[Congressional Record Volume 153, Number 59 (Thursday, April 12, 2007)]
[Senate]
[Pages S4445-S4448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Smith, Mr. Leahy, Mr. Specter, 
        Ms. Mikulski, Ms. Collins, Mr. Menendez, Ms. Snowe, Mr. Brown, 
        Mr. Kerry, Mr. Durbin, Mr. Lautenberg, Mr. Dodd, Mr. Nelson of 
        Nebraska, Mrs. Feinstein, Mr. Levin, Mr. Harkin, Mr. 
        Whitehouse, Ms. Stabenow, Mr. Biden, Mrs. Murray, Mr. Bayh, Ms. 
        Cantwell, Mr. Cardin, Mr. Lieberman, Mr. Reed, Mr. Schumer, Mr. 
        Obama, Mrs. Boxer, Ms. Klobuchar, Mr. Akaka, Mr. Bingaman, Mrs. 
        Clinton, Ms. Landrieu, Mr. Rockefeller, Mrs. Lincoln, Mr. 
        Casey, Mrs. McCaskill, Mr. Inouye, Mr. Nelson of Florida, Mr. 
        Salazar, and Mr. Johnson):
  S. 1105. A bill to provide Federal assistance to States, local 
jurisdictions, and Indian tribes to prosecute hate crimes, and for 
other purposes; to the Committee on the Judiciary.
  Mr. KENNEDY. Mr. President, hate crimes violate everything our 
country stands for. They send the poisonous message that certain 
Americans deserve to be victimized solely because of who they are. 
These are crimes committed against entire communities, the Nation as a 
whole and the very ideals upon which our country was founded.
  The vast majority of Congress agrees. In 2000, 57 Senators voted in 
support of this bill. In 2002, 54 Senators voted with us, and, in 2004, 
we had 65 votes. Today, we are re-introducing this bicameral, 
bipartisan bill with the support of 39 original cosponsors, and we have 
the

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votes to get cloture. We have the votes in the House too. This year, we 
are going to get it done.
  Our legislation is supported by a broad coalition of over 210 law 
enforcement, civic, religious and civil rights groups, including the 
International Association of Chiefs of Police, the National Sheriffs 
Association, the Anti-Defamation League, the Interfaith Alliance, the 
U.S. Conference of Mayors, the Leadership Conference on Civil Rights, 
the National District Attorneys Association, and the National Center 
for Victims of Crime.
  Data from the National Crime Victimization Survey are especially 
disturbing because they indicate that a large number of hate crimes go 
unreported. The data indicates that an average of 191,000 hate crimes 
take place every year, but only a small percentage are reported to the 
police.
  We obviously need to strengthen the ability of Federal, State and 
local governments to investigate and prosecute these vicious and 
senseless crimes. The existing Federal hate crime statute was passed in 
1968, soon after the assassination of Dr. Martin Luther King, Jr. It 
was such an important step forward at the time, but it is now a 
generation out of date.
  The absence of effective legislation has undoubtedly resulted in the 
failure to solve many hate-motivated crimes. The recent action of the 
Justice Department in reopening 40 civil-rights-era murders 
demonstrates the need for adequate laws. Many of the victims in these 
cases have been denied justice for decades, and for some, justice will 
never come.
  This bill corrects two major deficiencies in current law--one, the 
excessive restrictions requiring proof that victims were attacked 
because they were engaged in certain ``federally protected 
activities,'' and, two, the limited scope of the law, which covers only 
hate crimes based on race, religion, or ethnic background, excluding 
violence committed against persons because of their sexual orientation, 
gender, gender identity, or disability.
  The federally protected activity requirement is outdated, unwise and 
unnecessary, particularly when we consider the unjust outcomes that 
result from this requirement. Hate crimes can occur in a variety of 
circumstances, and citizens are often targeted during routine 
activities that should be protected.
  For example, in June 2003, six Latino teenagers went to a family 
restaurant on Long Island. They knew one another from their involvement 
in community activities and were together to celebrate one of their 
birthdays. As the group entered the restaurant, three men who were 
leaving the bar assaulted them, pummeling one boy and severing a tendon 
in his hand with a sharp weapon. During the attack, the men yelled 
racial slurs and one identified himself as a skinhead.
  Two of the men were tried under the current Federal law for 
committing a hate crime and were acquitted. The jurors said the 
government failed to prove that the attack took place because the 
victims were engaged in a federally protected activity--using the 
restaurant. The result in this case is only one example of the 
inadequate protection under current law. The bill we introduce today 
will eliminate the federally protected activity requirement. Under this 
bill, the defendants who left the courtroom as free men would almost 
certainly have left in handcuffs through a different door.
  The bill also recognizes that hate crimes are also committed against 
people because of their sexual orientation, their gender, their gender 
identity, or their disability. It's up to Congress to make sure that 
tough Federal penalties also apply to those who commit such crimes as 
well. Passing this bill will send a loud and clear message. All hate 
crimes will face Federal prosecution. Action is long overdue.
  Examples of the problem abound. Two years ago, a 52-year-old Alabama 
man was beaten on the head with a hammer because he was gay. Still 
waiting for justice, the man lies in a coma as a result of that attack.
  In 1993, a 21-year-old transgender man, Brandon Teena was raped and 
beaten in Humboldt, NE, by two male friends. The local sheriff refused 
to arrest the offenders, and they later shot and stabbed Brandon to 
death.
  In 1999, four women in Yosemite National Park were targeted by a man 
who admitted to having fantasized about killing women for most of his 
life. The current hate crime law did not apply to this horrific crime 
because enjoyment of a Federal park is not a federally protected right.
  In 2001, Fred C. Martinez, Jr., a Navajo, openly gay, transgender 
youth, was murdered while walking home from a party in Cortez, CO. The 
perpetrator, Shaun Murphy, had traveled from New Mexico to Colorado 
with a friend in order to sell illegal drugs. He met Fred at a carnival 
that night, and the next morning, while driving, he saw Fred walking 
down the street. Shaun and his friend offered Fred a ride and dropped 
him off close to home. Shortly thereafter, Shaun attacked Fred and beat 
him to death with a large rock. His body was discovered several days 
later. The attackers bragged about this vicious crime, describing the 
victim with vulgar epithets.
  The perpetrator could not be charged with a hate crime because no 
State or Federal law protecting gender identity existed. He received a 
40-year sentence under a plea agreement and he will be eligible for 
parole in 25 years. His victim did not live long enough to see his 20th 
birthday. If the defendant had been charged with a Federal hate crime, 
he could have received a life sentence. If the prosecutor had greater 
aid for his investigation under the proposed legislation, he could have 
had a stronger case against the defendant and prosecuted him more 
effectively.
  In October 2002, two deaf girls in Somerville, MA--one of whom was 
wheelchair bound due to cerebral palsy--were harassed and sexually 
assaulted by four suspected gang members in a local park. Although the 
alleged perpetrators were charged in the incident, the assaults could 
not be charged as hate crimes because there is no Federal protection 
for hate crimes against disabled individuals.
  These examples graphically illustrate the senseless brutality that 
our fellow citizens face simply for being who they are. They also 
highlight the importance of passing this legislation, which is long 
overdue.The vast majority of us in Congress have recognized the 
importance of this legislation since it was first introduced--nearly 10 
years ago. This year, we have an opportunity to pass it in both the 
Senate and the House, and enact it into law. Let's make the most of 
this opportunity, and do all we can to end these senseless crimes.
  I ask unanimous consent to print in the Record this list of 
organizations who support the Matthew Shepard bill.
  There being no objection the material was ordered to be printed as 
follows:

       1. American-Arab Anti-Discrimination Committee.
       2. American Association of University Women.
       3. American Civil Liberties Union.
       4. American Jewish Committee.
       5. American Psychological Association.
       6. Anti-Defamation League.
       7. Asian American Justice Center.
       8. Center for the Study of Hate and Extremism.
       9. Human Rights Campaign.
       10. Interfaith Alliance.
       11. International Association of Chiefs of Police.
       12. Japanese American Citizens League.
       13. Jewish Council for Public Affairs.
       14. Leadership Conference on Civil Rights.
       15. Matthew Shepard Foundation.
       16. National Association for the Advancement of Colored 
     People.
       17. National Council of Jewish Women.
       18. National District Attorneys Association.
       19. National Sheriffs' Association.
       20. People for the American Way.
       21. Religious Action Center of Reform Judaism.
       22. SALDEF (Sikh American Legal Defense and Education 
     Fund).
       23. Unitarian Universalist Association.
       24. The United States Conference of Mayors.
       25. Group Letter: Religious Organizations: African American 
     Ministers in Action, American Jewish Committee. Anti-
     defamation League, Buddhist Peace Fellowship, Catholics for a 
     Free Choice, Church Women United, The Episcopal Church, 
     Hadassah, Hindu American Foundation, The Interfaith Alliance, 
     Jewish Council for Public Affairs, Jewish Women 
     International, Muslim Public Affairs Council, NA'AMAT USA, 
     National Council of Churches of Christ, National Council of 
     Jewish Women, North American Federation of Temple Youth, 
     Presbyterian Church USA, Sikh Council on Religion and 
     Education, United Church of Christ Justice and Witness 
     Ministries, Union for Reform Judaism, United Methodist Church 
     General Board of Church and Society, Unitarian Universalist 
     Association of Congregations,

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     United Synagogues of Conservative Judaism and Women of Reform 
     Judaism.
       26. Group Letter: Consortium for Citizens with 
     Disabilities: Alexander Graham Bell Association for the Deaf 
     and Hard of Hearing, American Association on Health and 
     Disability, American Association on Intellectual and 
     Developmental Disabilities, American Association on Mental 
     Retardation, American Association of People with 
     Disabilities, American Council of the Blind, American 
     Counseling Association, American Dance Therapy Association, 
     American Medical Rehabilitation Providers Association, 
     American Music Therapy Association, American Network of 
     Community Options and Resources, American Occupational 
     Therapy Association, American Psychological Association, 
     American Therapeutic Recreation Association, American 
     Rehabilitation Association, Association of Tech Act Projects, 
     Association of University Centers of Disabilities, Autism 
     Society of America, Bazelon Center for Mental Health Law, 
     Council for Learning Disabilities, Council of State 
     Administrators of Vocational Rehabilitation, Easter Seals, 
     Epilepsy Foundation, Hellen Keller National Center, Learning 
     Disabilities Association of America, National Alliance on 
     Mental Illness, National Association of Councils on 
     Developmental Disabilities, National Coalition on Deaf-
     Blindness, National Disability Rights Network, National Down 
     Syndrome Society, National Fragile X Foundation, National 
     Rehabilitation Association, National Respite Coalition, 
     National Structured Settlement Trade Association, NISH, 
     Paralyzed Veterans of America, Research Institute for 
     Independent Living, School Social Work Association of 
     America, Spina Bifida Association, The Arc of the United 
     States, United Cerebral Palsy, United Spinal Association, 
     World Institute on Disability.
       27. Group Letter: National Partnership for Women and 
     Families: 9to5 Bay Area, 9to5 Colorado, 9to5 Poverty Network 
     Initiative (Wisconsin), 9to5 National Association of Working 
     Women, AFL-CIO Department of Civil, Human and Women's Rights, 
     American Association of University Women, Atlanta 9to5, Break 
     the Cycle, Coalition of Labor Union Women, Colorado Coalition 
     Against Sexual Assault (CCASA), Communications Workers of 
     America AFL-CIO, Democrats.com, Equal Rights Advocates, 
     Feminist Majority, Gender Public Advocacy Coalition, Gender 
     Watchers, Hadassah the Women's Zionist Organization of 
     America, Legal Momentum, Los Angeles 9to5, NA'AMAT USA, 
     National Abortion Federation, National Asian Pacific American 
     Women's Forum, National Association of Social Workers, 
     National Center for Lesbian Rights, National Congress of 
     Black Women, National Council of Jewish Women, National 
     Council of Women's Organizations, National Organization for 
     Women, National Partnership for Women and Families, National 
     Women's Conference, National Women's Committee, National 
     Women's Law Center, Northwest Women's Law Center, Sargent 
     Shriver National Center on Poverty Law, The Women's Institute 
     for Freedom of the Press, Washington Teachers Union, Women 
     Employed, Women's Law Center of Maryland, Women's Research 
     and Education Institute, YWCA USA.
       28. Excerpts of Support for the Hate Crime Prevention Act 
     of 2007.
       29. General List of Supporting Organizations 2007.

  Mr. BAYH. Mr. President, like acts of terrorism, hate crimes have an 
impact far greater than the impact on the individual victim. They are 
crimes against entire communities, the whole Nation, and the ideals of 
liberty and justice upon which America was founded.
  First enacted nearly 40 years ago after the assassination of Martin 
Luther King, Federal hate crime laws have provided an important basis 
for prosecuting those who commit violent acts against another due to 
the person's race, color, religion or national origin.
  Current law, however, makes it unnecessarily difficult to investigate 
and prosecute these and other insidious hate crimes. Consequently, the 
time has come to remove some of these hurdles and to expand the scope 
of Federal law so Americans who fall victim to hate crimes can receive 
protection under Federal law.
  That is why I have cosponsored the Local Law Enforcement Hate Crimes 
Act of 2007, a bipartisan bill with broad political support that has 
been endorsed by 210 law enforcement, civil rights, civic, and 
religious organizations.
  The bill will strengthen the ability of Federal, State, and local 
governments to investigate and prosecute hate crimes based on race, 
ethnic background, religion, gender, sexual orientation, disability, 
and gender identity.
  The bill will also provide grants to help State and local governments 
meet the extraordinary expenses involved in hate crime cases.
  This bill, while adding to Federal authority, properly leaves with 
the State or local law enforcement officials the primary responsibility 
of protecting citizens against crimes of violence. The bill authorizes 
actual Federal prosecutions only when a State does not have 
jurisdiction, when a State asks the Federal Government to take 
jurisdiction, or when a State fails to act. It is a Federal back-up for 
State and local law enforcement.
  While State and local governments should continue to have the primary 
responsibility for investigating and prosecuting hate crimes, an 
expanded Federal role is necessary to ensure an adequate and fair 
response in all cases. The Federal Government must have jurisdiction to 
address those limited, but important cases in which local authorities 
are either unable or unwilling to investigate and prosecute.
  Failure to pass Federal hate crimes legislation would signify our 
failure as a nation to accord each of our citizens the respect and 
value they deserve.
  According to FBI statistics, 27,432 people were victims of hate-
motivated violence over the last three years. That's an average of over 
9,100 people per year, with nearly 25 people being victimized every day 
of the year, based on their race, religion, sexual orientation, ethnic 
background, or disability. But it is estimated that the vast majority 
of hate crimes goes unreported. Survey data from the biannual National 
Crime Victimization Survey suggests that an average of 191,000 hate 
crime victimizations take place per year.
  While hatred and bigotry cannot be eradicated by an act of Congress, 
as a nation, we must send a strong, clear, moral response to these 
cowardly acts of violence. I believe that the Federal Government must 
play a leadership role in confronting criminal acts motivated by 
prejudice.
  All Americans have a stake in responding decisively to violent 
bigotry. We must pull together to combat ignorance and hatred. The 
devastation caused by hate crimes impacts the victims, members of his 
or her family, as well as entire communities, and the Nation as a 
whole.
  I am reminded of the great wisdom of Martin Luther King, ``Darkness 
cannot drive out darkness; only light can do that. Hate cannot drive 
out hate; only love can do that. Hate multiplies hate, violence 
multiplies violence, and toughness multiplies toughness in a descending 
spiral of destruction. The chain reaction of evil--hate begetting hate, 
wars producing wars--must be broken, or we shall be plunged into the 
dark abyss of annihilation.'' Strength to Love, 1963.
  I urge my colleagues to stand up against ignorance and intolerance 
and vote for the Local Law Enforcement Hate Crimes Prevention Act.
  Mr. SCHUMER. Mr. President, I am proud to be a co-sponsor of the 
Local Law Enforcement Hate Crimes Prevention Act of 2007, and I commend 
my friend and colleague, Senator Kennedy, for his leadership and 
determination on this issue. We have tried for the better half of a 
decade to get this legislation passed, signed, and enacted into law. 
Today represents our strongest effort to date, and it is long past time 
that crimes based on hate be recognized and criminalized under Federal 
law. The need for Federal hate crimes legislation has been apparent for 
years as hate crimes know no State borders and--in part because their 
impacts often affect the very fabric of our society--they are a problem 
that affects all Americans.
  This act sends the message that we will not tolerate acts of 
aggression and violence towards targeted communities or individuals who 
become victims of violence merely for being themselves. Perpetrators of 
this type of violence will now be subject to Federal prosecution under 
this act. Before we had to rely on the States to act, and some simply 
have failed to do enough to stem this type of criminal behavior. This 
act recognizes that hate crimes have national consequences and are not 
mere localized occurrences.
  Put simply, a hate crime tends to impact an entire community, as 
opposed to being limited to the victim or the victim's family. It is a 
crime against a particular group, and must be treated as such. In 
essence, there are two crimes--one against he victim, and one against 
the victim's group or community. Some have asked, ``But aren't all 
crimes based on hate?'' No, they are not. Hate crimes are unique 
because they cut at the very fabric of our national values; they 
undermine shared

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principles like tolerance and equal protection under the law, and in so 
doing, harm us all. It is the responsibility of the Federal Government 
to address this issue and arm prosecutors with the tools they need to 
seek justice, promote order and provide all American with equal 
protection under the law.
  The framework of the Constitution provides a sound basis for our 
actions today--both the Commerce Clause and the Thirteenth Amendment 
are implicated by these crimes. The effects of hate crimes do not end 
at a State's border, but rather transcend those borders. These crimes 
implicate a citizen's ability to move and travel freely. Additionally, 
violence based on someone's race, religion, sexual orientation, or the 
other characteristics noted in the act are reminiscent of the ultimate 
hate crime--slavery. As such, the 13th Amendment allows for Federal 
action to remedy this problem. The courts have ruled time and time 
again that discrimination in housing and discrimination in contractual 
agreements could be remedied through Federal statutes promulgated under 
the authority of the Thirteenth Amendment. It matters not what the 
discrimination is based on, what matters is the, discrimination itself. 
In an attempt to rid the last vestiges of slavery from our society, the 
courts have allowed the 13th Amendment to be the basis of such 
legislation.

  Let us be very clear, we are not criminalizing speech. Violent acts 
against an African American, a woman, or a Sikh because of who they are 
do not constitute free expression. Nor are we are criminalizing evil 
thoughts. We are only criminalizing action--harmful and violent action 
that cuts against our society and against the very meaning of what it 
is to be an American. Congress and local law enforcement are not 
becoming the ``thought-police.'' Rather, we are criminalizing the 
violent actions of closed-minded and hateful individuals.
  In today's society, we see all too frequently violence based on the 
person's race, religion, sexual orientation, or other characteristics. 
We must act to address these injustices. This is not about special 
rights to any particular group. Actually, it is quite the contrary. 
This is about equal rights. This is about going after those individuals 
who act on their harmful beliefs. By committing hate crimes, they are 
attempting to relegate certain people to second-class citizenship. They 
think they can do this through violence. But they are wrong, and this 
legislation is a forceful statement that this country will not tolerate 
this behavior.
  The victims of these crimes have done nothing to bring on this 
violence. Because of these crimes, the victims' communities frequently 
live in fear. Unfortunately, these crimes are not few and far between. 
These crimes are all too common, and when committed, they send a 
shockwave that can be felt across the country. Matthew Shepard and 
James Byrd are just two of the many thousands of victims of hate crimes 
whose deaths horrified this country. Additionally, we mustn't forget 
the thousands of loyal and patriotic Americans, who after 9/11, were 
attacked by ruthless thugs, all because they ``looked'' like--or were--
Muslims or Arab Americans. We saw many of these attacks in New York, 
and let me say, those attacks were not just a New York problem, they 
were an American problem. Every State experienced similar violence in 
the months after 9/11, and that is one reason why Federal legislation 
is appropriate.
  The Act not only makes hate crimes a Federal crime, but it also 
serves to benefit local police departments as well, considering they 
are the front line of defense and prevention. This Act delivers much 
needed financial assistance to local police departments who may be 
struggling to deal with the crimes. It will also assist them in helping 
the community which they protect.
  The point is, that we should be protecting communities who are 
targets of this shameful violence, and this Act today marks a great 
step in that direction. I urge all of my colleagues to vote for this 
Act and look forward to working with you all to see this Act gets 
passed and signed into law.
                                 ______