CHAPTER 138

FORMERLY

SENATE BILL NO. 132

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HATE CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section1. Amend Title 41 of the Delaware Code by adding thereto a new section, said section to be denominated as §1304, which shall read as follows:

"§1304. Hate Crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class 13 felony, class A felony.

(A) Any person who commits, or attempts to commit, any crime as defined by the laws of this State, and who intentionally:

(1) commits said crime for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment to the United States Constitution, or commits said crime because the victim has exercised or enjoyed said rights; or

(2) selects the victim because of his or her race, religion, color, disability, national original or ancestry, shall be guilty of a hate crime.

(B) Hate crimes shall be punished as follows:

(1) If the underlying offense is a violation or unclassified misdemeanor, the hate crime shall be a class A misdemeanor,

(2) If the underlying offense is a class A, B, or C misdemeanor, the hate crime shall be a class G felony;

(3) If the underlying offense is a class C, D, E, F, or G felony, the hate crime shall be one grade higher than the underlying offense;

(4) If the underlying offense is a class A or B felony, the hate crime shall be the same grade as the underlying offense, and the minimum sentence of imprisonment required for the underlying offense shall be doubled.".

Approved July 6, 1995