[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2043 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2043

  To provide incentives for hate crime reporting, provide grants for 
State-run hate crime hotlines, and establish alternative sentencing for 
 individuals convicted under the Matthew Shephard and James Byrd, Jr. 
                      Hate Crimes Prevention Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2019

 Mr. Blumenthal (for himself, Mr. Durbin, Ms. Hirono, Mr. Warner, Mr. 
 Kaine, and Mrs. Gillibrand) 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, provide grants for 
State-run hate crime hotlines, and establish alternative sentencing 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 ``Khalid Jabara and Heather Heyer 
National Opposition to Hate, Assault, and Threats to Equality Act of 
2019'' or the ``Jabara-Heyer NO HATE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The incidence of violence known as hate crimes, or 
        crimes motivated by bias, poses a serious national problem.
            (2) According to data obtained by the Federal Bureau of 
        Investigation, the incidence of such violence increased in 
        2017, the most recent year for which data is available.
            (3) In 1990, Congress enacted the Hate Crime Statistics Act 
        (Public Law 101-275; 28 U.S.C. 534 note) to provide the Federal 
        Government, law enforcement agencies, and the public with data 
        regarding the incidence of hate crime. The Hate Crimes 
        Statistics Act 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.
            (4) A more complete understanding of the national problem 
        posed by hate crime is in the public interest and supports the 
        Federal interest in eradicating bias-motivated violence 
        referenced in section 249(b)(1)(C) of title 18, United States 
        Code.
            (5) However, a complete understanding of the national 
        problem posed by hate crimes is hindered by incomplete data 
        from Federal, State, and local jurisdictions through the 
        Uniform Crime Reports program authorized under section 534 of 
        title 28, United States Code, and administered by the Federal 
        Bureau of Investigation.
            (6) Multiple factors contribute to the provision of 
        inaccurate and incomplete data regarding the incidence of hate 
        crime through the Uniform Crime Reports program. A significant 
        contributing factor is the quality and quantity of training 
        that State and local law enforcement agencies receive on the 
        identification and reporting of suspected bias-motivated 
        crimes.
            (7) 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.
            (8) 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hate crime.--The term ``hate crime'' means an act 
        described in section 245, 247, or 249 of title 18, United 
        States Code, or in section 901 of the Civil Rights Act of 1968 
        (42 U.S.C. 3631).
            (2) Priority agency.--The term ``priority agency'' means--
                    (A) a law enforcement agency of a unit of local 
                government that serves a population of not less than 
                100,000, as computed by the Federal Bureau of 
                Investigation; or
                    (B) a law enforcement agency of a unit of local 
                government that--
                            (i) serves a population of not less than 
                        50,000 and less than 100,000, as computed by 
                        the Federal Bureau of Investigation; and
                            (ii) has reported no hate crimes through 
                        the Uniform Crime Reports program in each of 
                        the 3 most recent calendar years for which such 
                        data is available.
            (3) State.--The term ``State'' has the meaning given the 
        term in section 901 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10251).
            (4) Uniform crime reports.--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.
            (5) Unit of local government.--The term ``unit of local 
        government'' has the meaning given the term in section 901 of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10251).

SEC. 4. REPORTING OF HATE CRIMES.

    (a) 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.
    (b) 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 (a), 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 (a) 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. 5. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.

    (a) 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.
    (b) Hotline Requirements.--A State shall ensure, with respect to a 
hotline funded by a grant under subsection (a), 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.
    (c) Best Practices.--The Attorney General shall issue guidance to 
States on best practices for implementing the requirements of 
subsection (b).

SEC. 6. INFORMATION COLLECTION BY STATES AND UNITS OF LOCAL GOVERNMENT.

    (a) Definitions.--In this section:
            (1) Applicable agency.--The term ``applicable agency'', 
        with respect to an eligible entity that is--
                    (A) a State, means--
                            (i) a law enforcement agency of the State; 
                        and
                            (ii) a law enforcement agency of a unit of 
                        local government within the State that--
                                    (I) is a priority agency; and
                                    (II) receives a subgrant from the 
                                State under this section; and
                    (B) a unit of local government, means a law 
                enforcement agency of the unit of local government that 
                is a priority agency.
            (2) Covered agency.--The term ``covered agency'' means--
                    (A) a State law enforcement agency; and
                    (B) a priority agency.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State; or
                    (B) a unit of local government that has a priority 
                agency.
    (b) Grants.--
            (1) In general.--The Attorney General may make grants to 
        eligible entities to assist covered agencies within the 
        jurisdiction of the eligible entity in conducting law 
        enforcement activities or crime reduction programs to prevent, 
        address, or otherwise respond to hate crime, particularly as 
        those activities or programs relate to reporting hate crimes 
        through the Uniform Crime Reports program, including--
                    (A) adopting a policy on identifying, 
                investigating, and reporting hate crimes;
                    (B) developing a standardized system of collecting, 
                analyzing, and reporting the incidence of hate crime;
                    (C) establishing a unit specialized in identifying, 
                investigating, and reporting hate crimes;
                    (D) engaging in community relations functions 
                related to hate crime prevention and education such 
                as--
                            (i) establishing a liaison with formal 
                        community-based organizations or leaders; and
                            (ii) conducting public meetings or 
                        educational forums on the impact of hate 
                        crimes, services available to hate crime 
                        victims, and the relevant Federal, State, and 
                        local laws pertaining to hate crimes; and
                    (E) providing hate crime trainings for agency 
                personnel.
            (2) Subgrants.--A State that receives a grant under 
        paragraph (1) may award a subgrant to a priority agency of a 
        unit of local government within the State for the purposes 
        under that paragraph.
    (c) Information Required of States and Units of Local Government.--
            (1) In general.--For each fiscal year in which an eligible 
        entity receives a grant under subsection (b), the eligible 
        entity shall--
                    (A) collect information from each applicable agency 
                summarizing the law enforcement activities or crime 
                reduction programs conducted by the agency to prevent, 
                address, or otherwise respond to hate crime, 
                particularly as those activities or programs relate to 
                reporting hate crimes through the Uniform Crime Reports 
                program; and
                    (B) submit to the Attorney General a report 
                containing the information collected under subparagraph 
                (A).
            (2) Semiannual law enforcement agency report.--
                    (A) In general.--In collecting the information 
                required under paragraph (1)(A), an eligible entity 
                shall require each applicable agency to submit a 
                semiannual report to the eligible entity that includes 
                a summary of the law enforcement activities or crime 
                reduction programs conducted by the agency during the 
                reporting period to prevent, address, or otherwise 
                respond to hate crime, particularly as those activities 
                or programs relate to reporting hate crimes through the 
                Uniform Crime Reports program.
                    (B) Contents.--In a report submitted under 
                subparagraph (A), a law enforcement agency shall, at a 
                minimum, disclose--
                            (i) whether the agency has adopted a policy 
                        on identifying, investigating, and reporting 
                        hate crimes;
                            (ii) whether the agency has developed a 
                        standardized system of collecting, analyzing, 
                        and reporting the incidence of hate crime;
                            (iii) whether the agency has established a 
                        unit specialized in identifying, investigating, 
                        and reporting hate crimes;
                            (iv) whether the agency engages in 
                        community relations functions related to hate 
                        crime, such as--
                                    (I) establishing a liaison with 
                                formal community-based organizations or 
                                leaders; and
                                    (II) conducting public meetings or 
                                educational forums on the impact of 
                                hate crime, services available to hate 
                                crime victims, and the relevant 
                                Federal, State, and local laws 
                                pertaining to hate crime; and
                            (v) the number of hate crime trainings for 
                        agency personnel, including the duration of the 
                        trainings, conducted by the agency during the 
                        reporting period.
    (d) Compliance and Redirection of Funds.--
            (1) In general.--Except as provided in paragraph (2), 
        beginning not later than 1 year after the date of this Act, an 
        eligible entity receiving a grant under subsection (b) shall 
        comply with subsection (c).
            (2) Extensions; waiver.--The Attorney General--
                    (A) may provide a 120-day extension to an eligible 
                entity that is making good faith efforts to collect the 
                information required under subsection (c); and
                    (B) shall waive the requirements of subsection (c) 
                for a State or unit of local government if compliance 
                with that subsection by the 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.

SEC. 7. REQUIREMENTS OF THE ATTORNEY GENERAL.

    (a) Information Collection and Analysis; Report.--In order to 
improve the accuracy of data regarding the incidence of hate crime 
provided through the Uniform Crime Reports program, and promote a more 
complete understanding of the national problem posed by hate crime, the 
Attorney General shall--
            (1) collect and analyze the information provided by States 
        and units of local government under section 6 for the purpose 
        of developing policies related to the provision of accurate 
        data obtained under the Hate Crime Statistics Act (Public Law 
        101-275; 28 U.S.C. 534 note) by the Federal Bureau of 
        Investigation; and
            (2) for each calendar year beginning after the date of 
        enactment of this Act, publish and submit to Congress a report 
        based on the information collected and analyzed under paragraph 
        (1).
    (b) Contents of Report.--A report submitted under subsection (a) 
shall include--
            (1) a qualitative analysis of the relationship between--
                    (A) the number of hate crimes reported by State law 
                enforcement agencies or priority agencies through the 
                Uniform Crime Reports program; and
                    (B) the nature and extent of law enforcement 
                activities or crime reduction programs conducted by 
                those agencies to prevent, address, or otherwise 
                respond to hate crime; and
            (2) a quantitative analysis of the number of State law 
        enforcement agencies and priority agencies that have--
                    (A) adopted a policy on identifying, investigating, 
                and reporting hate crimes;
                    (B) developed a standardized system of collecting, 
                analyzing, and reporting the incidence of hate crime;
                    (C) established a unit specialized in identifying, 
                investigating, and reporting hate crimes;
                    (D) engaged in community relations functions 
                related to hate crime, such as--
                            (i) establishing a liaison with formal 
                        community-based organizations or leaders; and
                            (ii) conducting public meetings or 
                        educational forums on the impact of hate crime, 
                        services available to hate crime victims, and 
                        the relevant Federal, State, and local laws 
                        pertaining to hate crime; and
                    (E) conducted hate crime trainings for agency 
                personnel during the reporting period, including--
                            (i) the total number of trainings conducted 
                        by each agency; and
                            (ii) the duration of the trainings 
                        described in clause (i).

SEC. 8. ALTERNATIVE SENTENCING.

    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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