00                       CS FOR SENATE BILL NO. 202(JUD)                                                                   
01 "An Act relating to the commission of a crime when the defendant directed the conduct                                   
02 constituting the crime at the victim based on the victim's race, sex, color, creed, physical                            
03 or mental disability, sexual orientation, gender identity, ancestry, or national origin."                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.76 is amended by adding a new section to read:                                                  
06            Sec. 11.76.150. Motivation by prejudice, bias, or hatred. (a) A person                                     
07       commits the crime of motivation by prejudice, bias, or hatred if the person commits a                             
08       crime in this title and the person knowingly directed the conduct constituting the crime                          
09       at the victim of the crime because of the victim's race, sex, color, creed, physical or                           
10       mental disability, sexual orientation, gender identity, ancestry, or national origin.                             
11            (b)  In this section, "gender identity" means actual or perceived gender-related                             
12       characteristics.                                                                                                  
13            (c)  Motivation by prejudice, bias, or hatred is a                                                           
14                 (1)  class A misdemeanor if the crime committed is a class B                                            
01       misdemeanor;                                                                                                      
02                 (2)  class C felony if the crime committed is a class A misdemeanor;                                    
03                 (3)  class B felony if the crime committed is a class C felony;                                         
04                 (4)  class A felony if the crime committed is a class B felony;                                         
05                 (5)  unclassified felony and the defendant shall be sentenced to a                                      
06       definite term of imprisonment of at least five years but not more than 99 years if the                            
07       crime committed is a class A felony.                                                                              
08    * Sec. 2. AS 12.55.155(c)(22) is amended to read:                                                                  
09                 (22)  the defendant knowingly directed the conduct constituting the                                     
10       offense at a victim because of that person's race, sex, color, creed, physical or mental                          
11       disability, sexual orientation, gender identity, ancestry, or national origin; in this                    
12       paragraph, "gender identity" means actual or perceived gender-related                                         
13       characteristics;