ADL Model Hate Crimes Legislation 

1. Institutional Vandalism 

A. A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging: 

i. Any church, synagogue or other building, structure or place used for religious worship or other religious purpose; 

ii. Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; 

iii. Any school, educational facility or community center; 

iv. The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subsections (i), (ii) or (iii) above; or 

v. Any personal property contained in any institution, facility, building, structure, or place described in subsections (i), (ii) or (iii) above. 

B. Institutional vandalism is punishable as follows: 

i. Institutional vandalism is a misdemeanor if the person does any act described in subsection A which causes damage to, or loss of, the property of another. 

ii. Institutional vandalism is a felony if the person does any act described in Subsection A which causes damage to, or loss of, the property of another in an amount in excess of five hundred dollars. 

iii. Institutional vandalism is a felony if the person does any act described in Subsection A which causes damage to, or loss of, the property of another in an amount in excess of one thousand five hundred dollars. 

iv. Institutional vandalism is a felony if the person does any act described in Subsection A which causes damage to, or loss of, the property of another in an amount in excess of five thousand dollars. 

C. In determining the amount of damage to, or loss of, property, damage includes the cost of repair or replacement of the property that was damaged or lost. 

2. Bias-Motivated Crimes 

A. A person commits a Bias-Motivated Crime if, by reason of the actual or perceived race, color, religion, national origin, sexual orientation or gender of another individual or group of individuals, he violates Section ______ of the Penal code (insert code provisions for criminal trespass, criminal mischief, harassment, menacing, intimidation, assault, battery and or other appropriate statutorily proscribed criminal conduct). 

B. A Bias-Motivated Crime under this code provision is a ______ misdemeanor/ felony (the degree of criminal liability should be at least one degree more serious than that imposed for commission of the underlying offense). 

3. Civil Action for Institutional Vandalism and Bias-Motivated Crimes 

A. Irrespective of any criminal prosecution or result thereof, any person incurring injury to his person or damage or loss to his property as a result of conduct in violation of Sections 1 or 2 of this Act shall have a civil action to secure an injunction, damages or other appropriate relief in law or in equity against any and all persons who have violated Sections 1 or 2 of this Act. 

B. In any such action, whether a violation of Sections 1 or 2 of this Act has occurred shall be determined according to the burden of proof used in other civil actions for similar relief. 

C. Upon prevailing in such civil action, the plaintiff may recover: 

i. Both special and general damages, including damages for emotional distress; 

ii. Punitive damages; and/or 

iii. Reasonable attorney fees and costs. 

D. Notwithstanding any other provision of the law to the contrary, the parent(s) or legal guardian(s) of any unemancipated minor shall be liable for any judgment rendered against such minor under this Section. 

4. Bias Crime Reporting and Training 

A. The state police or other appropriate state law enforcement agency shall establish and maintain a central repository for the collection and analysis of information regarding crimes which are motivated by bigotry or bias. Upon establishing such a repository, the state police shall develop a procedure to monitor, record, classify and analyze information relating to crimes apparently directed against individuals or groups, or their property, by reason of their actual or perceived race, color, religion, national origin, sexual orientation or gender. The state police shall submit its procedure to the appropriate committee of the state legislature for approval. 

B. All local law enforcement agencies shall report monthly to the state police concerning such offenses in such form and in such manner as prescribed by rules and regulations adopted by state police. The state police must summarize and analyze the information received and file an annual report with the governor and the appropriate committee of the state legislature. 

C. Any information, records and statistics collected in accordance with this subsection shall be available for use by any local law enforcement agency, unit of local government, or state agency, to the extent that such information is reasonably necessary or useful to such agency in carrying out the duties imposed upon it by law. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law. 

D. The state police shall provide training for police officers in identifying, responding to, and reporting all criminal offenses motivated by race, color, religion, national origin, sexual orientation or gender.