[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.
                                 <all>