Key points of the draft legislation

Published: Monday, Nov. 14, 2005 12:39 a.m. MST
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Key points from the draft of hate crimes legislation:

The new draft version would make it an aggravating factor if a victim is selected because of membership, or perceived membership, in a group.

In determining the weight to be given to the aggravating factor, the sentencing judge or the Board of Pardons and Parole would consider the public harm resulting from the selection of the victim from that group, including the degree to which the selection:

Is likely to cause emotional or other harm to the victim or other members of the group.

Is likely to incite community unrest.

The group is or has been the target of animus, discrimination, legal disabilities or hate-based crimes.

Whether the penalty is already increased by other provisions of the law.

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