[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1145 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1145

  To provide Federal assistance to States and local jurisdictions to 
                         prosecute hate crimes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

   Mr. Kennedy (for himself, Mr. Specter, Mr. Smith, Mr. Leahy, Ms. 
    Collins, Mr. Lieberman, Ms. Snowe, Mr. Wyden, Mr. Jeffords, Mr. 
 Schumer, Mr. Chafee, Mr. Akaka, Mr. Ensign, Mr. Bayh, Mr. Biden, Mr. 
  Bingaman, Mrs. Boxer, Ms. Cantwell, Mrs. Clinton, Mr. Coleman, Mr. 
Corzine, Mr. Dayton, Mr. Dodd, Mr. Durbin, Mrs. Feinstein, Mr. Harkin, 
   Mr. Inouye, Mr. Johnson, Mr. Kerry, Ms. Landrieu, Mr. Levin, Mrs. 
Lincoln, Ms. Mikulski, Mrs. Murray, Mr. Nelson of Nebraska, Mr. Nelson 
    of Florida, Mr. Obama, Mr. Reed, Mr. Salazar, Mr. Sarbanes, Ms. 
 Stabenow, Mr. Lautenberg, Mr. Pryor, and Mr. Rockefeller) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide Federal assistance to States and local jurisdictions to 
                         prosecute hate crimes.

    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 Enhancement 
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, 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 race, 
                color, religion, national origin, gender, sexual 
                orientation, 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.
    (b) Grants.--
            (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.
            (3) Application.--
                    (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
    ``(a) In General.--
            ``(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, 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, 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, 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; and
            ``(2) the term `firearm' has the meaning given the term in 
        section 921(a) of this title.''.
    (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:

``249. Hate crime acts''.

SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to the 
authority provided 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. 9. 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,'' 
after ``race,''.

SEC. 10. 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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