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-UNOFFICIAL COPY  26 RS BR 336
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-AN ACT relating to hate crimes. 1
-WHEREAS, the purpose of this Act is to provide increased penalties for those 2
-convicted of crimes in which the victim was selected because of his or her actual or 3
-perceived race, color, ethnicity, national origin, religion, mental or physical disability, 4
-gender identity or expression, or sexual orientation; and 5
-WHEREAS, the commission of hate crimes remains a prevalent issue to be 6
-addressed in the Commonwealth of Kentucky; and 7
-WHEREAS, on October 24, 2018, the Commonwealth of Kentucky was devastated 8
-by the tragic loss of life at the Jeffersontown Kroger as the result of a hate crime; and 9
-WHEREAS, according to the Federal Bureau of Inve stigation's 2017 Hate Crime 10
-Statistics Report, law enforcement officials reported 378 hate crime incidents in the 11
-Commonwealth of Kentucky; and 12
-WHEREAS, according to the Federal Bureau of Investigation's 2017 Hate Crime 13
-Statistics Report, the number of hat e crimes reported by law enforcement officers 14
-increased by 83.5 percent in the Commonwealth of Kentucky from the years of 2016 to 15
-2017; and 16
-WHEREAS, the Commonwealth of Kentucky statutorily requires the reporting of 17
-crimes which appear to be the result of, or reasonably related to, race, color, religion, sex, 18
-or national origin; and 19
-WHEREAS, the Commonwealth of Kentucky statutorily requires law enforcement 20
-and certified peace officers to undergo training relating to the investigation of, response 21
-to, and reporting of hate crimes;  22
-NOW, THEREFORE, 23
-Be it enacted by the General Assembly of the Commonwealth of Kentucky: 24
-SECTION 1.   A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 25
-READ AS FOLLOWS: 26
-(1) A defendant shall be subject to an enhanced term of imprisonment under 27
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-subsection (3) of this section if he or she is convicted of a crime under KRS 1
-Chapter 507, 507A, 508, 509, 510, o r 525 or KRS 512.020, 512.030, 513.020, 2
-513.030, or 513.040, or of the attempt to commit a crime under one (1) or more of 3
-those chapters or statutes, and it is proven beyond a reasonable doubt that: 4
-(a) 1. The defendant intentionally selected the person ag ainst whom the 5
-crime was committed; and 6
-2. The primary motivation in selecting the person was that person's 7
-actual or perceived race, color, ethnicity, national origin, religion, 8
-mental or physical disability, gender identity or expression, or sexual 9
-orientation; or 10
-(b) 1. The defendant intentionally committed a crime against property 11
-associated with a person; and 12
-2. The primary motivation in selecting the property was the person's 13
-actual or perceived race, color, ethnicity, national origin, religion, 14
-mental or physical disability, gender identity or expression, or sexual 15
-orientation. 16
-(2) Unless a jury trial has been waived, when a defendant is convicted of a crime 17
-described in subsection (1) of this section and the defendant is charged with 18
-intentionally committing the underlying offense because of a person's actual or 19
-perceived race, color, ethnicity, national origin, religion, mental or physical 20
-disability, gender identity or expression, or sexual orientation: 21
-(a) The court shall conduct a hearing, separat e from the proceeding that 22
-resulted in the defendant's conviction for the underlying offense, to 23
-determine whether the person intentionally committed the underlying 24
-offense primarily because of a person's actual or perceived race, color, 25
-ethnicity, nationa l origin, religion, mental or physical disability, gender 26
-identity or expression, or sexual orientation; 27
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-(b) The hearing shall be conducted by the same court and jury that convicted 1
-the defendant of the underlying offense, unless the court for good cause 2
-discharges that jury and impanels a new jury for that purpose; and 3
-(c) The jury shall determine: 4
-1. Whether, beyond a reasonable doubt, the person intentionally 5
-committed the underlying offense primarily because of a person's 6
-actual or perceived race, color , ethnicity, national origin, religion, 7
-mental or physical disability, gender identity or expression, or sexual 8
-orientation; and  9
-2. The enhanced term of imprisonment to be imposed pursuant to 10
-subsection (3) of this section, if any. 11
-(3) When a defendant ha s been found to have intentionally committed an offense 12
-described in subsection (1) of this section primarily because of a person's actual 13
-or perceived race, color, ethnicity, national origin, religion, mental or physical 14
-disability, gender identity or expression, or sexual orientation, his or her sentence 15
-for the underlying offense shall be enhanced as follows: 16
-(a) If the underlying offense is a Class A or B misdemeanor, the term of 17
-imprisonment shall be increased by at least half of the maximum 18
-imprisonment sentence for that misdemeanor and the fine shall be at least 19
-half of the maximum fine amount for that misdemeanor as provided in KRS 20
-534.040; 21
-(b) If the underlying offense is a Class D felony, the term of imprisonment shall 22
-be increased by one (1) to five (5) years; 23
-(c) If the underlying offense is a Class C felony, the term of imprisonment shall 24
-be increased by five (5) to ten (10) years; and 25
-(d) If the underlying offense is a Class A or B felony, the term of imprisonment 26
-shall be increased by ten (10) to twenty (20) years. 27
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-(4) Any defendant who receives an enhanced term of imprisonment under this 1
-section shall not be eligible for probation, shock probation, conditional discharge, 2
-parole, or any other form of early release. 3
-Section 2.   KRS 15.334 is amended to read as follows: 4
-(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 5
-to be taught to all students attending a law enforcement basic training course that 6
-include but are not limited to: 7
-(a) Abuse, neglect, and exploitation of the elderly and other crimes against the 8
-elderly, including the use of multidisciplinary teams in the investigation and 9
-prosecution of crimes against the elderly; 10
-(b) 1. The dynamics of domestic violence, pediatric  abusive head trauma, as 11
-defined in KRS 620.020, child physical and sexual abuse, and rape; 12
-child development; the effects of abuse and crime on adult and child 13
-victims, including the impact of abuse and violence on child 14
-development; legal remedies for pr otection; lethality and risk issues; 15
-profiles of offenders and offender treatment; model protocols for 16
-addressing domestic violence, rape, pediatric abusive head trauma, as 17
-defined in KRS 620.020, and child abuse; available community 18
-resources and victim services; and reporting requirements. 19
-2. This training shall be developed in consultation with legal, victim 20
-services, victim advocacy, and mental health professionals with 21
-expertise in domestic violence, child abuse, and rape. 22
-3. Training in recognizing pediatric abusive head trauma may be designed 23
-in collaboration with organizations and agencies that specialize in the 24
-prevention and recognition of pediatric abusive head trauma approved 25
-by the secretary of the Cabinet for Health and Family Services; 26
-(c) Human immunodeficiency virus infection and acquired immunodeficiency 27
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-virus syndrome; 1
-(d) Identification and investigation of, responding to, and reporting bias -related 2
-crime, victimization, or intimidation that is a result of or reas onably related to 3
-race, color, ethnicity,[religion, sex, or]  national origin , religion, mental or 4
-physical disability, gender identity or expression, or sexual orientation; 5
-(e) The characteristics and dynamics of human trafficking, state and federal laws 6
-relating to human trafficking, the investigation of cases involving human 7
-trafficking, including but not limited to screening for human trafficking, and 8
-resources for assistance to the victims of human trafficking; 9
-(f) [Beginning January 1, 2017, The counci l shall require that a law enforcement 10
-basic training course include ] At least eight (8) hours of training relevant to 11
-sexual assault; and 12
-(g) Education on female genital mutilation as defined in KRS 508.125, including 13
-the risk factors associated with fema le genital mutilation, the criminal 14
-penalties for committing female genital mutilation, and the psychological and 15
-health effects on a victim of female genital mutilation. 16
-(2) (a) The council shall develop and approve mandatory in -service training courses 17
-to be presented to all certified peace officers. The council may promulgate 18
-administrative regulations in accordance with KRS Chapter 13A setting forth 19
-the deadlines by which all certified peace officers shall attend the mandatory 20
-in-service training courses. 21
-(b) [Beginning January 1, 2017, ] The council shall establish a forty (40) hour 22
-sexual assault investigation training course. [After January 1, 2019, ]Agencies 23
-shall maintain officers on staff who have completed the forty (40) hour sexual 24
-assault investigation training course in accordance with the following: 25
-1. Agencies with more than ten (10) but fewer than twenty -one (21) full -26
-time officers shall maintain one (1) officer who has completed the forty 27
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-(40) hour sexual assault investigation training course; 1
-2. Agencies with twenty -one (21) or more but fewer than fifty -one (51) 2
-full-time officers shall maintain at least two (2) officers who have 3
-completed the forty (40) hour sexual assault investigation training 4
-course; and 5
-3. Agencies with fifty-one (51) or more full-time officers shall maintain at 6
-least four (4) officers who have completed the sexual assault 7
-investigation course. 8
-(c) An agency shall not make an officer directly responsible for the investigation 9
-or processing of sexual assault offenses unles s that officer has completed the 10
-forty (40) hour sexual assault investigation training course. 11
-(d) The council may, upon application by any agency, grant an exemption from 12
-the training requirements set forth in paragraph (b) of this subsection if that 13
-agency, by limitations arising from its scope of authority, does not conduct 14
-sexual assault investigations. 15
-(e) Any agency failing to comply with paragraph (b) or (c) of this subsection 16
-shall, from the date the noncompliance commences, have one (1) year to 17
-reestablish the minimum number of trained officers required. 18
-(3) The Justice and Public Safety Cabinet shall provide training on the subjects of 19
-domestic violence and abuse and may do so utilizing currently available 20
-technology. All certified peace officers shall be required to complete this training at 21
-least once every two (2) years. 22
-(4) The council shall promulgate administrative regulations in accordance with KRS 23
-Chapter 13A to establish mandatory basic training and in-service training courses. 24
-Section 3.   KRS 17.1523 is amended to read as follows: 25
-(1) The uniform offense report shall contain provisions for obtaining information as to 26
-whether or not specific crimes appear from their facts and circumstances to be 27
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-caused as a result of or reasonably related to race, color, ethnicity,[religion, sex, or] 1
-national origin , religion, mental or physical disability, gender identity or 2
-expression, or sexual orientation. 3
-(2) All law enforcement officers, when completing a uniform offen se report, shall note 4
-on the report[thereon] whether or not the offense appears to be caused as a result of 5
-or reasonably related to race, color, ethnicity,[religion, sex, or]  national origin , 6
-religion, mental or physical disability, gender identity or exp ression, or sexual 7
-orientation, or attempts to victimize or intimidate another due to any of the 8
-foregoing causes. 9
-(3) The Justice and Public Safety Cabinet shall, annually, as a part of the crime reports 10
-report on crimes which appear to have been caused b y the factors cited in 11
-subsections (1) and (2) of this section. 12
-SECTION 4.   A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 13
-READ AS FOLLOWS: 14
-(1) A person is guilty of using hate symbols to intimidate when he or she 15
-intentionally uses, displays, or sends a symbol historically used as a symbol of 16
-impending violence, and thereby places another person in reasonable 17
-apprehension of physical injury.  18
-(2) Using hate symbols to intimidate is a Class A misdemeanor. 19
-Section 5.   The following KRS sections are repealed: 20
-49.320   Victim of hate crime deemed victim of criminally injurious conduct. 21
-532.031   Hate crimes -- Finding -- Effect -- Definitions. 22
-Section 6.   The restrictions of KRS 6.945(1) shall not apply to Sections 1 to 4 of 23
-this Act. 24
+Page 1
+Local Government Mandate Statement
+Kentucky Legislative Research Commission
+2026 Regular Session
+
+Part I:  Measure Information
+
+Bill Request #: 336 Bill #: HB 478
+Document ID #: 2057 Sponsor: Rep. Daniel Grossberg
+Bill Title: AN ACT relating to hate crimes
+
+Unit of ☒ City ☒ County ☒ Urban-County
+Government: ☒ Charter County ☒ Consolidated Local ☒ Unified Local
+
+Office(s) Impacted: Law Enforcement; Jails
+
+Requirement: ☒ Mandatory ☐ Optional
+
+Effect on Powers
+& Duties:
+
+☐ Modifies Existing ☒ Adds New ☐ Eliminates Existing
+
+Other Fiscal Statement(s)
+that may exist:
+☐ Actuarial Analysis ☒ Corrections Impact
+☐ Health Benefit Mandate ☐ State Employee Health Plan
+
+Part II:  Bill Provisions and the Estimated Fiscal Impact Relating to Local Government
+
+HB 478  creates a new section of KRS Chapter 532 to provide for enhanced terms of
+imprisonment if an individual is convicted of a crime under the following KRS Chapters
+(inclusive of the attempt to commit a crime under these chapters) and if the victim of t he
+crime was selected because of that person’s actual or perceived race, color, ethnicity,
+national origin, religion, mental or physical disability, gender identity or expression, or
+sexual orientation:
+
+KRS Chapter 507:  Criminal Homicide;
+KRS Chapter 507A:  Fetal Homicide;
+KRS Chapter 508:  Assault and Related Offenses;
+KRS Chapter 509:  Kidnapping and Related Offenses;
+KRS Chapter 510:  Sexual Offenses;
+KRS Chapter 525:  Riot, Disorderly Conduct, and Related Offenses; and
+
+Page 2
+The new section of KRS Chapter 532 also provides for enhanced terms of imprisonment if
+an individual is convicted of the following crimes or an attempt to commit the following
+crimes:
+1. Criminal mischief in the first, second, and third degree (KRS 512.020, 512.030,
+512.030);
+2. Arson in the first, second, and third degree (KRS 513.020, 513.030, 513.040); and
+
+The defendant intentionally committed a crime against property associated with a person
+because of that person’s actual or perceived race, color, ethnicity, national origin, religion,
+mental or physical disability, gender identity or expression, or sexual orientation.
+
+When the defendant is convicted of a crime detailed above and is charged with intentionally
+committing the underlying offense because of the reasons outlined abo ve, the court shall
+conduct a separate hearing to determine if the person intentionally committed the
+underlying offense because of race, color, ethnicity, nationality, religion, disability, gender
+identity or expression, or sexual orientation.  The hearin g shall be conducted by the same
+court.  The court has the discretion to seat the same jury or to impanel a new jury.
+
+If found guilty of intentionally committing the underlying crimes because of that person’s
+actual or perceived race, color, ethnicity, n ational origin, religion, mental or physical
+disability, gender identity or expression, or sexual orientation, the following enhanced
+penalties are available:
+
+Underlying
+Offense
+Increase in Term of
+Imprisonment
+Increase in Fine
+Class A
+Misdemeanor
+Increase by at least half of the
+maximum sentence for that
+misdemeanor
+Increased by at least half of
+the maximum fine amount for
+that misdemeanor
+Class B
+Misdemeanor
+Increase by at least half of the
+maximum sentence for that
+misdemeanor
+Increased by at least half of
+the maximum fine amount for
+that misdemeanor
+Class D Felony Increased by one to five years N/A
+Class C Felony Increased by five to ten years N/A
+Class B Felony Increased by ten to twenty years N/A
+Class A felony Increased by ten to twenty years N/A
+
+Any defendant who receives an enhanced term of imprisonment shall not be eligible for
+probation, shock probation, conditional discharge, parole, or any other form of early
+release.
+
+Page 3
+Lastly, a new section added to KRS Chapter 508 classifies using hate symbols to intimidate
+as that which intentionally uses, displays, or sends a symbol historically used as a symbol
+of impending violence, to place another person in apprehension of physical injury. This
+violation is a Class A misdemeanor.
+
+The fiscal impact of HB 478 on local governments is indeterminable.
+Hate crimes come into play at the point of sentencing. They are not separate Uniform Crime
+Reporting Codes differentiating hate crimes from any other offenses. An ori ginal case
+record would contain information about whether any given conviction’s sentence is
+enhanced due to being a hate crime, but unfortunately, this data is not entered into the
+Administrative Offices of the Court case management system except perhaps as a memo,
+and therefore we cannot capture it to report statistics.
+
+A person convicted of a Class B misdemeanor may be incarcerated for up to 90 days.  A
+person convicted of a Class A misdemeanor may be incarcerated for up to twelve months.
+Misdemeanants are housed in one of Kentucky’s 74 full -service jails or three life safety
+jails.  While the expense of housing inmates varies by jail, this estimated impact will be
+based on an average cost to incarcerate of $ 47.43 per day. While the majority of
+misdemeanor defendants are granted bail, those who do not will also cost local jails an
+average cost to incarcerate of $47.43 per day.
+
+When a court denies bail to a Class D felony defendant, the local government is responsible
+for incarcerating the defendant until disposition of the case in one of Kentucky’s 74 full -
+service jails or three life safety jails.  While the expense of housing inmates varies by jail,
+each additional inmate increases facility costs by an average cost to incarcerate of $47.43,
+which includes the $35.34 per diem and medical expenses that the Department of
+Corrections pays jails to house felony offenders .  Upon sentencing, a Class D felon is
+housed in one of Kentucky’s full-service jails for the duration of his or her sentence.  The
+Department of Corrections pays a jail $35.34 per day to house a Class D felon.  The per
+diem may be less than, equal to, or greater than the actual housing cost.
+
+When a court denies bail to a Class C felony defendant, the local government is
+responsible for incarcerating the defendant until disposition of the case in one of
+Kentucky’s 74 full-service jails or three life safety jails.  While the expense of housing
+inmates varies by jail, each additional inmate increases facility costs by an average cost
+to incarcerate of $47.43, which includes the $35.34 per diem and medical expenses that
+the Department of Corrections pays jails to house felony offenders. Class C felons are
+ineligible for placement in local jails until they are classified at the lowest custody level
+with 24 months or less to their minimum expiration date or parole eligibility date. The
+Department of Corrections pays local jails $35.34 per day to house these Class C felons.
+The per diem may be less than, equal to, or greater than the actual housing cost.
+
+Data Source(s): Kentucky Department of Corrections
+
+Preparer: TJ Reviewer: HT (MDA) Date: 12/30/25