532.031 Hate crimes -- Finding -- Effect -- Definitions.
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/ky/chapter-532/532-031A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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 or because of a person's actual or perceived employment as a
state, city, county, or federal peace officer, member of an organized fire department,
or emergency medical services personnel, 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.
(2)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.
(3)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.
(4)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.
(5)As used in this section:
(a)"Emergency medical services personnel" has the same meaning as in KRS
311A.010; and
(b)"Member of an organized fire department, or emergency medical services
personnel" includes volunteers, if the violation occurs while the volunteer is
performing duties with an organized fire department or as emergency medical
services personnel.