II 

115TH CONGRESS 

1ST SESSION S. 662 

To provide incentives for hate crime reporting, grants for State-run hate 

crime hotlines, a Federal private right of action for victims of hate 

crimes, and additional penalties for individuals convicted under the Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2017 

Mr. BLUMENTHAL (for himself, Mr. SANDERS, Mr. MARKEY, Mr. DURBIN, 

Mr. MERKLEY, Mr. KAINE, Ms. BALDWIN, Mr. WYDEN, and Ms. 

HIRONO) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide incentives for hate crime reporting, grants for 

State-run hate crime hotlines, a Federal private right 

of action for victims of hate crimes, and additional penalties for individuals convicted under the Matthew 

Shephard and James Byrd, Jr. Hate Crimes Prevention 

Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Opposition 

3 to Hate, Assault, and Threats to Equality Act of 2017’’ 

4 or ‘‘NO HATE Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The incidence of violence motivated by the 

8 actual or perceived race, color, religion, national ori9 gin, gender, sexual orientation, gender identity, or 

10 disability of the victim, known as hate crimes or 

11 crimes motivated by bias, poses a serious national 

12 problem. 

13 (2) Such violence disrupts the tranquility and 

14 safety of communities and is deeply divisive. 

15 (3) A prominent characteristic of a violent 

16 crime motivated by bias is that it not only dev17 astates the actual victim and the family and friends 

18 of the victim, but also frequently ravages the com19 munity sharing the traits that caused the victim to 

20 be selected. 

21 (4) According to data obtained by the Federal 

22 Bureau of Investigation, the incidence of such vio23 lence increased in 2015, the most recent year for 

24 which data is available, in comparison to prior years. 

25 (5) The Hate Crimes Statistics Act (Public 

26 Law 101–275; 28 U.S.C. 534 note) and the MatVerDate Sep 11 2014 22:50 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S662.IS S662

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1 thew Shepard and James Byrd, Jr. Hate Crimes 

2 Prevention Act (division E of Public Law 111–84; 

3 123 Stat. 2835) have enabled Federal authorities to 

4 understand and, where appropriate, investigate and 

5 prosecute hate crimes. 

6 (6) However, a complete understanding of the 

7 national problem posed by hate crimes is hindered 

8 by incomplete data from Federal, State, and local 

9 jurisdictions obtained through the Uniform Crime 

10 Reports program authorized under section 534 of 

11 title 28, United States Code, and administered by 

12 the Federal Bureau of Investigation. 

13 (7) Increased implementation of the National 

14 Incident-Based Reporting System will enable the 

15 Federal Bureau of Investigation to obtain more de16 tailed and accurate information on many crimes, in17 cluding violence motivated by the actual or perceived 

18 race, color, religion, national origin, gender, sexual 

19 orientation, gender identity, or disability of the vic20 tim. 

21 (8) State-run hotlines that direct victims or wit22 nesses of hate crimes to law enforcement or local 

23 support services will allow State and local law en24 forcement agencies, as well as local community-based 


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1 service providers, to understand hate crimes more 

2 fully and to act accordingly. 

3 (9) A Federal private right of action provides 

4 an additional option of recourse for individuals who 

5 are targeted for violence based on actual or per6 ceived race, color, religion, national origin, gender, 

7 sexual orientation, gender identity, or disability. 

8 (10) Many perpetrators of crimes motivated by 

9 bias may benefit from educational programming or 

10 volunteer service conducted in conjunction with, 

11 under the guidance of, or with the input of the com12 munity targeted by the hate crime. 

13 (11) Federal financial assistance with regard to 

14 certain violent crimes motivated by bias enables Fed15 eral, State, and local authorities to work together as 

16 partners in the investigation and prosecution of such 

17 crimes. 

18 (12) The problem of crimes motivated by bias 

19 is sufficiently serious, widespread, and interstate in 

20 nature as to warrant Federal financial assistance to 

21 States and local jurisdictions. 

22 SEC. 3. REPORTING OF HATE CRIMES. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘hate crime’’ means a criminal of25 fense against a person or property motivated in 


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1 whole or in part by an offender’s bias against a race, 

2 color, religion, national origin, gender, sexual ori3 entation, gender identity, or disability; and 

4 (2) the term ‘‘Uniform Crime Reports’’ means 

5 the reports authorized under section 534 of title 28, 

6 United States Code, and administered by the Fed7 eral Bureau of Investigation that compile nationwide 

8 criminal statistics for use— 

9 (A) in law enforcement administration, op10 eration, and management; and 

11 (B) to assess the nature and type of crime 

12 in the United States. 

13 (b) IMPLEMENTATION GRANTS.— 

14 (1) IN GENERAL.—The Attorney General may 

15 make grants to States and units of local government 

16 to assist the State or unit of local government in im17 plementing the National Incident-Based Reporting 

18 System, including to train employees in identifying 

19 and classifying hate crimes in the National Incident20 Based Reporting System. 

21 (2) PRIORITY.—In making grants under para22 graph (1), the Attorney General shall give priority to 

23 States and units of local government with larger 

24 populations. 

25 (c) REPORTING.— 


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1 (1) COMPLIANCE.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), in each fiscal year beginning 

4 after the date that is 3 years after the date on 

5 which a State or unit of local government first 

6 receives a grant under subsection (b), the State 

7 or unit of local government shall provide to the 

8 Attorney General, through the Uniform Crime 

9 Reporting system, information pertaining to 

10 hate crimes committed in that jurisdiction dur11 ing the preceding fiscal year. 

12 (B) EXTENSIONS; WAIVER.—The Attorney 

13 General— 

14 (i) may provide a 120-day extension 

15 to a State or unit of local government that 

16 is making good faith efforts to comply with 

17 subparagraph (A); and 

18 (ii) shall waive the requirements of 

19 subparagraph (A) if compliance with that 

20 subparagraph by a State or unit of local 

21 government would be unconstitutional 

22 under the constitution of the State or of 

23 the State in which the unit of local govern24 ment is located, respectively. 


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1 (2) FAILURE TO COMPLY.—If a State or unit of 

2 local government that receives a grant under sub3 section (b) fails to substantially comply with para4 graph (1) of this subsection, the State or unit of 

5 local government shall repay the grant in full, plus 

6 reasonable interest and penalty charges allowable by 

7 law or established by the Attorney General. 

8 SEC. 4. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. 

9 (a) DEFINITION.—In this section, the term ‘‘hate 

10 crime’’ means a criminal offense against a person or prop11 erty motivated in whole or in part by an offender’s bias 

12 against a race, color, religion, national origin, gender, sex13 ual orientation, gender identity, or disability. 

14 (b) GRANTS AUTHORIZED.— 

15 (1) IN GENERAL.—The Attorney General shall 

16 make grants to States to create State-run hate 

17 crime reporting hotlines. 

18 (2) GRANT PERIOD.—A grant made under 

19 paragraph (1) shall be for a period of not more than 

20 5 years. 

21 (c) HOTLINE REQUIREMENTS.—A State shall ensure, 

22 with respect to a hotline funded by a grant under sub23 section (b), that— 

24 (1) the hotline directs individuals to— 

25 (A) law enforcement if appropriate; and 


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1 (B) local support services; 

2 (2) any personally identifiable information that 

3 an individual provides to an agency of the State 

4 through the hotline is not directly or indirectly dis5 closed, without the consent of the individual, to— 

6 (A) any other agency of that State; 

7 (B) any other State; 

8 (C) the Federal Government; or 

9 (D) any other person or entity; 

10 (3) the staff members who operate the hotline 

11 are trained to be knowledgeable about— 

12 (A) applicable Federal, State, and local 

13 hate crime laws; and 

14 (B) local law enforcement resources and 

15 applicable local support services; and 

16 (4) the hotline is accessible to— 

17 (A) individuals with limited English pro18 ficiency, where appropriate; and 

19 (B) individuals with disabilities. 

20 (d) BEST PRACTICES.—The Attorney General shall 

21 issue guidance to States on best practices for imple22 menting the requirements of subsection (c). 


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1 SEC. 5. PRIVATE RIGHT OF ACTION FOR CRIMES MOTI2 VATED BY ACTUAL OR PERCEIVED RACE, 

3 COLOR, RELIGION, OR NATIONAL ORIGIN. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘crime’’ means an act or series of 

6 acts that would constitute a criminal offense under 

7 Federal or State law, whether or not the act or 

8 acts— 

9 (A) have actually resulted in criminal 

10 charges, prosecution, or conviction; or 

11 (B) were committed in the special mari12 time and territorial jurisdiction of the United 

13 States or in a Federal prison; and 

14 (2) the term ‘‘crime motivated by actual or per15 ceived race, color, religion, or national origin’’ means 

16 a crime committed because of actual or perceived 

17 race, color, religion, or national origin. 

18 (b) PURPOSE.—Pursuant to the affirmative power of 

19 Congress to enact this section under section 2 of the Thir20 teenth Amendment to the Constitution of the United 

21 States, as well as under section 8 of Article I of the Con22 stitution, the purpose of this section is to protect the civil 

23 rights of victims of crimes motivated by actual or per24 ceived race, color, religion, or national origin and to pro25 mote public safety, health, and activities affecting inter26 state commerce by establishing a Federal civil rights cause 


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1 of action for victims of crime motivated by actual or per2 ceived race, color, religion, or national origin. 

3 (c) RIGHT TO BE FREE FROM CERTAIN CRIMES.— 

4 All persons within the United States shall have the right 

5 to be free from crimes motivated by actual or perceived 

6 race, color, religion, or national origin. 

7 (d) CAUSE OF ACTION.—A person (including a per8 son who acts under color of any statute, ordinance, regula9 tion, custom, or usage of any State) who commits a crime 

10 motivated by actual or perceived race, color, religion, or 

11 national origin, and thus deprives another of the right de12 clared in subsection (c), shall be liable to the party in13 jured, in an action for the recovery of compensatory and 

14 punitive damages, injunctive and declaratory relief, and 

15 such other relief as a court may deem appropriate. 

16 (e) DAMAGES.—In any civil action brought under this 

17 section in which the plaintiff prevails, the court— 

18 (1) shall award treble compensatory damages 

19 and a reasonable attorney’s fee; and 

20 (2) may, in its discretion, award equitable re21 lief. 

22 (f) LIMITATIONS.— 

23 (1) PERIOD OF LIMITATIONS.—An action under 

24 this section may not be commenced later than 3 

25 years after the date of the act complained of. 


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1 (2) RULE OF CONSTRUCTION.—Nothing in this 

2 section shall be construed to authorize a cause of ac3 tion under subsection (d) for— 

4 (A) a random act unrelated to actual or 

5 perceived race, color, religion, or national ori6 gin; or 

7 (B) an act that cannot be demonstrated, 

8 by a preponderance of the evidence, to be a 

9 crime motivated by actual or perceived race, 

10 color, religion, or national origin. 

11 (g) CONCURRENT JURISDICTION.—The district 

12 courts of the United States shall have original jurisdiction, 

13 concurrent with State courts, of an action under this sec14 tion. 

15 (h) NO PRIOR CRIMINAL ACTION.—Nothing in this 

16 section shall be construed to require a prior criminal com17 plaint, prosecution, or conviction to establish the elements 

18 of a cause of action under subsection (d). 

19 SEC. 6. PRIVATE RIGHT OF ACTION FOR CRIMES MOTI20 VATED BY ACTUAL OR PERCEIVED RELIGION, 

21 NATIONAL ORIGIN, GENDER, SEXUAL ORI22 ENTATION, GENDER IDENTITY, OR DIS23 ABILITY. 

24 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘crime’’ means an act or series of 

2 acts that would constitute a criminal offense under 

3 Federal or State law, whether or not the act or acts 

4 have actually resulted in criminal charges, prosecu5 tion, or conviction; and 

6 (2) the term ‘‘crime motivated by actual or per7 ceived religion, national origin, gender, sexual ori8 entation, gender identity, or disability’’ means a 

9 crime committed because of actual or perceived reli10 gion, national origin, gender, sexual orientation, gen11 der identity, or disability. 

12 (b) PURPOSE.—Pursuant to the affirmative power of 

13 Congress to enact this section under clause 3 of section 

14 8 of Article I of the Constitution of the United States 

15 (commonly known as the ‘‘Commerce Clause’’), the pur16 pose of this section is to protect the civil rights of victims 

17 of crimes motivated by actual or perceived religion, na18 tional origin, gender, sexual orientation, gender identity, 

19 or disability and to promote public safety, health, and ac20 tivities affecting interstate commerce by establishing a 

21 Federal civil rights cause of action for victims of crime 

22 motivated by actual or perceived religion, national origin, 

23 gender, sexual orientation, gender identity, or disability. 

24 (c) RIGHT TO BE FREE FROM CERTAIN CRIMES.— 

25 All persons within the United States shall have the right 


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1 to be free from crimes motivated by actual or perceived 

2 religion, national origin, gender, sexual orientation, gender 

3 identity, or disability. 

4 (d) CAUSE OF ACTION.— 

5 (1) IN GENERAL.—A person (including a person 

6 who acts under color of any statute, ordinance, regu7 lation, custom, or usage of any State), in any cir8 cumstance described in paragraph (2) or within the 

9 special maritime and territorial jurisdiction of the 

10 United States or a Federal prison, who commits a 

11 crime motivated by actual or perceived religion, na12 tional origin, gender, sexual orientation, gender iden13 tity, or disability, and thus deprives another of the 

14 right declared in subsection (c), shall be liable to the 

15 party injured, in an action for the recovery of com16 pensatory and punitive damages, injunctive and de17 claratory relief, and such other relief as a court may 

18 deem appropriate. 

19 (2) CIRCUMSTANCES DESCRIBED.—For pur20 poses of paragraph (1), the circumstances described 

21 in this paragraph are that— 

22 (A) the conduct described in paragraph (1) 

23 occurs during the course of, or as the result of, 

24 the travel of the defendant or the victim— 


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1 (i) across a State line or national bor2 der; or 

3 (ii) using a channel, facility, or instru4 mentality of interstate or foreign com5 merce; 

6 (B) the defendant uses a channel, facility, 

7 or instrumentality of interstate or foreign com8 merce in connection with the conduct described 

9 in paragraph (1); 

10 (C) in connection with the conduct de11 scribed in paragraph (1), the defendant employs 

12 a firearm, dangerous weapon, explosive or in13 cendiary device, or other weapon that has trav14 eled in interstate or foreign commerce; 

15 (D) the conduct described in paragraph 

16 (1)— 

17 (i) interferes with commercial or other 

18 economic activity in which the victim is en19 gaged at the time of the conduct; or 

20 (ii) otherwise affects interstate or for21 eign commerce. 

22 (e) DAMAGES.—In any civil action brought under this 

23 section in which the plaintiff prevails, the court— 

24 (1) shall award treble compensatory damages 

25 and a reasonable attorney’s fee; and 


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1 (2) may, in its discretion, award equitable re2 lief. 

3 (f) LIMITATIONS.— 

4 (1) PERIOD OF LIMITATION.—An action under 

5 this section may not be commenced later than 3 

6 years after the date of the act complained of. 

7 (2) RULE OF CONSTRUCTION.—Nothing in this 

8 section shall be construed to authorize a cause of ac9 tion under subsection (d) for— 

10 (A) a random act unrelated to actual or 

11 perceived religion, national origin, gender, sex12 ual orientation, gender identity, or disability; or 

13 (B) an act that cannot be demonstrated, 

14 by a preponderance of the evidence, to be a 

15 crime motivated by actual or perceived religion, 

16 national origin, gender, sexual orientation, gen17 der identity, or disability. 

18 (g) CONCURRENT JURISDICTION.—The district 

19 courts of the United States shall have original jurisdiction, 

20 concurrent with State courts, of an action under this sec21 tion. 

22 (h) NO PRIOR CRIMINAL ACTION.—Nothing in this 

23 section shall be construed to require a prior criminal com24 plaint, prosecution, or conviction to establish the elements 

25 of a cause of action under subsection (d). 


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1 SEC. 7. ADDITIONAL CRIMINAL PENALTIES. 

2 Section 249 of title 18, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(e) SUPERVISED RELEASE.—If a court includes, as 

5 a part of a sentence of imprisonment imposed for a viola6 tion of subsection (a), a requirement that the defendant 

7 be placed on a term of supervised release after imprison8 ment under section 3583, the court may order, as an ex9 plicit condition of supervised release, that the defendant 

10 undertake educational classes or community service di11 rectly related to the community harmed by the defendant’s 

12 offense.’’. 

Æ 


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