[Congressional Record Volume 146, Number 55 (Monday, May 8, 2000)]
[Senate]
[Page S3602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  SHOTINGS IN PITTSBURGH, PENNSYLVANIA

  Mr. SPECTER. Mr. President, I seek recognition today to speak about 
an incident that has sent shock waves throughout the conscience of our 
Nation. On April 28th, in Pittsburgh, Pennsylvania, five of my 
constituents were brutally murdered and one critically injured in what 
seems to be a hate crime. Reports indicate that the perpetrator 
actively and methodically sought out his minority victims during the 
72-minute rampage. The victims of this brutal rampage were a 63-year-
old Jewish woman, a 31-year-old man of Indian descent, a 22-year-old 
African-American student, a 27-year-old Vietnamese man, and a 34-year-
old Chinese-American man. In addition to the five people killed, 
another 25-year-old man of Indian descent was shot in the neck and 
critically injured. The alleged killer also fired rounds at two 
synagogues and spray-painted the word ``Jew'' and two swastikas on the 
wall of one of them.
  The alleged murderer was arraigned on five counts of homicide, seven 
counts of ethnic intimidation, three counts of criminal mischief, two 
counts each of arson and institutional vandalism and one count each of 
attempted homicide, firearms violations, reckless endangerment and 
aggravated assault. This senseless rampage that left five people dead 
and one in critical condition poses some of the most important and 
vexing law enforcement challenges currently facing our Nation. Such 
heinous hate-filled acts of violence divide our communities, intimidate 
our citizens, and poison our collective spirit. While our hearts are 
grieving for those who have lost loved ones, we must try and find some 
consolation by using this atrocity to send a strong message that hate 
crimes will not be tolerated.
  Such vicious attacks are a form of terrorism that threaten the entire 
Nation and undermine the ideals on which we were founded. I am a 
principal sponsor of S. 622, the Hate Crimes Prevention Act of 1999. I 
was the District Attorney in Philadelphia for eight years and I did not 
like Federal encroachment on State jurisdiction--but there are some 
instances when Federal intervention is necessary. Some of the ugliest 
instances of violence in our nation have been motivated by hatred based 
on race, color, religion, national origin, sexual orientation, and 
disability. It is in the case where it is plain that it was a hate 
crime situation--in these extremely usual situations, the I believe 
Federal authority ought to be present where it is necessary.
  I know that there are those that are concerned about the expansion of 
Federal jurisdiction, which is something that we should be very careful 
about. It is with this very concern in mind that this legislation has 
been narrowly tailored to target a very, very important area--it has 
been done with a scalpel and not a meat axe. We need to let people out 
there know that if the crime is bad enough and the local prosecutors 
won't act that there is a Federal authority to come in where absolutely 
necessary. Current law, 18 United States Code, Section 245, permits 
federal prosecution of a hate crime only if the crime was motivated by 
bias based on race, religion, national origin, or color and the 
assailant intended to prevent the victim from exercising a ``federally 
protected right.'' These activities are: (A) enrolling in or attending 
a public school or public college; (B) participating in or enjoying a 
service, program, facility or activity provided or administered by any 
state or local government; (C) applying for or enjoying employment; (D) 
serving in a state court as a grand or petit juror; (E) traveling in or 
using a facility of interstate commerce; and (F) enjoying the goods or 
services of certain places of public accommodation. The statute's dual 
requirement that the government has to prove that the defendant 
committed an offense not only because of the victim's race, color, 
religion, or national origin, but also because of the victim's 
participation in one of six narrowly defined ``federally protected 
activities'' substantially limits the potential for federal prosecution 
of hate crimes, even when the crime is particularly heinous. The Hate 
Crime Prevention Act will make it easier for the Federal government to 
successfully prosecute ate crimes by amending current law to eliminate 
the dual requirement and by expanding the list groups entitled to 
protection under Federal law to include women, homosexuals and the 
disabled. Under this bill, hate crimes that cause death or bodily 
injury can be investigated federally, regardless of whether the victim 
was exercising a federally protected right. In cases involving violent 
hate crimes based on the victims gender, sexual orientation, or 
disability, the bill would make it a Federal crime to willfully cause 
bodily injury to any person, or attempt to do so through use of a 
firearm or explosive device, whenever the incident affected or involved 
interstate commerce. No longer would Federal criminal civil rights 
jurisdiction hinge upon whether a racial murder occurs on a public 
sidewalk versus a private parking lot. No longer would the Federal 
government be without the power to work with State and local officials 
in the investigation and prosecution of a racist who targets and 
assaults an African American. Criminals will no longer be able to evade 
Federal prosecution simply because their victims were not enrolling in 
a public school, using a place of public accommodation, or 
participating in any of the six federally protected activities at the 
time they were assaulted.

  Mr. President, this is a bill that is narrowly tailored to reach only 
the most egregious forms of hate crimes. It is important to note that 
this bill does not impact issues such as job discrimination, political 
speech or graffiti.
  America is the great melting pot. People of different races, 
religion, and creed join together from all around the globe seeking 
freedom--religious freedom, political freedom and economic freedom. But 
unfortunately in our society today there are those who harbor animus 
towards others because of the color of their skin or the church they 
attend. Few crimes tear more deeply at the fabric of our Nation than 
crimes motivated by such hatred. We must continue to work towards 
freeing our Nation from such violence, discrimination, hatred, and 
bigotry through education and public awareness. However, while we work 
towards this goal we must ensure that each and every American is 
protected from crimes based on race, color, religion, national origin, 
gender, sexual orientation, or disability.

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