I am aware it was adopted last year. I believe it is house bill 426.
This has a link to it.
If I am reading that correctly it is a sentencing enhancement. First the person needs to be found guilty of the crime. Then it is decided if the motivation for the crime was one of the listed biases. Then if that is the case the judge adds on to the sentence.
The prosecutor doesn't make a charge(even though that is how several articles have referred to it but some have called it a sentencing enhancement) and as far as I can tell and would only present something regarding a hate crime if he is found guilty of the underlying crime. At that point we would see if she has evidence showing motivation.
She does not have to present any evidence until that time. There is no grand jury or an indictment even.
I fully realize i might be misunderstanding what I am reading there(i had to read it a couple times and I did not look up the notice section it mentioned) and am open to hearing where i goofed it up.