Just hang in the Frank. It will criminalize speech. The authors of this
bill even said that it could criminalize pastors sermons, and they had no
qualms about that happening.
B
Quotes fron Frank P:
"No Brian, it's the OPPONENTS of the bill who are claiming this. Read
the bill for yourself, particularly Sec. 8"
"Oddly, the biggest protesters are those who themselves have been
protected by such laws
for over 40 years."
Not sure what you mean here Frank, but of course its the opponents that are
claiming that it will criminalze speech. Hate crimes legislation will
criminalize speech in the sense that anyone who acts on the words of someone
else, no matter how misconstrued they may take those words, are not the only
culprit. The one whose words he listened to will also be under inditement.
That is exactly what the legislators are shooting for. Because if they can
silence the pulpit and conservative talk radio, make it criminal, then the
far left will have free reign over the government. This happened in Nazi
Germany. Study the history. They outlawed other political parties, killed
Jews who protested. Dont tell me it wont happen. Its happened before, and
is happening here, in a much more incremental pace, so as to not rouse a
squak out of the people. Little by little, that is the game plan. An its
slowly working. And will continue to work unless people wake up. There are
several people already being prosecuted using local hate crimes laws that
didnt even commit a crime. The Philadelphia 7 is just one group. It will
happen again, and if they are not so blessed as to get a judge with any
sense, they will be jailed.
B
H. R. 1913
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Local Law Enforcement Hate Crimes
Prevention Act of 2009’.
SEC. 2. 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. 3. 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 Tribal 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, or Tribal 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, or Tribal 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, or Tribal 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 180
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. 4. GRANT PROGRAM.
(a) Authority To Award Grants- The Office of Justice Programs of the
Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of Justice,
including the Community Relations Service, for fiscal years 2010,
2011, and 2012, such sums as are necessary to increase the number of
personnel to prevent and respond to alleged violations of section 249
of title 18, United States Code, as added by section 7 of this Act.
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General- Chapter 13 of title 18, United States Code, is amended
by adding at the end the following:
‘Sec. 249. Hate crime acts
‘(a) In General-
1‘(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR
NATIONAL ORIGIN- Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, a dangerous weapon, or an explosive or incendiary
device, attempts to cause bodily injury to any person, because of the
actual or perceived race, color, religion, or national origin of any
person--
‘(A) shall be imprisoned not more than 10 years, fined in accordance
with this title, or both; and
‘(B) shall be imprisoned for any term of years or for life, fined in
accordance with this title, or both, if--
‘(i) death results from the offense; or
‘(ii) the offense includes kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill.
‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN,
GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
‘(A) IN GENERAL- Whoever, whether or not acting under color of law, in
any circumstance described in subparagraph (B), willfully causes
bodily injury to any person or, through the use of fire, a firearm, a
dangerouse weapon, or an explosive or incendiary device, attempts to
cause bodily injury to any person, because of the actual or perceived
religion, national origin, gender, sexual orientation, gender
identity, or disability of any person--
‘(i) shall be imprisoned not more than 10 years, fined in accordance
with this title, or both; and
‘(ii) shall be imprisoned for any term of years or for life, fined in
accordance with this title, or both, if--
‘(I) death results from the offense; or
‘(II) the offense includes kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill.
‘(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the
circumstances described in this subparagraph are that--
‘(i) the conduct described in subparagraph (A) occurs during the
course of, or as the result of, the travel of the defendant or the
victim--
‘(I) across a State line or national border; or
‘(II) using a channel, facility, or instrumentality of interstate or
foreign commerce;
‘(ii) the defendant uses a channel, facility, or instrumentality of
interstate or foreign commerce in connection with the conduct
described in subparagraph (A);
‘(iii) in connection with the conduct described in subparagraph (A),
the defendant employs a firearm, explosive or incendiary device, or
other weapon that has traveled in interstate or foreign commerce; or
‘(iv) the conduct described in subparagraph (A)--
‘(I) interferes with commercial or other economic activity in which
the victim is engaged at the time of the conduct; or
‘(II) otherwise affects interstate or foreign commerce.
‘(3) ADDITIONAL FEDERAL NEXUS FOR OFFENSE- Whoever, in the special
maritime or territorial jurisdiction of the United States, or in
Indian country, engages in conduct described in paragraph (1) or in
paragraph (2)(A) (without regard to whether that conduct occurred in a
circumstance described in paragraph (2)(B)) shall be subject to the
same penalties as those provided for offenses under those paragraphs.
‘(b) Certification Requirement- No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney
General that--
‘(1) such certifying individual has reasonable cause to believe that
the actual or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or disability of any
person was a motivating factor underlying the alleged conduct of the
defendant; and
‘(2) such certifying individual has consulted with State or local law
enforcement officials regarding the prosecution and determined that--
‘(A) the State does not have jurisdiction or does not intend to
exercise jurisdiction;
‘(B) the State has requested that the Federal Government assume
jurisdiction;
‘(C) the State does not object to the Federal Government assuming
jurisdiction; or
‘(D) the verdict or sentence obtained pursuant to State charges left
demonstratively unvindicated the Federal interest in eradicating bias-
motivated violence.
‘(c) Definitions-
‘(1) In this section--
‘(A) the term ‘explosive or incendiary device’ has the meaning given
such term in section 232 of this title;
‘(B) the term ‘firearm’ has the meaning given such term in section 921
(a) of this title; and
‘(C) the term ‘State’ includes the District of Columbia, Puerto Rico,
and any other territory or possession of the United States.
‘(2) For the purposes of this chapter, the term ‘gender identity’
means actual or perceived gender-related characteristics.
‘(d) Statute of Limitations-
‘(1) OFFENSES NOT RESULTING IN DEATH- Except as provided in paragraph
(2), no person shall be prosecuted, tried, or punished for any offense
under this section unless the indictment for such offense is found, or
the information for such offense is instituted, not later than 7 years
after the date on which the offense was committed.
‘(2) DEATH RESULTING OFFENSES- An indictment or information alleging
that an offense under this section resulted in death may be found or
instituted at any time without limitation.
‘(e) Rule of Evidence- In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the
evidence specifically relates to that offense. However, nothing in
this section affects the rules of evidence governing impeachment of a
witness.’.
(b) Technical and Conforming Amendment- The table of sections at the
beginning of chapter 13 of title 18, United States Code, is amended by
adding at the end the following new item:
‘249. Hate crime acts.’.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to prohibit any expressive conduct protected from legal
prohibition by, or any activities protected by, the Constitution.
Passed the House of Representatives April 29, 2009.