 or 3 times the amount of the destruction whichever is greater, or both the fine and imprisonment (Sec. 147):

• Destruction resulting in $20,000 or more in damages; or

• The person has 2 or more prior convictions for an offense under this section.

• Specifies that if any of the following applies, the person who commits institutional desecration is guilty of a felony punishable by imprisonment for no more than 5 years or a fine no more than $10,000 or 3 times the amount of the destruction whichever is greater, or both the fine and imprisonment (Sec. 147):

• Destruction resulting in damages $1,000 or more but less than $20,000; or

• The person has 1 or more prior convictions under this section.

• Specifies that if any of the following applies, the person who commits institutional desecration is guilty of a felony punishable by imprisonment for no more than 1 year or a fine no more than $2,000 or 3 times the amount of the destruction whichever is greater, or both the fine and imprisonment (Sec. 147):

• Destruction resulting in damages $200 or more but less than $1,000; or

• The person has one or more prior convictions under this section or a local ordinance substantially corresponding to this section.

• Specifies that if the amount of the destruction is less than $200, the person is guilty of a misdemeanor punishable by imprisonment for no more than 93 days or a fine no more than $500 or 3 times the amount of the destruction, whichever is greater, or both the fine and imprisonment (Sec. 147).

• Authorizes the amounts of the destruction in separate incidents pursuant to a scheme within any 12-month period to be aggregated to determine the total amount of destruction (Sec. 147).

• Requires that if the prosecuting attorney intends on seeking an enhanced sentence, they must include a statement listing prior convictions (Sec. 147).

• Requires that the defendant’s prior convictions be determined by the court, without a jury, at sentencing or a separate hearing before sentencing (Sec. 147).

• Authorizes the existence of a prior conviction to be established by any evidence relevant, including, but not limited to, 1 or more of the following (Sec. 147):

• A copy of the judgment conviction;

• A transcript of a prior trial, plea-taking, or sentencing;

• Information contained in a presentence report; and

• The defendant’s statement.

• Authorizes the court to impose alternative sentences in lieu or in addition to the penalties for subsections 4 and 5, if the defendant consents (Sec. 147).

• Authorizes community service to be an alternative sentence with the intention of enhancing the offender’s understanding of the impact of their offense on the victim and wider community (Sec. 147).

• Authorizes the court to reduce any penalty imposed by no more than 20% and impose an alternative sentence, if the defendant consents (Sec. 147).

• Authorizes any entity that suffers damages to property to bring a civil cause of action against the person who committed the offense, regardless of the existence or outcome of any criminal prosecution (Sec. 147).

• Authorizes a plaintiff who prevails in a civil action to recover the following (Sec. 147):

• Damages in the amount of 3 times the damages described in this subsection or $25,000, whichever is greater; and

• Reasonable attorney fees and costs.

Full Bill Text