§ 22-42. Intimidation or bias crimes.

(a)

Discrimination in association with certain crimes a misdemeanor. Any person who violates or attempts to violate any of the following sections by reason of any motive or intent relating to or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability, or handicap of another individual or group of individuals shall be guilty of a misdemeanor:

(1)

Section 22-33, assault;

(2)

Section 22-34, battery;

(3)

Section 22-77, criminal trespass;

(4)

Section 22-79, criminal damage to property;

(5)

Section 22-115, disorderly conduct;

(6)

Section 22-121, harassment by telephone;

(7)

Section 22-126, harassment by telefacsimile;

(8)

Section 22-154, throwing stones, bricks, wood, etc., generally; or

(9)

Section 22-177, unlawful use of weapons.

(b)

Penalty.

(1)

Upon a first conviction of a violation of the provisions of this section, a person shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $2,500.00, by imprisonment for not more than one year, or by both such fine and imprisonment. In addition to such penalties or any combination of them or as a condition of any grant of probation, suspension of sentence, or parole, the court shall enter an order which requires the person to enroll in and successfully complete at least an eight-hour course or program of counseling in human relations approved by the court.

(2)

On a second or subsequent conviction of a violation of the provisions of this section, a person shall be deemed guilty of a misdemeanor and shall be sentenced to imprisonment of not less than five days nor more than one year and a fine of not less than $500.00 nor more than $2,500.00. In addition to such penalties or any combination of them, or as a condition of any grant of probation, suspension of sentence, or parole, the court shall enter an order which requires the person to enroll in and successfully complete a program in human relations approved by the court.

(c)

Police department record keeping. The police department shall maintain records concerning all criminal acts and ordinance violations committed within the limits of the city which there is reason to believe have been committed as a result of any motive or intent relating to any antipathy, animosity, or hostility based upon the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, or handicap of an individual or group of individuals. The police department shall forward quarterly to the county administrator a statistical summary of the records maintained pursuant to this section.

(Code 1988, § 22-24; Ord. No. O-52-02, § 1, 7-11-2002; Ord. No. O-12-03, §§ 1, 2, 4-3-2003)