Local Law Enforcement Hate Crimes Prevention Act
APRIL 29, 2009
Today, the House passed the Local Law Enforcement Hate Crimes Prevention Act, H.R. 1913, by a vote of 249-175. This bipartisan bill focuses on providing new resources to help state and local law enforcement agencies prevent and prosecute hate crimes. It also closes gaps in current federal hate crimes law. The bill also extends protections to more Americans. The current federal hate crimes law authorizes federal aid in cases of hate crimes committed because of a person’s race, color, religion, or national origin. This bill closes gaps in federal law to also help combat hate crimes committed because of a person’s gender, sexual orientation, gender identity, or disability. Photo
Following is an overview of the bill:
There has been a federal hate crimes law since 1968 because Americans recognize that bias-motivated crimes of violence harm all of society, in addition to the crime victim. Americans understand that hate crimes have no place in America. All Americans have a right to feel safe in their community. We all remember the brutal murders of Matthew Shepard in Wyoming and James Byrd in Texas because we know that these bias-motivated murders impacted us all. Yet, hate crimes continue to be persistent: More than 118,000 hate crimes have been documented by the FBI since 1991. In 2007 alone, there were 7,624 reported hate crimes.
The hate crimes bill has always been a bipartisan effort in both the House and Senate. In the Senate, Sen. Ted Kennedy (D-MA) has always cosponsored the hate crimes bill with Republicans since he began introducing the bill in 1999. In the House, there has also been a bipartisan effort. In every Congress since 1999, Rep. Conyers has introduced a similar hate crimes bill – always with Republican cosponsors. This Congress, Rep. Conyers introduced H.R. 1913 on April 2, 2009 – and his Republican cosponsors include Reps. Mark Steven Kirk (R-IL), Ileana Ros-Lehtinen (R-FL), and Mary Bono Mack (R-CA).
The hate crimes provisions have passed the Congress several times over the last few years. Most recently, in the 110th Congress, on May 3, 2007, the House passed a virtually identical hate crimes prevention bill – by a vote of 237-180 (Dem: 212-14; Rep: 25-166). The Senate did not take up the bill. The House passed similar hate crimes provisions on September 14, 2005, by a vote of 223-199; on September 28, 2004, by a vote of 213-186; and on September 13, 2000, by a vote of 232-192. In those three instances, these provisions were stripped out in conference.
This bill is focused on enhancing the resources of state and local law enforcement to prevent and prosecute hate crimes. State and local authorities currently prosecute the overwhelming majority of hate crimes and will continue to do so under this legislation. The special attention that these crimes require can stretch local law enforcement resources beyond their capacity. Thus, the major focus of this bill is allowing the Federal Government to provide crucial federal resources to state and local agencies to equip local officers with the tools they need to prosecute hate crimes. The legislation also authorizes the Attorney General to make grants to state and local law enforcement agencies that have incurred extraordinary expenses associated with the investigation and prosecution of hate crimes.
The bill also extends existing protections to more Americans. The current federal hate crimes statute provides for federal assistance in the investigation and prosecution of hate crimes in the cases of a violent crime committed against persons because of their race, color, religion, or national origin. This bill closes the current gaps in federal law to also provide federal assistance in the cases of a hate crime committed against persons because of their gender, sexual orientation, gender identity, or disability.
The bill DOES NOT limit First Amendment rights of free speech and religious expression. The bill only applies to bias-motivated crimes of violence and does not impinge freedom of speech or religious expression in any way. Some churches have stated that with passage of this bill, ministers may be arrested for speech and words said in the pulpit. This is false. This bill is about violent crime. It is not about and does not prohibit thought, speech or expression protected by the First Amendment.
The hate crimes prevention bill is supported by a long list of groups, including law enforcement groups, religious groups, civil rights groups, disability groups, and numerous other organizations. The hate crimes prevention bill is supported by more than 300 organizations, including the International Association of Chiefs of Police, National Sheriffs’ Association, Police Executive Research Forum, Police Foundation, National District Attorneys Association, NAACP, Leadership Conference on Civil Rights, Anti-Defamation League, Human Rights Campaign, Paralyzed Veterans of America, Consortium for Citizens with Disabilities, American Association of People with Disabilities, People for the American Way, Presbyterian Church (USA), United Methodist Church, United Church of Christ – Justice and Witness Ministries, American Jewish Committee, American Jewish Conference, U.S. Conference of Mayors, and American Association of University Women. Read more
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