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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1913 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1913

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
   To provide Federal assistance to States, local jurisdictions, and 
    Indian tribes to prosecute hate crimes, and for other purposes.

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

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) 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.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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