Fact Sheet on the Hate Crimes Bill
Background
This legislation would strengthen existing federal hate crimes laws in two ways:
- The bill would eliminate a serious limitation on federal involvement under existing law — the requirement that a victim of a bias-motivated crime was attacked because he or she was engaged in a specified federally protected activity, such as serving on a jury or attending public school.
- Current law, 18 U.S.C. Section 245, authorizes federal involvement only in those cases in which the victim was targeted because of race, color, religion or national origin. The Local Law Enforcement Hate Crimes Prevention Act would also authorize the Department of Justice to investigate and prosecute certain bias-motivated crimes based on the victim’s actual or perceived sexual orientation, gender, gender identity or disability. Current federal law does not provide authority for involvement in these four categories of cases at all.
Recent Action
Although the legislation never made it to the President’s desk, this measure has repeatedly attracted majority, bipartisan support in both the Senate and the House:
- On May 3, 2007, the House of Representatives passed the Local Law Enforcement Hate Crimes Prevention Act (H.R. 1592) by a vote of 237-180, with 25 Republicans voting yes.
- In the 109th Congress, the House of Representatives passed the hate crimes bill as an amendment on the Child Safety Act with a bipartisan vote of 223 to 199, with 30 Republicans voting yes. Similar legislation was passed by the Senate in the 108th Congress by an overwhelming vote of 65-33 and by the House on a vote of 213-186.
Law Enforcement Support
The measure also enjoys the support of more than 230 civil rights, professional, civic and religious groups, 26 state attorneys general, former U.S. Attorney General Dick Thornburgh and virtually every major national law enforcement organizations in America, including:
- Federal Law Enforcement Officers Association
- Hispanic American Police Command Officers Association
- Hispanic National Law Enforcement Association
- International Association of Chiefs of Police
- International Brotherhood of Police Officers
- Major Cities Chiefs Association
- National Asian Peace Officers Association
- National Black Police Association
- National Center for Women & Policing
- National Coalition of Public Safety Officers
- National District Attorneys Association
- National Latino Police Officers Association
- National Organization of Black Law Enforcement Executives
- National Sheriffs’ Association
- Police Executive Research Forum
- Police Foundation
Talking Points for Members
- The federal government must have jurisdiction to address bias-motivated crimes in states in which current law is inadequate. Currently, only 31 states and the District of Columbia include sexual orientation-based crimes in their hate crimes statutes; 27 states and the District of Columbia include coverage of gender-based crimes; and 31 states and the District of Columbia include coverage for disability-based crimes.
- This measure would give local law enforcement officials important tools to combat violent, bias-motivated crime. Federal support — through training or direct assistance — will help ensure that bias-motivated violence is effective investigated and prosecuted. The legislation would also facilitate federal investigations and prosecutions when local authorities are unwilling or unable to achieve a just result.
- Passage of a federal law would increase public education and awareness, and encourage Americans to report hate crimes. The federal government must demonstrate its resolve to deal with violence based on prejudice.
- Bias-motivated crimes merit a priority response because of their special impact on the victims. These crimes — designed to intimidate whole communities on the basis of personal and immutable characteristics — can spark widespread neighborhood conflicts and damage the fabric of our society.
State and local authorities investigate and prosecute the overwhelming majority of hate crimes cases — and the federal government can be expected to continue to defer to state authorities under the Local Law Enforcement Hate Crimes Prevention Act as well. Since 1991, for example, the FBI has documented almost 114,000 hate crimes. During that period, however, the Justice Department has brought fewer than 100 cases under 18 U.S.C. Section 245. Learn more about documented hate crimes.