HR 1913

 
To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.
Sponsor: John, Jr. Conyers (D) MI
 
Status: Passed
 
Govit Voted No 70%
H600400M
Gov Voted No 41%
H600400G
 
 
 
 
 
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Summary:
4/2/2009--Introduced.Local Law Enforcement Hate Crimes Prevention Act of 2009 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state, local, or Indian tribal law; and (2) 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. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement agencies with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state and local programs designed to combat hate crimes committed by juveniles. Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include: (1) crimes manifesting prejudice based on gender and gender identity; and (2) hate crimes committed by and against juveniles. Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.
 
Text of Legislation:

HR 1913 IH

111th CONGRESS

1st Session

H. R. 1913

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 2, 2009

Mr. CONYERS (for himself, Mr. FRANK of Massachusetts, Mr. ABERCROMBIE, Mr. ACKERMAN, Ms. BALDWIN, Ms. BERKLEY, Mr. BERMAN, Mrs. BIGGERT, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mrs. BONO MACK, Mr. BRALEY of Iowa, Ms. CORRINE BROWN of Florida, Mr. CAO, Mrs. CAPPS, Mr. CASTLE, Ms. CASTOR of Florida, Mr. CLAY, Mr. CUMMINGS, Mr. DELAHUNT, Mr. DRIEHAUS, Mr. GENE GREEN of Texas, Mr. ISRAEL, Ms. KILROY, Mr. KIRK, Mr. KUCINICH, Mr. LANCE, Mrs. MALONEY, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MOORE of Kansas, Mr. MORAN of Virginia, Mr. NADLER of New York, Mr. OLVER, Mr. PETERS, Mr. POLIS of Colorado, Ms. ROS-LEHTINEN, Mr. SERRANO, Ms. SLAUGHTER, Ms. VELAZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATSON, and Ms. WOOLSEY) introduced the following bill; which was 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 ‘Local Law Enforcement Hate Crimes Prevention Act of 2009’.

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 a 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 Indian 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 Indian 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 Indian 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 Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service 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 30 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, 2011, 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.


Full Text of Legislation
 
 
All Actions:

Actions Date
Action Text
4/2/2009
Sponsor introductory remarks on measure. (CR E878-879)
4/2/2009
Referred to the House Committee on the Judiciary.
4/20/2009
Committee Hearings Held.
4/22/2009
Committee Consideration and Mark-up Session Held.
4/27/2009
Reported (Amended) by the Committee on Judiciary. H. Rept. 111-86.
4/23/2009
Committee Consideration and Mark-up Session Held.
4/28/2009
Rules Committee Resolution H. Res. 372 Reported to House. Rule provides for consideration of H.R. 1913 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, modified by the amendment printed in this report, shall be considered as adopted and the bill, as amended, shall be considered as read.
4/28/2009
Supplemental report filed by the Committee on Judiciary, H. Rept. 111-86, Part II.
4/29/2009
Rule H. Res. 372 passed House.
4/29/2009
Considered under the provisions of rule H. Res. 372.
4/29/2009
Rule provides for consideration of H.R. 1913 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, modified by the amendment printed in this report, shall be considered as adopted and the bill, as amended, shall be considered as read.
4/29/2009
DEBATE - The House proceeded with one hour and twenty minutes of debate on H.R. 1913.
4/29/2009
The previous question was ordered pursuant to the rule.
4/29/2009
Mr. Gohmert moved to recommit with instructions to Judiciary.
4/29/2009
DEBATE - The House proceeded with 10 minutes of debate on the Gohmert motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with amendments that expand the punishments outlined in the bill to include the death penalty. The amendments also seek to expand the applicability requirements to include age, status as a current or former member of the Armed Forces, or status as a law enforcement officer beyond what is currently contained in the bill.
4/29/2009
On motion to recommit with instructions Failed by the Yeas and Nays: 185 - 241 (Roll no. 222).
4/29/2009
4/29/2009
On passage Passed by recorded vote: 249 - 175 (Roll no. 223).
4/30/2009
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
 
Titles:

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.
Local Law Enforcement Hate Crimes Prevention Act of 2009
Local Law Enforcement Hate Crimes Prevention Act of 2009
Local Law Enforcement Hate Crimes Prevention Act of 2009
 
Committee:

Referral, In Committee
Referral, Hearings, In Committee
Referral, Hearings, Markup, In Committee
Referral, Hearings, Markup, Reporting
Referral, In Committee
Referral, Markup, Reporting
 
Related Bill Details:

 
Amendments

Amendments not available.
 
 
Co-sponsors
 
 
 
 
 
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