Sec. 54-380. - Hate crimes.
(a) "Hate crime" defined. For the statistical and reporting purposes of this section, a hate crime is an act or omission defined as an offense by city ordinance other than this section, or by state or federal law, a motive for the commission of which is the actual or perceived race, age, religion, color, creed, disability, gender, sexual orientation, national origin, or ancestry of that person or the owner or occupant of that property.
(b) Duties of police department.
(1) The police department shall maintain statistical information on hate crimes as defined in this section, including but not limited to specific information on violations of sections 54-378 and 54-379 of this chapter that constitute hate crimes as defined herein. Such statistical information shall be forwarded periodically, but at least quarterly, to the New Orleans Human Relations Commission, and to the commission of criminal justice, and the office of criminal justice coordination, and the city council.
(2) The police department shall include in its initial and ongoing training programs training with regard to cultural sensitivity and with regard to the recognition and proper classification of crimes that have been committed that are "hate crimes" as defined in this section.
(c) Duties of human relations commission.
(1) The human relations commission, in consultation with the commissioner of criminal justice from time to time but at least annually, shall analyze and render a report on data relating to the commission of hate crimes, the nature thereof and the motives for commission of such crimes. Reports shall be provided to the mayor, the commissioner of criminal justice, city council, the chief administrative officer, the city attorney, the district attorney for the Parish of Orleans, the United States attorney, and the judges of the municipal court, criminal district court, juvenile court, and United States District Court for the Eastern District of Louisiana.
(2) In each such report, the human relations commission shall identify government or community based educational programs that promote cultural harmony and tolerance and provide such information to prosecutors and judges of the courts listed in subparagraph (1) of this paragraph.
(d) Prosecutions and sentencing.
(1) The city attorney shall and other prosecutors should call to judicial notice, as may be legally appropriate, the identification as a hate crime, as defined in this section, of any offense being prosecuted, or which has resulted in a conviction.
(2) When a person has been found guilty of violating section 54-378 or 54-379 of this chapter or any other offense committed in such a way as to make it a "hate crime" as defined herein, the judges of the municipal court shall consider imposition of the maximum penalties allowed by law. Offenders who have committed hate crimes should, in addition to any other penalties imposed by law, be required to attend appropriate educational courses promoting cultural harmony and tolerance that should include interaction with a panel that shares with the victim the same characteristics of race, age, religion, color, creed, disability, gender, sexual orientation, national origin or ancestry that was or were a motive of the offender.
(e) Intent. No person charged or accused of a hate crime, as defined in this section, shall be charged with a violation of this section. It is the intent of this section that any such defendant should be charged with a violation of another section of this Code or of another law applicable in Orleans Parish.
(M.C.S., Ord. No. 18,303, § 1, 6-19-97)
