II 

116TH CONGRESS 

1ST SESSION S. 2043 

To provide incentives for hate crime reporting, provide grants for Staterun hate crime hotlines, and establish alternative sentencing for individuals convicted under the Matthew Shephard and James Byrd, Jr. Hate 

Crimes Prevention Act. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2019 

Mr. BLUMENTHAL (for himself, Mr. DURBIN, Ms. HIRONO, Mr. WARNER, Mr. 

KAINE, and Mrs. GILLIBRAND) 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, provide grants 

for State-run hate crime hotlines, and establish alternative sentencing 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Khalid Jabara and 

5 Heather Heyer National Opposition to Hate, Assault, and 

6 Threats to Equality Act of 2019’’ or the ‘‘Jabara-Heyer 

7 NO HATE Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The incidence of violence known as hate 

4 crimes, or crimes motivated by bias, poses a serious 

5 national problem. 

6 (2) According to data obtained by the Federal 

7 Bureau of Investigation, the incidence of such vio8 lence increased in 2017, the most recent year for 

9 which data is available. 

10 (3) In 1990, Congress enacted the Hate Crime 

11 Statistics Act (Public Law 101–275; 28 U.S.C. 534 

12 note) to provide the Federal Government, law en13 forcement agencies, and the public with data regard14 ing the incidence of hate crime. The Hate Crimes 

15 Statistics Act and the Matthew Shepard and James 

16 Byrd, Jr. Hate Crimes Prevention Act (division E of 

17 Public Law 111–84; 123 Stat. 2835) have enabled 

18 Federal authorities to understand and, where appro19 priate, investigate and prosecute hate crimes. 

20 (4) A more complete understanding of the na21 tional problem posed by hate crime is in the public 

22 interest and supports the Federal interest in eradi23 cating bias-motivated violence referenced in section 

24 249(b)(1)(C) of title 18, United States Code. 

25 (5) However, a complete understanding of the 

26 national problem posed by hate crimes is hindered 


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1 by incomplete data from Federal, State, and local 

2 jurisdictions through the Uniform Crime Reports 

3 program authorized under section 534 of title 28, 

4 United States Code, and administered by the Fed5 eral Bureau of Investigation. 

6 (6) Multiple factors contribute to the provision 

7 of inaccurate and incomplete data regarding the in8 cidence of hate crime through the Uniform Crime 

9 Reports program. A significant contributing factor is 

10 the quality and quantity of training that State and 

11 local law enforcement agencies receive on the identi12 fication and reporting of suspected bias-motivated 

13 crimes. 

14 (7) The problem of crimes motivated by bias is 

15 sufficiently serious, widespread, and interstate in na16 ture as to warrant Federal financial assistance to 

17 States and local jurisdictions. 

18 (8) Federal financial assistance with regard to 

19 certain violent crimes motivated by bias enables Fed20 eral, State, and local authorities to work together as 

21 partners in the investigation and prosecution of such 

22 crimes. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) HATE CRIME.—The term ‘‘hate crime’’ 

2 means an act described in section 245, 247, or 249 

3 of title 18, United States Code, or in section 901 of 

4 the Civil Rights Act of 1968 (42 U.S.C. 3631). 

5 (2) PRIORITY AGENCY.—The term ‘‘priority 

6 agency’’ means— 

7 (A) a law enforcement agency of a unit of 

8 local government that serves a population of not 

9 less than 100,000, as computed by the Federal 

10 Bureau of Investigation; or 

11 (B) a law enforcement agency of a unit of 

12 local government that— 

13 (i) serves a population of not less than 

14 50,000 and less than 100,000, as com15 puted by the Federal Bureau of Investiga16 tion; and 

17 (ii) has reported no hate crimes 

18 through the Uniform Crime Reports pro19 gram in each of the 3 most recent calendar 

20 years for which such data is available. 

21 (3) STATE.—The term ‘‘State’’ has the mean22 ing given the term in section 901 of title I of the 

23 Omnibus Crime Control and Safe Streets Act of 

24 1968 (34 U.S.C. 10251). 


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1 (4) UNIFORM CRIME REPORTS.—The term 

2 ‘‘Uniform Crime Reports’’ means the reports author3 ized under section 534 of title 28, United States 

4 Code, and administered by the Federal Bureau of 

5 Investigation that compile nationwide criminal sta6 tistics for use— 

7 (A) in law enforcement administration, op8 eration, and management; and 

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

10 in the United States. 

11 (5) UNIT OF LOCAL GOVERNMENT.—The term 

12 ‘‘unit of local government’’ has the meaning given 

13 the term in section 901 of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (34 

15 U.S.C. 10251). 

16 SEC. 4. REPORTING OF HATE CRIMES. 

17 (a) IMPLEMENTATION GRANTS.— 

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

19 make grants to States and units of local government 

20 to assist the State or unit of local government in im21 plementing the National Incident-Based Reporting 

22 System, including to train employees in identifying 

23 and classifying hate crimes in the National Incident24 Based Reporting System. 


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1 (2) PRIORITY.—In making grants under para2 graph (1), the Attorney General shall give priority to 

3 States and units of local government with larger 

4 populations. 

5 (b) REPORTING.— 

6 (1) COMPLIANCE.— 

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

8 subparagraph (B), in each fiscal year beginning 

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

10 which a State or unit of local government first 

11 receives a grant under subsection (a), the State 

12 or unit of local government shall provide to the 

13 Attorney General, through the Uniform Crime 

14 Reporting system, information pertaining to 

15 hate crimes committed in that jurisdiction dur16 ing the preceding fiscal year. 

17 (B) EXTENSIONS; WAIVER.—The Attorney 

18 General— 

19 (i) may provide a 120-day extension 

20 to a State or unit of local government that 

21 is making good faith efforts to comply with 

22 subparagraph (A); and 

23 (ii) shall waive the requirements of 

24 subparagraph (A) if compliance with that 

25 subparagraph by a State or unit of local 


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1 government would be unconstitutional 

2 under the constitution of the State or of 

3 the State in which the unit of local govern4 ment is located, respectively. 

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

6 local government that receives a grant under sub7 section (a) fails to substantially comply with para8 graph (1) of this subsection, the State or unit of 

9 local government shall repay the grant in full, plus 

10 reasonable interest and penalty charges allowable by 

11 law or established by the Attorney General. 

12 SEC. 5. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. 

13 (a) GRANTS AUTHORIZED.— 

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

15 make grants to States to create State-run hate 

16 crime reporting hotlines. 

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

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

19 5 years. 

20 (b) HOTLINE REQUIREMENTS.—A State shall ensure, 

21 with respect to a hotline funded by a grant under sub22 section (a), that— 

23 (1) the hotline directs individuals to— 

24 (A) law enforcement if appropriate; and 

25 (B) local support services; 


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1 (2) any personally identifiable information that 

2 an individual provides to an agency of the State 

3 through the hotline is not directly or indirectly dis4 closed, without the consent of the individual, to— 

5 (A) any other agency of that State; 

6 (B) any other State; 

7 (C) the Federal Government; or 

8 (D) any other person or entity; 

9 (3) the staff members who operate the hotline 

10 are trained to be knowledgeable about— 

11 (A) applicable Federal, State, and local 

12 hate crime laws; and 

13 (B) local law enforcement resources and 

14 applicable local support services; and 

15 (4) the hotline is accessible to— 

16 (A) individuals with limited English pro17 ficiency, where appropriate; and 

18 (B) individuals with disabilities. 

19 (c) BEST PRACTICES.—The Attorney General shall 

20 issue guidance to States on best practices for imple21 menting the requirements of subsection (b). 

22 SEC. 6. INFORMATION COLLECTION BY STATES AND UNITS 

23 OF LOCAL GOVERNMENT. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) APPLICABLE AGENCY.—The term ‘‘applica2 ble agency’’, with respect to an eligible entity that 

3 is— 

4 (A) a State, means— 

5 (i) a law enforcement agency of the 

6 State; and 

7 (ii) a law enforcement agency of a 

8 unit of local government within the State 

9 that— 

10 (I) is a priority agency; and 

11 (II) receives a subgrant from the 

12 State under this section; and 

13 (B) a unit of local government, means a 

14 law enforcement agency of the unit of local gov15 ernment that is a priority agency. 

16 (2) COVERED AGENCY.—The term ‘‘covered 

17 agency’’ means— 

18 (A) a State law enforcement agency; and 

19 (B) a priority agency. 

20 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means— 

22 (A) a State; or 

23 (B) a unit of local government that has a 

24 priority agency. 

25 (b) GRANTS.— 


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

2 make grants to eligible entities to assist covered 

3 agencies within the jurisdiction of the eligible entity 

4 in conducting law enforcement activities or crime re5 duction programs to prevent, address, or otherwise 

6 respond to hate crime, particularly as those activities 

7 or programs relate to reporting hate crimes through 

8 the Uniform Crime Reports program, including— 

9 (A) adopting a policy on identifying, inves10 tigating, and reporting hate crimes; 

11 (B) developing a standardized system of 

12 collecting, analyzing, and reporting the inci13 dence of hate crime; 

14 (C) establishing a unit specialized in iden15 tifying, investigating, and reporting hate 

16 crimes; 

17 (D) engaging in community relations func18 tions related to hate crime prevention and edu19 cation such as— 

20 (i) establishing a liaison with formal 

21 community-based organizations or leaders; 

22 and 

23 (ii) conducting public meetings or 

24 educational forums on the impact of hate 

25 crimes, services available to hate crime vicVerDate Sep 11 2014 23:00 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2043.IS S2043

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1 tims, and the relevant Federal, State, and 

2 local laws pertaining to hate crimes; and 

3 (E) providing hate crime trainings for 

4 agency personnel. 

5 (2) SUBGRANTS.—A State that receives a grant 

6 under paragraph (1) may award a subgrant to a pri7 ority agency of a unit of local government within the 

8 State for the purposes under that paragraph. 

9 (c) INFORMATION REQUIRED OF STATES AND UNITS

10 OF LOCAL GOVERNMENT.— 

11 (1) IN GENERAL.—For each fiscal year in 

12 which an eligible entity receives a grant under sub13 section (b), the eligible entity shall— 

14 (A) collect information from each applica15 ble agency summarizing the law enforcement 

16 activities or crime reduction programs con17 ducted by the agency to prevent, address, or 

18 otherwise respond to hate crime, particularly as 

19 those activities or programs relate to reporting 

20 hate crimes through the Uniform Crime Re21 ports program; and 

22 (B) submit to the Attorney General a re23 port containing the information collected under 

24 subparagraph (A). 


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1 (2) SEMIANNUAL LAW ENFORCEMENT AGENCY

2 REPORT.— 

3 (A) IN GENERAL.—In collecting the infor4 mation required under paragraph (1)(A), an eli5 gible entity shall require each applicable agency 

6 to submit a semiannual report to the eligible 

7 entity that includes a summary of the law en8 forcement activities or crime reduction pro9 grams conducted by the agency during the re10 porting period to prevent, address, or otherwise 

11 respond to hate crime, particularly as those ac12 tivities or programs relate to reporting hate 

13 crimes through the Uniform Crime Reports pro14 gram. 

15 (B) CONTENTS.—In a report submitted 

16 under subparagraph (A), a law enforcement 

17 agency shall, at a minimum, disclose— 

18 (i) whether the agency has adopted a 

19 policy on identifying, investigating, and re20 porting hate crimes; 

21 (ii) whether the agency has developed 

22 a standardized system of collecting, ana23 lyzing, and reporting the incidence of hate 

24 crime; 


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1 (iii) whether the agency has estab2 lished a unit specialized in identifying, in3 vestigating, and reporting hate crimes; 

4 (iv) whether the agency engages in 

5 community relations functions related to 

6 hate crime, such as— 

7 (I) establishing a liaison with for8 mal community-based organizations or 

9 leaders; and 

10 (II) conducting public meetings 

11 or educational forums on the impact 

12 of hate crime, services available to 

13 hate crime victims, and the relevant 

14 Federal, State, and local laws per15 taining to hate crime; and 

16 (v) the number of hate crime 

17 trainings for agency personnel, including 

18 the duration of the trainings, conducted by 

19 the agency during the reporting period. 

20 (d) COMPLIANCE AND REDIRECTION OF FUNDS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), beginning not later than 1 year after the 

23 date of this Act, an eligible entity receiving a grant 

24 under subsection (b) shall comply with subsection 

25 (c). 


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1 (2) EXTENSIONS; WAIVER.—The Attorney Gen2 eral— 

3 (A) may provide a 120-day extension to an 

4 eligible entity that is making good faith efforts 

5 to collect the information required under sub6 section (c); and 

7 (B) shall waive the requirements of sub8 section (c) for a State or unit of local govern9 ment if compliance with that subsection by the 

10 State or unit of local government would be un11 constitutional under the constitution of the 

12 State or of the State in which the unit of local 

13 government is located, respectively. 

14 SEC. 7. REQUIREMENTS OF THE ATTORNEY GENERAL. 

15 (a) INFORMATION COLLECTION AND ANALYSIS; RE16 PORT.—In order to improve the accuracy of data regard17 ing the incidence of hate crime provided through the Uni18 form Crime Reports program, and promote a more com19 plete understanding of the national problem posed by hate 

20 crime, the Attorney General shall— 

21 (1) collect and analyze the information provided 

22 by States and units of local government under sec23 tion 6 for the purpose of developing policies related 

24 to the provision of accurate data obtained under the 

25 Hate Crime Statistics Act (Public Law 101–275; 28 


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1 U.S.C. 534 note) by the Federal Bureau of Inves2 tigation; and 

3 (2) for each calendar year beginning after the 

4 date of enactment of this Act, publish and submit to 

5 Congress a report based on the information collected 

6 and analyzed under paragraph (1). 

7 (b) CONTENTS OF REPORT.—A report submitted 

8 under subsection (a) shall include— 

9 (1) a qualitative analysis of the relationship be10 tween— 

11 (A) the number of hate crimes reported by 

12 State law enforcement agencies or priority 

13 agencies through the Uniform Crime Reports 

14 program; and 

15 (B) the nature and extent of law enforce16 ment activities or crime reduction programs 

17 conducted by those agencies to prevent, ad18 dress, or otherwise respond to hate crime; and 

19 (2) a quantitative analysis of the number of 

20 State law enforcement agencies and priority agencies 

21 that have— 

22 (A) adopted a policy on identifying, inves23 tigating, and reporting hate crimes; 


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1 (B) developed a standardized system of 

2 collecting, analyzing, and reporting the inci3 dence of hate crime; 

4 (C) established a unit specialized in identi5 fying, investigating, and reporting hate crimes; 

6 (D) engaged in community relations func7 tions related to hate crime, such as— 

8 (i) establishing a liaison with formal 

9 community-based organizations or leaders; 

10 and 

11 (ii) conducting public meetings or 

12 educational forums on the impact of hate 

13 crime, services available to hate crime vic14 tims, and the relevant Federal, State, and 

15 local laws pertaining to hate crime; and 

16 (E) conducted hate crime trainings for 

17 agency personnel during the reporting period, 

18 including— 

19 (i) the total number of trainings con20 ducted by each agency; and 

21 (ii) the duration of the trainings de22 scribed in clause (i). 

23 SEC. 8. ALTERNATIVE SENTENCING. 

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

25 amended by adding at the end the following: 


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

2 a part of a sentence of imprisonment imposed for a viola3 tion of subsection (a), a requirement that the defendant 

4 be placed on a term of supervised release after imprison5 ment under section 3583, the court may order, as an ex6 plicit condition of supervised release, that the defendant 

7 undertake educational classes or community service di8 rectly related to the community harmed by the defendant’s 

9 offense.’’. 

Æ 


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