532.031 Hate crimes -- Finding -- Effect -- Definitions

532.031 Hate crimes -- Finding -- Effect -- Definitions.

(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.