S 909 ISCommentsClose CommentsPermalink

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.CommentsClose CommentsPermalink

April 28, 2009CommentsClose CommentsPermalink

Mr. REID (for Mr. KENNEDY (for himself, Mr. LEAHY, Ms. SNOWE, Ms. COLLINS, Mr. SPECTER, Mr. SCHUMER, Mr. DURBIN, Mrs. FEINSTEIN, Mr. LEVIN, Ms. MIKULSKI, Mr. WHITEHOUSE, Mr. CARDIN, Ms. KLOBUCHAR, Mr. LIEBERMAN, Mrs. GILLIBRAND, Mr. MERKLEY, Mr. REED, Mr. NELSON of Florida, Mr. KERRY, Mr. BINGAMAN, Mr. DODD, Mr. BAYH, Mr. UDALL of Colorado, Mrs. SHAHEEN, Mr. HARKIN, Mr. BROWN, Mrs. MURRAY, Mr. CASEY, Mr. JOHNSON, Mr. LAUTENBERG, Mr. NELSON of Nebraska, Ms. LANDRIEU, Ms. CANTWELL, and Mr. AKAKA)) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Matthew Shepard Hate Crimes Prevention Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.CommentsClose CommentsPermalink





(2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.CommentsClose CommentsPermalink





(3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.CommentsClose CommentsPermalink





(4) Existing Federal law is inadequate to address this problem.CommentsClose CommentsPermalink





(5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.CommentsClose CommentsPermalink





(6) Such violence substantially affects interstate commerce in many ways, including the following:CommentsClose CommentsPermalink





(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.CommentsClose CommentsPermalink





(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.CommentsClose CommentsPermalink





(C) Perpetrators cross State lines to commit such violence.CommentsClose CommentsPermalink





(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.CommentsClose CommentsPermalink





(E) Such violence is committed using articles that have traveled in interstate commerce.CommentsClose CommentsPermalink





(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.CommentsClose CommentsPermalink





(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ‘races’. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.CommentsClose CommentsPermalink





(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.CommentsClose CommentsPermalink





(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.CommentsClose CommentsPermalink

SEC. 3. DEFINITION OF HATE CRIME.

In this Act--CommentsClose CommentsPermalink





(1) the term ‘crime of violence’ has the meaning given that term in section 16, title 18, United States Code;CommentsClose CommentsPermalink





(2) the term ‘hate crime’ has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); andCommentsClose CommentsPermalink





(3) the term ‘local’ means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.CommentsClose CommentsPermalink

SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.

(a) Assistance Other Than Financial Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--CommentsClose CommentsPermalink





(A) constitutes a crime of violence;CommentsClose CommentsPermalink





(B) constitutes a felony under the State, local, or tribal laws; andCommentsClose CommentsPermalink





(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.CommentsClose CommentsPermalink





(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.CommentsClose CommentsPermalink





(b) Grants-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.CommentsClose CommentsPermalink





(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.CommentsClose CommentsPermalink





(3) APPLICATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.CommentsClose CommentsPermalink





(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.CommentsClose CommentsPermalink





(C) REQUIREMENTS- A State, local, and tribal law enforcement agency applying for a grant under this subsection shall--CommentsClose CommentsPermalink





(i) describe the extraordinary purposes for which the grant is needed;CommentsClose CommentsPermalink





(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;CommentsClose CommentsPermalink





(iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; andCommentsClose CommentsPermalink





(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.CommentsClose CommentsPermalink





(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.CommentsClose CommentsPermalink





(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.CommentsClose CommentsPermalink





(6) REPORT- Not later than December 31, 2010, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.CommentsClose CommentsPermalink





(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalink

SEC. 5. GRANT PROGRAM.

(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.CommentsClose CommentsPermalink

SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.

(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 249. Hate crime acts

‘(a) In General-CommentsClose CommentsPermalink





‘(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--CommentsClose CommentsPermalink





‘(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink





‘(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink





‘(i) death results from the offense; orCommentsClose CommentsPermalink





‘(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink





‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--CommentsClose CommentsPermalink





‘(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink





‘(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink





‘(I) death results from the offense; orCommentsClose CommentsPermalink





‘(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink





‘(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--CommentsClose CommentsPermalink





‘(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--CommentsClose CommentsPermalink





‘(I) across a State line or national border; orCommentsClose CommentsPermalink





‘(II) using a channel, facility, or instrumentality of interstate or foreign commerce;CommentsClose CommentsPermalink





‘(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);CommentsClose CommentsPermalink





‘(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; orCommentsClose CommentsPermalink





‘(iv) the conduct described in subparagraph (A)--CommentsClose CommentsPermalink





‘(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; orCommentsClose CommentsPermalink





‘(II) otherwise affects interstate or foreign commerce.CommentsClose CommentsPermalink





‘(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR TERRITORIAL JURISDICTION OF THE UNITED STATES- Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.CommentsClose CommentsPermalink





‘(b) Certification Requirement-CommentsClose CommentsPermalink





‘(1) IN GENERAL- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that--CommentsClose CommentsPermalink





‘(A) the State does not have jurisdiction;CommentsClose CommentsPermalink





‘(B) the State has requested that the Federal Government assume jurisdiction;CommentsClose CommentsPermalink





‘(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; orCommentsClose CommentsPermalink





‘(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.CommentsClose CommentsPermalink





‘(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.CommentsClose CommentsPermalink





‘(c) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘bodily injury’ has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;CommentsClose CommentsPermalink





‘(2) the term ‘explosive or incendiary device’ has the meaning given such term in section 232 of this title;CommentsClose CommentsPermalink





‘(3) the term ‘firearm’ has the meaning given such term in section 921(a) of this title; andCommentsClose CommentsPermalink





‘(4) the term ‘gender identity’ for the purposes of this chapter means actual or perceived gender-related characteristics.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘249. Hate crime acts.’.CommentsClose CommentsPermalink

SEC. 8. STATISTICS.

(a) In General- Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ‘gender and gender identity,’ after ‘race,’.CommentsClose CommentsPermalink





(b) Data- Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ‘, including data about crimes committed by, and crimes directed against, juveniles’ after ‘data acquired under this section’.CommentsClose CommentsPermalink

SEC. 9. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalink

SEC. 10. RULE OF CONSTRUCTION.

For purposes of construing this Act and the amendments made by this Act the following shall apply:CommentsClose CommentsPermalink





(1) RELEVANT EVIDENCE- Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.CommentsClose CommentsPermalink





(2) VIOLENT ACTS- This Act applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.CommentsClose CommentsPermalink





(3) CONSTITUTIONAL PROTECTIONS- Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.CommentsClose CommentsPermalink





(4) FREE EXPRESSION- Nothing in this Act shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.CommentsClose CommentsPermalink