[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1529

 To enhance Federal enforcement of hate crimes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 1997

 Mr. Kennedy (for himself, Mr. Specter, Mr. Wyden, Mrs. Feinstein, and 
Mr. Torricelli) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To enhance Federal enforcement of 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 ``Hate Crimes Prevention Act of 
1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the incidence of violence motivated by the actual or 
        perceived race, color, national origin, religion, sexual 
        orientation, gender, 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) existing Federal law is inadequate to address this 
        problem;
            (4) such violence 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;
            (5) perpetrators cross State lines to commit such violence;
            (6) instrumentalities of interstate commerce are used to 
        facilitate the commission of such violence;
            (7) such violence is committed using articles that have 
        traveled in interstate commerce;
            (8) violence motivated by bias that is a relic of slavery 
        can constitute badges and incidents of slavery;
            (9) although many local jurisdictions have attempted to 
        respond to the challenges posed by such violence, the problem 
        is sufficiently serious, widespread, and interstate in scope to 
        warrant Federal intervention to assist such jurisdictions; and
            (10) many States have no laws addressing violence based on 
        the actual or perceived race, color, national origin, religion, 
        sexual orientation, gender, or disability, of the victim, while 
        other States have laws that provide only limited protection.

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. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

    Section 245 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) 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 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, or fined 
        in accordance with this title, or both; and
            ``(B) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both if--
                    ``(i) death results from the acts committed in 
                violation of this paragraph; or
                    ``(ii) the acts omitted in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(2)(A) 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 device, attempts to cause bodily injury to any person, 
because of the actual or perceived religion, gender, sexual 
orientation, or disability of any person--
            ``(i) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; and
            ``(ii) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(I) death results from the acts committed in 
                violation of this paragraph; or
                    ``(II) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(B) For purposes of subparagraph (A), the circumstances described 
in this subparagraph are that--
            ``(i) in connection with the offense, the defendant or the 
        victim travels in interstate or foreign commerce, uses a 
        facility or instrumentality of interstate or foreign commerce, 
        or engages in any activity affecting interstate or foreign 
        commerce; or
            ``(ii) the offense is in or affects interstate or foreign 
        commerce.''.

SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall study the issue of adult recruitment 
of juveniles to commit hate crimes and shall, if appropriate, amend the 
Federal sentencing guidelines to provide sentencing enhancements (in 
addition to the sentencing enhancement provided for the use of a minor 
during the commission of an offense) for adult defendants who recruit 
juveniles to assist in the commission of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 6. GRANT PROGRAM.

    (a) Authority to Make Grants.--The Administrator of the Office of 
Juvenile Justice and Delinquency Prevention of the Department of 
Justice shall make 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.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 7. 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 1998, 1999, and 2000 such sums as 
are necessary to increase the number of personnel to prevent and 
respond to alleged violations of section 245 of title 18, United States 
Code (as amended by this Act).

SEC. 8. 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.
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