[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 909 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 909
To provide Federal assistance to States, local jurisdictions, and
Indian tribes to prosecute hate crimes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2009
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 Judiciary
_______________________________________________________________________
A BILL
To provide Federal assistance to States, local jurisdictions, and
Indian tribes 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 ``Matthew Shepard Hate Crimes
Prevention Act''.
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) 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.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(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.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(C) Perpetrators cross State lines to commit such
violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the
commission of such violence.
(E) Such violence is committed using articles that
have traveled in interstate commerce.
(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.
(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.
(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.
(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.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(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); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(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--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
tribal laws; 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
State, local, or tribal hate crime laws.
(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.
(b) Grants.--
(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.
(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.
(3) Application.--
(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.
(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, local, and tribal law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, 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, 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; 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 denied by the Attorney General
not later than 180 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 in any 1-year
period.
(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.
(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.
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.
(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, 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.
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, 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--
``(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 kidnapping 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) 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--
``(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
kidnapping 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, dangerous weapon, 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.
``(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.
``(b) Certification Requirement.--
``(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--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence; or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(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.
``(c) Definitions.--In this section--
``(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;
``(2) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(3) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(4) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.''.
(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. 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,''.
(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''.
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.
SEC. 10. RULE OF CONSTRUCTION.
For purposes of construing this Act and the amendments made by this
Act the following shall apply:
(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.
(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.
(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.
(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.
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