AR HB2088

Creates a new sentencing enhancement of 20% for criminal offenses where the defendant purposely selected the victim based on the victim's actual or perceived race, color, religion, ethnicity, ancestry, national origin, sexual orientation, gender identity, or disability.

Requires prosecutors seeking the enhancement to file written notice requesting a bifurcated trial, with the trier of fact determining beyond a reasonable doubt whether the victim was targeted based on a protected characteristic.

Defines key terms including "disability" as a physical or mental impairment substantially limiting major life function (excluding compulsive gambling, kleptomania, pyromania, current illegal drug use, and alcoholism), "gender identity," and "sexual orientation."

Clarifies that "purposely selected the victim" requires the protected characteristic to be a cause in fact of the offense, and excludes mere abstract beliefs, expressions, or associations from triggering the enhancement unless they were part of the cause of the offense.

Establishes a central repository for hate crimes data collection to be maintained by the Attorney General in cooperation with state police and the Crime Information Center, requiring quarterly reports from law enforcement agencies and annual publication of findings.