109th CONGRESS
1st Session
H. R. 2662
To provide Federal assistance to States and local jurisdictions to
prosecute hate crimes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Mr. CONYERS (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, Ms. BALDWIN,
Ms. BERKLEY, Mr. BERMAN, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mr. BOSWELL,
Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. CARDIN, Mr. CASE, Mr. CLAY,
Mr. COOPER, Mr. CROWLEY, Mr. CUMMINGS, Mr. DAVIS of Alabama, Mr. DAVIS of
Florida, Mr. DELAHUNT, Ms. DELAURO, Mr. ENGEL, Ms. ESHOO, Mr. FARR, Mr. FATTAH,
Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GENE GREEN of Texas, Mr. GRIJALVA,
Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. HOLT, Mr. HONDA, Mr. HOYER, Mr.
INSLEE, Mr. ISRAEL, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Mrs. JONES of
Ohio, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Mr. KIND, Mr. KIRK, Mr. KOLBE,
Mr. LANGEVIN, Mr. LANTOS, Mr. LARSON of Connecticut, Mr. LEACH, Ms. LEE, Mrs.
LOWEY, Mr. LYNCH, Mrs. MALONEY, Mr. MATHESON, Mrs. MCCARTHY, Ms. MCCOLLUM
of Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mr. MEEHAN, Mr. MEEK
of Florida, Mr. MENENDEZ, Mr. GEORGE MILLER of California, Mr. MOORE of Kansas,
Mr. NADLER, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASTOR, Mr. PAYNE, Mr.
PRICE of North Carolina, Ms. ROS-LEHTINEN, Ms. ROYBAL-ALLARD, Mr. SABO, Ms.
LORETTA SANCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr.
SCOTT of Georgia, Mr. SERRANO, Mr. SHAYS, Mr. SHERMAN, Mr. SIMMONS, Mr. SMITH
of Washington, Ms. SOLIS, Mr. STARK, Mrs. TAUSCHER, Mr. THOMPSON of Mississippi,
Mr. TIERNEY, Mr. UDALL of Colorado, Mr. VAN HOLLEN, Ms. WATERS, Ms. WATSON,
Mr. WEXLER, Ms. WOOLSEY, and Mr. WU) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To provide Federal assistance to States and local jurisdictions to
prosecute hate crimes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Local Law Enforcement Hate Crimes Prevention
Act of 2005'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(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.
(2) Such violence disrupts the tranquility and safety of communities and
is deeply divisive.
(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.
(4) Existing Federal law is inadequate to address this problem.
(5) The 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.
(6) Such violence substantially affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted groups and forcing
such members to move across State lines to escape the incidence or risk
of such violence; and
(B) by preventing members of targeted groups from purchasing goods and
services, obtaining or sustaining employment, or participating in other
commercial activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of interstate commerce are
used to facilitate the commission of such violence.
(9) Such violence is committed using articles that have traveled in interstate
commerce.
(10) 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.
(11) 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.
(12) 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.
(13) The problem of crimes motivated by bias is sufficiently serious, widespread,
and interstate in nature as to warrant Federal assistance to States and
local jurisdictions.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as in section 280003(a)
of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994
note).
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND
LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance-
(1) IN GENERAL- At the request of a law enforcement official of a State
or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial,
or any other form of assistance in the criminal investigation or prosecution
of any crime that--
(A) constitutes a crime of violence (as defined in section 16 of title
18, United States Code);
(B) constitutes a felony under the laws of the State or Indian tribe;
and
(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 hate crime laws
of the State or Indian tribe.
(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 1 State and to rural jurisdictions that have difficulty
covering the extraordinary expenses relating to the investigation or prosecution
of the crime.
(1) IN GENERAL- The Attorney General may award grants to assist State, local,
and Indian law enforcement officials with the extraordinary expenses associated
with the investigation and prosecution of hate crimes.
(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program, the Office
of Justice Programs shall work closely with the funded jurisdictions 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.
(A) IN GENERAL- Each State 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.
(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.
(C) REQUIREMENTS- A State or political subdivision of a State or tribal
official applying for assistance under this subsection shall--
(i) describe the extraordinary purposes for which the grant is needed;
(ii) certify that the State, political subdivision, or Indian tribe
lacks the resources necessary to investigate or prosecute the hate crime;
(iii) demonstrate that, in developing a plan to implement the grant,
the State, political subdivision, or tribal official has consulted and
coordinated with nonprofit, nongovernmental victim services programs
that have experience in providing services to victims of hate crimes;
and
(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.
(4) DEADLINE- An application for a grant under this subsection shall be
approved or disapproved by the Attorney General not later than 30 business
days after the date on which the Attorney General receives the application.
(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000
for any single jurisdiction within a 1 year period.
(6) REPORT- Not later than December 31, 2006, 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.
(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $5,000,000 for each of fiscal years 2006 and
2007.
SEC. 5. GRANT PROGRAM.
(a) Authority to Make Grants- The Office of Justice Programs of the Department
of Justice shall award grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local 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.
(b) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL
LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the Treasury
and the Department of Justice, including the Community Relations Service,
for fiscal years 2006, 2007, and 2008 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.
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:
`Sec. 249. Hate crime acts
`(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, 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--
`(A) shall be imprisoned not more than 10 years, fined in accordance with
this title, or both; and
`(B) shall be imprisoned for any term of years or for life, fined in accordance
with this title, or both, if--
`(i) death results from the offense; or
`(ii) the offense includes kidnaping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill.
`(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER,
SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
`(A) IN GENERAL- Whoever, whether or not acting under color of law, in
any circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, 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--
`(i) shall be imprisoned not more than 10 years, fined in accordance
with this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, fined in
accordance with this title, or both, if--
`(I) death results from the offense; or
`(II) the offense includes kidnaping or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill.
`(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances
described in this subparagraph are that--
`(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--
`(I) across a State line or national border; or
`(II) using a channel, facility, or instrumentality of interstate
or foreign commerce;
`(ii) the defendant uses a channel, facility, or instrumentality of
interstate or foreign commerce in connection with the conduct described
in subparagraph (A);
`(iii) in connection with the conduct described in subparagraph (A),
the defendant employs a firearm, explosive or incendiary device, or
other weapon that has traveled in interstate or foreign commerce; or
`(iv) the conduct described in subparagraph (A)--
`(I) interferes with commercial or other economic activity in which
the victim is engaged at the time of the conduct; or
`(II) otherwise affects interstate or foreign commerce.
`(b) Certification Requirement- 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, the Deputy Attorney General, the Associate
Attorney General, or any Assistant Attorney General specially designated by
the Attorney General that--
`(1) he or she has reasonable cause to believe that the actual or perceived
race, color, religion, national origin, gender, sexual orientation, gender
identity, or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
`(2) he or his designee or she or her designee has consulted with State
or local law enforcement officials regarding the prosecution and determined
that--
`(A) the State does not have jurisdiction or does not intend to exercise
jurisdiction;
`(B) the State has requested that the Federal Government assume jurisdiction;
`(C) the State does not object to the Federal Government assuming jurisdiction;
or
`(D) the verdict or sentence obtained pursuant to State charges left demonstratively
unvindicated the Federal interest in eradicating bias-motivated violence.
`(c) Definitions- In this section--
`(1) the term `explosive or incendiary device' has the meaning given the
term in section 232 of this title;
`(2) the term `firearm' has the meaning given the term in section 921(a)
of this title; and
`(3) the term `gender identity' for the purposes of this chapter means actual
or perceived gender-related characteristics.
`(d) Rule of Evidence- In a prosecution for an offense under this section,
evidence of expression or associations of the defendant may not be introduced
as substantive evidence at trial, unless the evidence specifically relates
to that offense. However, nothing in this section affects the rules of evidence
governing impeachment of a witness.'.
(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:
SEC. 8. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes Statistics Act (28
U.S.C. 534 note) is amended by inserting `gender and gender identity,' after
`race,'.
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.
END
