March 27 , 2001

Legislation to expand and enhance federal hate crime legislation was introduced once again in Congress this afternoon.  The legislation formerly known as the Hate Crimes Prevention Act and now called the Local Law Enforcement Enhancement Act (LLEEA) was introduced in the Senate by Senators Kennedy (D-MA); Smith (R-OR); and Specter (R-PA) and in the House by Representatives Conyers (D-MI); Morella (R-MD) and Minority Leader Gephardt (D-MO).  The legislation was introduced with 51 co-sponsors in the Senate and 179 in the House.

Please contact your legislators and urge them to cosponsor this very important legislation.  Thank those who have already cosponsored and ask them to bring the legislation toV a vote expeditiously. 

Revised background information about the bill is attached.  Further information and action recommendations can be found at www.unitedagainsthate.org or www.adl.org.

For a list of Congressional co-sponsors, click here.

Local Law Enforcement Enhancement Act/
Hate Crimes Prevention Act

B A C K G R O U N D

We all remember some of the terrible hate crimes of the past few years.  The horrific August 10^th 1999 shooting at the North Valley Jewish Community Center in Granada Hills California, fire bombings of synagogues in Sacramento, a Midwest shooting spree that targeted blacks and Asians as well as Jews, and a shooting in Pittsburgh.  These acts, along with the nearly 8000 hate crimes committed last year, remind us that pockets of aggression and hatred are still alive in our country and serve as a particular wake-up call to American Jews.  No legislation could ever be a panacea for hatred and bigotry, however, the Local Law Enforcement Enhancement Act also known as the Hate Crimes Prevention Act would significantly enhance current law and send a powerful message against hate violence to our nation. 

The Impact of Hate Violence: All Americans have a stake in implementing effective responses to violent bigotry. These crimes demand a priority response because of their special impact on the victim and the victim’s community.  Bias crimes are designed to intimidate the victim and members of the victim’s community, leaving them feeling isolated, vulnerable, and unprotected by the law.   Failure to address this unique type of crime allows its impact to grow, causing an isolated incident to explode into widespread community tension. The damage done by hate crimes cannot be measured solely in terms of physical injury or dollars and cents.  By making members of minority communities fearful, angry, and suspicious of other groups—and of the power structure that is supposed to protect them—these incidents can damage the fabric of our society and fragment communities.

The LLEEA/HCPA Will Close Gaps in Federal Law: State and local law enforcement officials play the primary role in the prosecution of hate-motivated violence. The federal government has authority to address a limited number of cases—either because the crimes have a particular federal connection or because local officials are either unable or unwilling to handle the case effectively. 

·        The LLEEA would amend Section 245 of Title 18 U.S.C., one of the primary statutes used to combat racial and religious bias-motivated violence. The current statute, enacted in 1968, prohibits intentional interference, by force or threat of force, with the enjoyment of a federal right or benefit (such as voting, going to school, or working) on the basis of race, color, religion, or national origin.  Currently, the government must prove both that the crime occurred because of a person’s membership in a protected group, such as race or religion, and because (not while) he/she was engaging in a federally-protected activity. The LLEEA would amend 18 U.S.C. 245 by: 

·        removing overly-restrictive obstacles to federal involvement by permitting prosecutions without having to prove that the victim was attacked because he/she was engaged in a federally-protected activity; and,

·        providing new authority for federal officials to assist local prosecutions, and where appropriate, investigate and prosecute cases in which the bias violence occurs because of the victim’s actual or perceived sexual orientation, gender, or disability.

The LLEEA/HCPA Will Enhance Federal and State Coordination: State and local authorities currently prosecute the overwhelming majority of hate crimes cases, and will continue to do so under this legislation with the enhanced support of the federal government.  Since 1991, for example, the FBI has documented over 50,000 hate crimes.  During that period, however, the Justice Department brought only 37 cases under 18 U.S.C. 245.  The LLEEA would provide a necessary backstop to state and local enforcement by permitting federal authorities to provide assistance in these investigations – and by allowing federal prosecutions when necessary to achieve a just result. 

·        The LLEEA would limit the federal government’s jurisdiction to only the most serious violent crimes directed at persons, not property crimes. Prosecutions under 18 U.S.C. 245 can only be brought if the Attorney General or a designee certifies in writing that an individual federal prosecution would be “in the public interest and necessary to secure substantial justice” in a particular case.  As they do now, federal authorities would consult with state and local authorities before deciding whether assertion of federal jurisdiction is warranted.

·        This legislation creates an Intergovernmental Assistance Program to provide technical, forensic or prosecutorial assistance to state and local law enforcement officials in bias crime cases.  It 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.

·        There is currently no general federal criminal prohibition against violent crimes directed at individuals because of their sexual orientation, gender, or disability.  The federal government must have jurisdiction to address these bias-motivated crimes in states in which the law is inadequate.  For example, including the District of Columbia, only 21 states now include sexual orientation-based crimes in their hate crimes statutes, 20 states include coverage of gender-based crimes, and 22 include coverage for disability-based crimes.

LLEEA History: The LLEEA passed in June 2000 in the Senate with 57 votes.  On September 13, 2000 by a vote of 232-192 the House passed a motion to instruct conferees to keep the hate crimes measure in the Department of Defense Authorization Bill (DOD Authorization Bill).  Despite bipartisan support, however, the legislation was stripped from the DOD Bill.