Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I move amendment No. 80:

In page 22, to delete lines 32 to 38 and substitute the following:

“20. (1) Without prejudice to any other enactment or rule of law and subject to subsections (2)

and (3)a court shall, where it is established beyond a reasonable doubt that—

(a) the offence was motivated (wholly or partly) by hate on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic, or

(b) that at the time of committing the offence, or immediately before or after doing so, the offender demonstrated hate towards the victim on account of the victim's membership or presumed membership of a group defined by reference to a protected characteristic, take that into account as an aggravating factor for the purposes of determining the sentence to be imposed on the person for that offence.”.