[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 662

 To provide incentives for hate crime reporting, grants for State-run 
 hate crime hotlines, a Federal private right of action for victims of 
 hate crimes, and additional penalties for individuals convicted under 
  the Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2017

 Mr. Blumenthal (for himself, Mr. Sanders, Mr. Markey, Mr. Durbin, Mr. 
Merkley, Mr. Kaine, Ms. Baldwin, Mr. Wyden, and Ms. Hirono) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide incentives for hate crime reporting, grants for State-run 
 hate crime hotlines, a Federal private right of action for victims of 
 hate crimes, and additional penalties for individuals convicted under 
  the Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act.

    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 ``National Opposition to Hate, 
Assault, and Threats to Equality Act of 2017'' or ``NO HATE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (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, known as hate crimes or crimes motivated by bias, poses 
        a serious national problem.
            (2) Such violence disrupts the tranquility and safety of 
        communities and is deeply divisive.
            (3) A prominent characteristic of a violent crime motivated 
        by bias is that it not only devastates the actual victim and 
        the family and friends of the victim, but also frequently 
        ravages the community sharing the traits that caused the victim 
        to be selected.
            (4) According to data obtained by the Federal Bureau of 
        Investigation, the incidence of such violence increased in 
        2015, the most recent year for which data is available, in 
        comparison to prior years.
            (5) The Hate Crimes Statistics Act (Public Law 101-275; 28 
        U.S.C. 534 note) and the Matthew Shepard and James Byrd, Jr. 
        Hate Crimes Prevention Act (division E of Public Law 111-84; 
        123 Stat. 2835) have enabled Federal authorities to understand 
        and, where appropriate, investigate and prosecute hate crimes.
            (6) However, a complete understanding of the national 
        problem posed by hate crimes is hindered by incomplete data 
        from Federal, State, and local jurisdictions obtained through 
        the Uniform Crime Reports program authorized under section 534 
        of title 28, United States Code, and administered by the 
        Federal Bureau of Investigation.
            (7) Increased implementation of the National Incident-Based 
        Reporting System will enable the Federal Bureau of 
        Investigation to obtain more detailed and accurate information 
        on many crimes, including violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, gender identity, or disability of the 
        victim.
            (8) State-run hotlines that direct victims or witnesses of 
        hate crimes to law enforcement or local support services will 
        allow State and local law enforcement agencies, as well as 
        local community-based service providers, to understand hate 
        crimes more fully and to act accordingly.
            (9) A Federal private right of action provides an 
        additional option of recourse for individuals who are targeted 
        for violence based on actual or perceived race, color, 
        religion, national origin, gender, sexual orientation, gender 
        identity, or disability.
            (10) Many perpetrators of crimes motivated by bias may 
        benefit from educational programming or volunteer service 
        conducted in conjunction with, under the guidance of, or with 
        the input of the community targeted by the hate crime.
            (11) Federal financial assistance with regard to 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.
            (12) The problem of crimes motivated by bias is 
        sufficiently serious, widespread, and interstate in nature as 
        to warrant Federal financial assistance to States and local 
        jurisdictions.

SEC. 3. REPORTING OF HATE CRIMES.

    (a) Definitions.--In this section--
            (1) the term ``hate crime'' means a criminal offense 
        against a person or property motivated in whole or in part by 
        an offender's bias against a race, color, religion, national 
        origin, gender, sexual orientation, gender identity, or 
        disability; and
            (2) the term ``Uniform Crime Reports'' means the reports 
        authorized under section 534 of title 28, United States Code, 
        and administered by the Federal Bureau of Investigation that 
        compile nationwide criminal statistics for use--
                    (A) in law enforcement administration, operation, 
                and management; and
                    (B) to assess the nature and type of crime in the 
                United States.
    (b) Implementation Grants.--
            (1) In general.--The Attorney General may make grants to 
        States and units of local government to assist the State or 
        unit of local government in implementing the National Incident-
        Based Reporting System, including to train employees in 
        identifying and classifying hate crimes in the National 
        Incident-Based Reporting System.
            (2) Priority.--In making grants under paragraph (1), the 
        Attorney General shall give priority to States and units of 
        local government with larger populations.
    (c) Reporting.--
            (1) Compliance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), in each fiscal year beginning after the date that 
                is 3 years after the date on which a State or unit of 
                local government first receives a grant under 
                subsection (b), the State or unit of local government 
                shall provide to the Attorney General, through the 
                Uniform Crime Reporting system, information pertaining 
                to hate crimes committed in that jurisdiction during 
                the preceding fiscal year.
                    (B) Extensions; waiver.--The Attorney General--
                            (i) may provide a 120-day extension to a 
                        State or unit of local government that is 
                        making good faith efforts to comply with 
                        subparagraph (A); and
                            (ii) shall waive the requirements of 
                        subparagraph (A) if compliance with that 
                        subparagraph by a State or unit of local 
                        government would be unconstitutional under the 
                        constitution of the State or of the State in 
                        which the unit of local government is located, 
                        respectively.
            (2) Failure to comply.--If a State or unit of local 
        government that receives a grant under subsection (b) fails to 
        substantially comply with paragraph (1) of this subsection, the 
        State or unit of local government shall repay the grant in 
        full, plus reasonable interest and penalty charges allowable by 
        law or established by the Attorney General.

SEC. 4. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.

    (a) Definition.--In this section, the term ``hate crime'' means a 
criminal offense against a person or property motivated in whole or in 
part by an offender's bias against a race, color, religion, national 
origin, gender, sexual orientation, gender identity, or disability.
    (b) Grants Authorized.--
            (1) In general.--The Attorney General shall make grants to 
        States to create State-run hate crime reporting hotlines.
            (2) Grant period.--A grant made under paragraph (1) shall 
        be for a period of not more than 5 years.
    (c) Hotline Requirements.--A State shall ensure, with respect to a 
hotline funded by a grant under subsection (b), that--
            (1) the hotline directs individuals to--
                    (A) law enforcement if appropriate; and
                    (B) local support services;
            (2) any personally identifiable information that an 
        individual provides to an agency of the State through the 
        hotline is not directly or indirectly disclosed, without the 
        consent of the individual, to--
                    (A) any other agency of that State;
                    (B) any other State;
                    (C) the Federal Government; or
                    (D) any other person or entity;
            (3) the staff members who operate the hotline are trained 
        to be knowledgeable about--
                    (A) applicable Federal, State, and local hate crime 
                laws; and
                    (B) local law enforcement resources and applicable 
                local support services; and
            (4) the hotline is accessible to--
                    (A) individuals with limited English proficiency, 
                where appropriate; and
                    (B) individuals with disabilities.
    (d) Best Practices.--The Attorney General shall issue guidance to 
States on best practices for implementing the requirements of 
subsection (c).

SEC. 5. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR 
              PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN.

    (a) Definitions.--In this section--
            (1) the term ``crime'' means an act or series of acts that 
        would constitute a criminal offense under Federal or State law, 
        whether or not the act or acts--
                    (A) have actually resulted in criminal charges, 
                prosecution, or conviction; or
                    (B) were committed in the special maritime and 
                territorial jurisdiction of the United States or in a 
                Federal prison; and
            (2) the term ``crime motivated by actual or perceived race, 
        color, religion, or national origin'' means a crime committed 
        because of actual or perceived race, color, religion, or 
        national origin.
    (b) Purpose.--Pursuant to the affirmative power of Congress to 
enact this section under section 2 of the Thirteenth Amendment to the 
Constitution of the United States, as well as under section 8 of 
Article I of the Constitution, the purpose of this section is to 
protect the civil rights of victims of crimes motivated by actual or 
perceived race, color, religion, or national origin and to promote 
public safety, health, and activities affecting interstate commerce by 
establishing a Federal civil rights cause of action for victims of 
crime motivated by actual or perceived race, color, religion, or 
national origin.
    (c) Right To Be Free From Certain Crimes.--All persons within the 
United States shall have the right to be free from crimes motivated by 
actual or perceived race, color, religion, or national origin.
    (d) Cause of Action.--A person (including a person who acts under 
color of any statute, ordinance, regulation, custom, or usage of any 
State) who commits a crime motivated by actual or perceived race, 
color, religion, or national origin, and thus deprives another of the 
right declared in subsection (c), shall be liable to the party injured, 
in an action for the recovery of compensatory and punitive damages, 
injunctive and declaratory relief, and such other relief as a court may 
deem appropriate.
    (e) Damages.--In any civil action brought under this section in 
which the plaintiff prevails, the court--
            (1) shall award treble compensatory damages and a 
        reasonable attorney's fee; and
            (2) may, in its discretion, award equitable relief.
    (f) Limitations.--
            (1) Period of limitations.--An action under this section 
        may not be commenced later than 3 years after the date of the 
        act complained of.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to authorize a cause of action under subsection (d) 
        for--
                    (A) a random act unrelated to actual or perceived 
                race, color, religion, or national origin; or
                    (B) an act that cannot be demonstrated, by a 
                preponderance of the evidence, to be a crime motivated 
                by actual or perceived race, color, religion, or 
                national origin.
    (g) Concurrent Jurisdiction.--The district courts of the United 
States shall have original jurisdiction, concurrent with State courts, 
of an action under this section.
    (h) No Prior Criminal Action.--Nothing in this section shall be 
construed to require a prior criminal complaint, prosecution, or 
conviction to establish the elements of a cause of action under 
subsection (d).

SEC. 6. PRIVATE RIGHT OF ACTION FOR CRIMES MOTIVATED BY ACTUAL OR 
              PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL 
              ORIENTATION, GENDER IDENTITY, OR DISABILITY.

    (a) Definitions.--In this section--
            (1) the term ``crime'' means an act or series of acts that 
        would constitute a criminal offense under Federal or State law, 
        whether or not the act or acts have actually resulted in 
        criminal charges, prosecution, or conviction; and
            (2) the term ``crime motivated by actual or perceived 
        religion, national origin, gender, sexual orientation, gender 
        identity, or disability'' means a crime committed because of 
        actual or perceived religion, national origin, gender, sexual 
        orientation, gender identity, or disability.
    (b) Purpose.--Pursuant to the affirmative power of Congress to 
enact this section under clause 3 of section 8 of Article I of the 
Constitution of the United States (commonly known as the ``Commerce 
Clause''), the purpose of this section is to protect the civil rights 
of victims of crimes motivated by actual or perceived religion, 
national origin, gender, sexual orientation, gender identity, or 
disability and to promote public safety, health, and activities 
affecting interstate commerce by establishing a Federal civil rights 
cause of action for victims of crime motivated by actual or perceived 
religion, national origin, gender, sexual orientation, gender identity, 
or disability.
    (c) Right To Be Free From Certain Crimes.--All persons within the 
United States shall have the right to be free from crimes motivated by 
actual or perceived religion, national origin, gender, sexual 
orientation, gender identity, or disability.
    (d) Cause of Action.--
            (1) In general.--A person (including a person who acts 
        under color of any statute, ordinance, regulation, custom, or 
        usage of any State), in any circumstance described in paragraph 
        (2) or within the special maritime and territorial jurisdiction 
        of the United States or a Federal prison, who commits a crime 
        motivated by actual or perceived religion, national origin, 
        gender, sexual orientation, gender identity, or disability, and 
        thus deprives another of the right declared in subsection (c), 
        shall be liable to the party injured, in an action for the 
        recovery of compensatory and punitive damages, injunctive and 
        declaratory relief, and such other relief as a court may deem 
        appropriate.
            (2) Circumstances described.--For purposes of paragraph 
        (1), the circumstances described in this paragraph are that--
                    (A) the conduct described in paragraph (1) 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;
                    (B) the defendant uses a channel, facility, or 
                instrumentality of interstate or foreign commerce in 
                connection with the conduct described in paragraph (1);
                    (C) in connection with the conduct described in 
                paragraph (1), the defendant employs a firearm, 
                dangerous weapon, explosive or incendiary device, or 
                other weapon that has traveled in interstate or foreign 
                commerce;
                    (D) the conduct described in paragraph (1)--
                            (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.
    (e) Damages.--In any civil action brought under this section in 
which the plaintiff prevails, the court--
            (1) shall award treble compensatory damages and a 
        reasonable attorney's fee; and
            (2) may, in its discretion, award equitable relief.
    (f) Limitations.--
            (1) Period of limitation.--An action under this section may 
        not be commenced later than 3 years after the date of the act 
        complained of.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to authorize a cause of action under subsection (d) 
        for--
                    (A) a random act unrelated to actual or perceived 
                religion, national origin, gender, sexual orientation, 
                gender identity, or disability; or
                    (B) an act that cannot be demonstrated, by a 
                preponderance of the evidence, to be a crime motivated 
                by actual or perceived religion, national origin, 
                gender, sexual orientation, gender identity, or 
                disability.
    (g) Concurrent Jurisdiction.--The district courts of the United 
States shall have original jurisdiction, concurrent with State courts, 
of an action under this section.
    (h) No Prior Criminal Action.--Nothing in this section shall be 
construed to require a prior criminal complaint, prosecution, or 
conviction to establish the elements of a cause of action under 
subsection (d).

SEC. 7. ADDITIONAL CRIMINAL PENALTIES.

    Section 249 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Supervised Release.--If a court includes, as a part of a 
sentence of imprisonment imposed for a violation of subsection (a), a 
requirement that the defendant be placed on a term of supervised 
release after imprisonment under section 3583, the court may order, as 
an explicit condition of supervised release, that the defendant 
undertake educational classes or community service directly related to 
the community harmed by the defendant's offense.''.
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