MS HB1238

Adds "disability, sexual orientation, and gender identity" to the list of protected characteristics for enhanced hate crime penalties in Mississippi Code Sections 99-19-301, 99-19-305, and 99-19-307.

Expands hate crime enhancement eligibility to crimes committed against individuals based on their actual or perceived disability, sexual orientation, or gender identity.

Maintains existing enhanced penalty provisions allowing sentences up to twice the authorized term of imprisonment or fines, or both, when hate crime elements are proven beyond a reasonable doubt.

Requires jury determination in sentencing proceedings to find beyond a reasonable doubt that the defendant knew or had reasonable grounds to perceive the victim's protected status and committed the offense because of that status.

Takes effect July 1, 2020.