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BULLET St. Louis City Revised Code Chapter 15.19 Division II Institutional Vandalism and Bias Crimes

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


Division II. Discrimination

Chapter 15.19
Institutional Vandalism and Bias Crimes

Sections:

15.19.010 Definitions.
15.19.020 Institutional vandalism.
15.19.030 Ethnic or racial intimidation.
15.19.040 Police to provide information relating to bias crime to Civil Rights Enforcement Agency.
15.19.050 Civil Rights Enforcement Agency--Assistance to victims of bias crime--Investigations.
15.19.060 Penalty for violation.

15.19.010 Definitions.

As used in this chapter the following terms shall have the meaning given in this section:

A. Of Another. Property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein.

B. "Tamper" means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

C. "Deface" means to place on any public or private property any symbol, object, characterization, appellation, or graffiti, including, but not limited to a burning cross or Nazi swastika.

D. "Bias crime" means a criminal act or ordinance violation committed as a result of any motive or intent relating to, or antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of an individual or group of individuals.
(Ord. 61277 1, 1989.)

15.19.020 Institutional vandalism.

No person shall knowingly vandalize, deface or otherwise damage:

A. Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

B. Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

C. Any school, educational facility, community center, hospital or medical clinic owned or operated by a religious or sectarian groups;

D. The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or other place described in subsections A, B or C of this section; or

E. Any personal property contained in any institution, facility, building, structure or place described in subsection A, B or C of this section or on the grounds of such places.
(Ord. 61277 2, 1989.)

15.19.030 Ethnic or racial intimidation.

No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals:

A. Purposely cause physical injury to another; or

B. Attempt to cause physical injury to another; or

C. Threaten to cause physical injury to another; or

D. Purposely place another in apprehension of immediate physical danger; or

E. Knowingly cause physical contact with another person knowing the other person will regard the contact as offensive or provocative;

F. Knowingly damage or threaten to damage the personal or real property of another; or

G. Tamper with the personal or real property of another for the purpose of causing substantial inconvenience to that person or another; or

H. Trespass on the property of another in violation of Section 15.74.120 of the Revised Code of the City of St. Louis; or

I. Commit an act of vandalism, as that term is defined by Section 15.78.010 of the Revised Code of the City of St. Louis; or

J. Knowingly assemble with six (6) or more persons and agree with such persons to violate any of the criminal laws of the State of Missouri or of the United States with force or violence; or

K. Discharge or shoot a firearm or threaten to discharge or shoot a firearm into or inside of any building, railroad, train, boat, aircraft or motor vehicle; or

L. Discharge a firearm within one hundred yards of any church, synagogue or other building, structure or place used for religious worship or other religious purpose or within one hundred (100) yards of any school, education facility, community center, hospital or medical clinic owned or operated by a religious or sectarian groups; or

M. Carry a firearm or other weapon of lethal use into any church, synagogue or other building, structure or place used for religious worship or other religious purpose or within one hundred (100) yards of any school, education facility, community center, hospital or medical clinic owned or operated by a religious or sectarian groups; or

N. Brandish a firearm or other weapon in a threatening manner; or

O. Deface the property of another; or

P. Communicate in writing or by telephone a threat to commit a misdemeanor involving violence or property damage or to commit any felony; or

Q. Make an anonymous telephone call; or

R. Make repeated telephone calls.
(Ord. 61277 3, 1989.)

15.19.040 Police to provide information relating to bias crime to Civil Rights Enforcement Agency.

A. Whenever any police officer has identified a victim or victims of a possible bias crime, committed within the City, the Police Department shall, to the extent known, supply the name, address and phone number of the victim(s) to the Executive Director of the Civil Rights Enforcement Agency, together with other relevant information concerning the victim(s).

B. The Police Department shall on at least a monthly basis, prepare a statistical summary concerning all criminal acts and ordinance violations committed within the City during the previous month which there is reason to believe have been committed as a result of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, gender, color, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of an individual or group of individuals. A copy of this report shall be forwarded to the Civil Rights Enforcement Agency. This report shall be in a form approved by the Police Department and the Executive Director of the Civil Rights Enforcement Agency but shall, in no event, include the names of persons who are suspected or accused of having committed crimes or ordinance violations.
(Ord. 61277 4, 1989.)

15.19.050 Civil Rights Enforcement Agency--Assistance to victims of bias crime--Investigations.

A. Whenever the Police Department has provided information concerning a victim of a possible bias crime to the Executive Director of the Civil Rights Enforcement Agency, either the Director or a person designated by him shall make reasonable efforts to contact the victim for the purpose of offering to help the victim deal with the Police Department, prosecutors and other interested agencies.

B. In furtherance of the function of the Civil Rights Enforcement Agency set out in Section 3.44.040, the Director of the Agency may conduct investigations of possible bias crimes to determine if the crime is related to a pattern of discrimination or if, due to bias-related tensions in the area where the crime was committed, further bias crimes or acts of violence are likely to occur if remedial action is not taken. The Director of the Agency may also conduct investigations to determine if there is a pattern of discrimination or bias-related tensions in an area where he has reason to believe that such patterns or tensions exist, even though no bias crimes have been committed within such area. The Director shall present the findings of his investigation to the Commission of the Civil Rights Enforcement Agency.

C. Upon recommendation of the Director, or upon its own motion, the Commission may call a hearing to investigate bias crimes or to address perceived patterns of discrimination or bias-related tensions. For such purpose, the Commission shall be empowered to employ a hearing examiner and/or other employees necessary for such purpose. For the purpose of such hearing, the Commission is empowered to:

1. Receive evidence and hear testimony related to bias crime, patterns of discrimination, and bias-related tensions;

2. Compel the attendance of witnesses and the production of evidence relevant to the matter in question, for investigatory and determinative purposes, by subpoena issued by the commission, and enforce such subpoena in circuit court; and

3. Issue findings and recommendations concerning ways in which bias crimes, discriminatory patterns and bias-related tensions can be reduced in the affected area.

D. The Civil Rights Enforcement Agency is hereby authorized to develop and initiate educational and other programs designed to reduce bias-related tensions and the incidence of bias crimes, either in particular areas or on a City-wide basis.
(Ord. 61277 5, 1989.)

15.19.060 Penalty for violation.

Any person convicted of violation of Sections 15.19.020 or 15.19.030 shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment.
(Ord. 61277 7, 1989.)

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