Judiciary Committee Chair Sen. Patrick Leahy (D-Vt.) will introduce the Matthew Shepard Hate Crimes Prevention Act as an amendment this week to the National Defense Authorization Bill, the senator said in a statement today.
Patrick Leahy (Gov)
The legislation would expand federal hate crimes law to include crimes based on sexual orientation, disability, gender and gender identity. Attorney General Eric Holder called on Congress last month to pass hate crimes legislation. Read our previous report here.
“The hate crimes amendment would improve existing law by making it easier for federal authorities to investigate and prosecute crimes of racial, ethnic, or religious violence,” Leahy said in the statement. “Victims will no longer have to engage in a narrow range of activities, such as serving as a juror, to be protected under federal law.”
Passing the legislation might not be easy. A hate crimes bill was first introduced almost 10 years ago after the murder of gay college student Matthew Shepard. The bill’s supporters have tried to attach it to the annual defense authorization bill since 1999, but it was always taken out before a final vote on the defense legislation.
“It has been stalled for far too long,” Leahy said in the statement. “The time to act is now.”
The House has already passed legislation strengthening hate crimes laws, and Majority Leader Sen. Harry Reid (D-Nev.) said last month that he was “committed” to passing the Senate’s version of the bill by the August recess. The Senate legislation has 40 cosponsors, including Republican Maine Sens. Susan Collins and Olympia Snowe.
Here’s what Leahy’s office said the bill includes:
-Hate Crimes Covered. Existing hate crimes law covers race, color, national origin, or religion, but only where the victim is engaging in one of the following federally protected activities: (1) attending or enrolling in a public school or public college; (2) participating in a benefit, service, privilege, program, facility or activity administered by a state or local government; (3) applying for or working in private or state employment; (4) serving as a juror in a state court; (5) using a facility of interstate commerce or a common carrier; or (6) enjoying public accommodations or places of exhibition or entertainment. The bill eliminates the outdated “federally protected activities” requirement and expands the federal government’s ability to prosecute crimes targeting victims because of their sexual orientation, gender, gender identity or disability.
-Federal Assistance and Training Grants. The bill authorizes the Attorney General to provide technical, forensic, prosecutorial and other assistance to state, local, and tribal law enforcement officials for hate crime investigations and prosecutions. In addition, the Justice Department is authorized to increase personnel to better prevent and respond to allegations of hate crimes. The bill also authorizes $5 million for fiscal years 2010 and 2011 for Justice Department grants of up to $100,000 to state, local, and tribal law enforcement officials who have incurred extraordinary expenses associated with investigating and prosecuting hate crimes. Finally, the bill authorizes grants by the Office of Justice Programs to state, local, and tribal programs to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
-Certification Requirement. The bill authorizes the federal government to step in when needed, but only after the Justice Department meets the certification process outlined in the bill. The Justice Department must certify that the state in which the hate crime occurred either does not have jurisdiction; has asked the federal government to assume jurisdiction; a state prosecution has failed to vindicate the federal interest against hate-motivated violence; or a federal prosecution is in the public interest and necessary to secure substantial justice. In other words, rather than take over cases that would normally be pursued at the state or local level, the bill will provide a federal backstop for state and local law enforcement to deal with hate crimes that otherwise might not be effectively investigated and prosecuted, or for which states request assistance.
-Collection of Statistics. Currently, the FBI collects statistics on hate crimes based on race, color, national origin, religion, and sexual orientation. This bill increases the federal government’s ability to monitor hate crimes by including statistics on gender and gender identity-based hate crimes, as well as hate crimes committed by juveniles.
