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ADOPTED BY THE
MAYOR AND COUNCIL

__________________

PROPOSED ORDINANCE NO.

RELATING TO HATE CRIMES; AMENDING THE TUCSON CODE, SECTION 11-30

RELATING TO THE PROHIBITION OF HATE CRIMES AND INSTITUTIONAL
VANDALISM; AND DECLARING AN EMERGENCY.

WHEREAS, Arizonas hate-crimes statute, A.R.S. 13-701(D)(15) imposes

greater penalties for felonies committed by reason of the victims actual or perceived

race, color, religion, national origin, sexual orientation, gender or disability, but does not

apply to misdemeanors or violations of local ordinance;

WHEREAS, the City wishes to impose tougher penalties on those who commit

misdemeanors or violations of local ordinance for biased-based motives;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF

THE CITY OF TUCSON, ARIZONA, AS FOLLOWS:

SECTION 1. The Tucson Code , Chapter 11, Article I, Section 11-30 is hereby

amended as follows:

Sec. 11-30. Prohibition of Hate Crimes and Institutional Vandalism,

Penalties.

(a) Definitions. As used in this section:

1. Hate crime means the commission of any misdemeanor offense

under A.R.S. 13-1203 (Assault), A.R.S. 13-1602 (Criminal
Damage), A.R.S. 13-1502/1503/1504 (Criminal Trespass),
A.R.S. 13-2904 (Disorderly Conduct), A.R.S. 13-1201
(Endangerment), A.R.S. 13-2921 (Harassment), A.R.S. 13-

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 1802 (Telephone Harassment), A.R.S. 13-1202 (Threats and
Intimidation), A.R.S. 13-1303 (Unlawful Imprisonment), or T.C.
16-30 (Graffiti) against an individual or group of individuals or
the property of an individual or group, accompanied by
malicious intent as defined in subsection (2) hereof.

2. Malicious intent means the intent to commit any act, the

commission of which is a necessary element of any offense
referred to in subsection (a)1 above, motivated by malice toward
a victim because of the victims actual or perceived race, color,
religion, national origin, ancestry, sex, sexual orientation, age,
disability, gender identity, familial status and/or marital status.

3. Institutional vandalism means knowingly vandalizing, defacing

or otherwise damaging:

a. Any church, synagogue, mosque, other building

structure, or place used for religious worship and/or the
grounds adjacent to, rented by, or owned by such
entities;

b. Any cemetery mortuary or other facility used for the

purpose of burying or memorializing the dead;

c. Any school, educational facility or community center

and/or grounds adjacent to, rented by, or owned by said
entities.

(b) It shall be unlawful for any person to commit a hate crime or

institutional vandalism, as defined in this section, against another
individual or group of individuals.

(c) Any person violating this section shall be guilty of a misdemeanor

and upon a first conviction for this offense shall be sentenced to
serve not less than ten (10) days nor more than one-hundred
eighty (180) days in jail, and by a fine of not less than five hundred
dollars ($500.00) nor more than two thousand five hundred dollars
($2,500.00). A person convicted for a second offense of this
section shall be sentenced to serve not less than ten (20) nor more
than one hundred and eighty (180) days in jail and by a fine of not
less than one thousand dollars ($1000.00) nor more than two
thousand five hundred dollars ($2500,00). A person convicted for
a third or subsequent offense of this section shall be sentenced to
serve not less than forty (40) days nor more than one hundred
eighty (180) days in jail, and by a fine of not less than twenty five
hundred dollars ($2500.00). In addition, a person convicted of any
offense of this section may be placed on probation for a maximum

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 of three years. No judge or magistrate may suspend the
imposition of the minimum jail sentence or fine prescribed in this
subsection.

SECTION 2. The various City officers and employees are authorized and

directed to perform all acts necessary or desirable to give effect to this Ordinance.

SECTION 3. WHEREAS, it is necessary for the preservation of the peace, health,

and safety of the City of Tucson that this ordinance become immediately effective, an

emergency is hereby declared to exist and this Ordinance shall be effective upon its

passage and adoption.

PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the City of

Tucson, Arizona, __________________.

___________________________________
MAYOR
ATTEST:

______________________________
CITY CLERK

APPROVED AS TO FORM: REVIEWED BY:

______________________________ ______________________________
CITY ATTORNEY CITY MANAGER
RC:tl
2/8/17

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