I 

108TH CONGRESS 

2D SESSION H. R. 4204 

To provide Federal assistance to States and local jurisdictions to prosecute 

hate crimes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2004 

Mr. CONYERS (for himself, Mr. BERMAN, Mr. NADLER, Mr. WATT, Ms. 

LOFGREN, Ms. JACKSON-LEE of Texas, Ms. WATERS, Mr. MEEHAN, Mr. 

DELAHUNT, Mr. WEXLER, Ms. BALDWIN, Mr. WEINER, Mr. SCHIFF, Ms. 

LINDA T. SA ́NCHEZ of California, Mr. ABERCROMBIE, Mr. ACKERMAN, 

Mr. ALLEN, Mr. ANDREWS, Mr. BACA, Mr. BAIRD, Mr. BECERRA, Mr. 

BELL, Ms. BERKLEY, Mr. BISHOP of Georgia, Mr. BISHOP of New York, 

Mr. BLUMENAUER, Mrs. BONO, Mr. BOSWELL, Mr. BRADY of Pennsylvania, Ms. CORRINE BROWN of Florida, Mr. BROWN of Ohio, Mrs. 

CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. CARSON of Indiana, Mr. CASE, 

Mrs. CHRISTENSEN, Mr. CLAY, Mr. COOPER, Mr. CROWLEY, Mr. 

CUMMINGS, Mr. DAVIS of Alabama, Mr. DAVIS of Illinois, Mr. DAVIS of 

Florida, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Ms. 

DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. 

DOYLE, Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, Mr. EVANS, Mr. 

FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. FOLEY, Mr. 

FORD, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GEPHARDT, Mr. 

GONZALEZ, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. 

HASTINGS of Florida, Mr. HINCHEY, Mr. HOEFFEL, Mr. HOLT, Mr. 

HONDA, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, 

Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JOHNSON of Connecticut, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KENNEDY

of Rhode Island, Mr. KILDEE, Mr. KIND, Mr. KLECZKA, Mr. KOLBE, Mr. 

KUCINICH, Mr. LAMPSON, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of 

Washington, Mr. LARSON of Connecticut, Mr. LEACH, Ms. LEE, Mr. 

LEVIN, Mr. LEWIS of Georgia, Mr. LOBIONDO, Mrs. LOWEY, Mr. LYNCH, 

Ms. MAJETTE, Mrs. MCCARTHY of New York, Ms. MCCARTHY of Missouri, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mrs. MALONEY, Mr. MARKEY, Mr. MATHESON, Mr. MATSUI, Mr. 

MEEK of Florida, Mr. MEEKS of New York, Mr. MENENDEZ, Mr. 

MICHAUD, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mr. MOLLOHAN, Mr. MOORE, Mr. MORAN of Virginia, Mrs. 

NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OBERSTAR, 

Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR, 
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Mr. PAYNE, Ms. PELOSI, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. 

RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, 

Mr. RUPPERSBERGER, Mr. RUSH, Mr. SABO, Mr. SANDERS, Ms. LORETTA SANCHEZ of California, Mr. SANDLIN, Ms. SCHAKOWSKY, Mr. 

SERRANO, Mr. SHAYS, Mr. SHERMAN, Mr. SIMMONS, Mr. SKELTON, Ms. 

SLAUGHTER, Mr. SMITH of Washington, Mr. SNYDER, Ms. SOLIS, Mr. 

SPRATT, Mr. STARK, Mr. STRICKLAND, Mr. STUPAK, Mrs. TAUSCHER, 

Mr. THOMPSON of California, Mr. THOMPSON of Mississippi, Mr. 

TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Ms. VELA ́ZQUEZ, Mr. VISCLOSKY, Mr. WALSH, 

Ms. WATSON, Mr. WAXMAN, Ms. WOOLSEY, Mr. WU, and Mr. WYNN) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

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

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 ‘‘Local Law Enforce5 ment Hate Crimes Prevention Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The incidence of violence motivated by the 

9 actual or perceived race, color, religion, national ori10 gin, gender, sexual orientation, or disability of the 

11 victim poses a serious national problem. 

12 (2) Such violence disrupts the tranquility and 

13 safety of communities and is deeply divisive. 
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1 (3) State and local authorities are now and will 

2 continue to be responsible for prosecuting the over3 whelming majority of violent crimes in the United 

4 States, including violent crimes motivated by bias. 

5 These authorities can carry out their responsibilities 

6 more effectively with greater Federal assistance. 

7 (4) Existing Federal law is inadequate to ad8 dress this problem. 

9 (5) The prominent characteristic of a violent 

10 crime motivated by bias is that it devastates not just 

11 the actual victim and the family and friends of the 

12 victim, but frequently savages the community shar13 ing the traits that caused the victim to be selected. 

14 (6) Such violence substantially affects interstate 

15 commerce in many ways, including— 

16 (A) by impeding the movement of members 

17 of targeted groups and forcing such members to 

18 move across State lines to escape the incidence 

19 or risk of such violence; and 

20 (B) by preventing members of targeted 

21 groups from purchasing goods and services, ob22 taining or sustaining employment, or partici23 pating in other commercial activity. 

24 (7) Perpetrators cross State lines to commit 

25 such violence. 
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1 (8) Channels, facilities, and instrumentalities of 

2 interstate commerce are used to facilitate the com3 mission of such violence. 

4 (9) Such violence is committed using articles 

5 that have traveled in interstate commerce. 

6 (10) For generations, the institutions of slavery 

7 and involuntary servitude were defined by the race, 

8 color, and ancestry of those held in bondage. Slavery 

9 and involuntary servitude were enforced, both prior 

10 to and after the adoption of the 13th amendment to 

11 the Constitution of the United States, through wide12 spread public and private violence directed at per13 sons because of their race, color, or ancestry, or per14 ceived race, color, or ancestry. Accordingly, elimi15 nating racially motivated violence is an important 

16 means of eliminating, to the extent possible, the 

17 badges, incidents, and relics of slavery and involun18 tary servitude. 

19 (11) Both at the time when the 13th, 14th, and 

20 15th amendments to the Constitution of the United 

21 States were adopted, and continuing to date, mem22 bers of certain religious and national origin groups 

23 were and are perceived to be distinct ‘‘races’’. Thus, 

24 in order to eliminate, to the extent possible, the 

25 badges, incidents, and relics of slavery, it is nec-
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1 essary to prohibit assaults on the basis of real or 

2 perceived religions or national origins, at least to the 

3 extent such religions or national origins were re4 garded as races at the time of the adoption of the 

5 13th, 14th, and 15th amendments to the Constitu6 tion of the United States. 

7 (12) Federal jurisdiction over certain violent 

8 crimes motivated by bias enables Federal, State, and 

9 local authorities to work together as partners in the 

10 investigation and prosecution of such crimes. 

11 (13) The problem of crimes motivated by bias 

12 is sufficiently serious, widespread, and interstate in 

13 nature as to warrant Federal assistance to States 

14 and local jurisdictions. 

15 SEC. 3. DEFINITION OF HATE CRIME. 

16 In this Act, the term ‘‘hate crime’’ has the same 

17 meaning as in section 280003(a) of the Violent Crime 

18 Control and Law Enforcement Act of 1994 (28 U.S.C. 

19 994 note). 

20 SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 

21 PROSECUTIONS BY STATE AND LOCAL LAW 

22 ENFORCEMENT OFFICIALS. 

23 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST24 ANCE.— 
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1 (1) IN GENERAL.—At the request of a law en2 forcement official of a State or Indian tribe, the At3 torney General may provide technical, forensic, pros4 ecutorial, or any other form of assistance in the 

5 criminal investigation or prosecution of any crime 

6 that— 

7 (A) constitutes a crime of violence (as de8 fined in section 16 of title 18, United States 

9 Code); 

10 (B) constitutes a felony under the laws of 

11 the State or Indian tribe; and 

12 (C) is motivated by prejudice based on the 

13 race, color, religion, national origin, gender, 

14 sexual orientation, or disability of the victim, or 

15 is a violation of the hate crime laws of the State 

16 or Indian tribe. 

17 (2) PRIORITY.—In providing assistance under 

18 paragraph (1), the Attorney General shall give pri19 ority to crimes committed by offenders who have 

20 committed crimes in more than 1 State and to rural 

21 jurisdictions that have difficulty covering the ex22 traordinary expenses relating to the investigation or 

23 prosecution of the crime. 

24 (b) GRANTS.— 
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1 (1) IN GENERAL.—The Attorney General may 

2 award grants to assist State, local, and Indian law 

3 enforcement officials with the extraordinary expenses 

4 associated with the investigation and prosecution of 

5 hate crimes. 

6 (2) OFFICE OF JUSTICE PROGRAMS.—In imple7 menting the grant program, the Office of Justice 

8 Programs shall work closely with the funded juris9 dictions to ensure that the concerns and needs of all 

10 affected parties, including community groups and 

11 schools, colleges, and universities, are addressed 

12 through the local infrastructure developed under the 

13 grants. 

14 (3) APPLICATION.— 

15 (A) IN GENERAL.—Each State that desires 

16 a grant under this subsection shall submit an 

17 application to the Attorney General at such 

18 time, in such manner, and accompanied by or 

19 containing such information as the Attorney 

20 General shall reasonably require. 

21 (B) DATE FOR SUBMISSION.—Applications 

22 submitted pursuant to subparagraph (A) shall 

23 be submitted during the 60-day period begin24 ning on a date that the Attorney General shall 

25 prescribe. 
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1 (C) REQUIREMENTS.—A State or political 

2 subdivision of a State or tribal official applying 

3 for assistance under this subsection shall— 

4 (i) describe the extraordinary pur5 poses for which the grant is needed; 

6 (ii) certify that the State, political 

7 subdivision, or Indian tribe lacks the re8 sources necessary to investigate or pros9 ecute the hate crime; 

10 (iii) demonstrate that, in developing a 

11 plan to implement the grant, the State, po12 litical subdivision, or tribal official has con13 sulted and coordinated with nonprofit, non14 governmental victim services programs 

15 that have experience in providing services 

16 to victims of hate crimes; and 

17 (iv) certify that any Federal funds re18 ceived under this subsection will be used to 

19 supplement, not supplant, non-Federal 

20 funds that would otherwise be available for 

21 activities funded under this subsection. 

22 (4) DEADLINE.—An application for a grant 

23 under this subsection shall be approved or dis24 approved by the Attorney General not later than 30 
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1 business days after the date on which the Attorney 

2 General receives the application. 

3 (5) GRANT AMOUNT.—A grant under this sub4 section shall not exceed $100,000 for any single ju5 risdiction within a 1 year period. 

6 (6) REPORT.—Not later than December 31, 

7 2005, the Attorney General shall submit to Congress 

8 a report describing the applications submitted for 

9 grants under this subsection, the award of such 

10 grants, and the purposes for which the grant 

11 amounts were expended. 

12 (7) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this subsection $5,000,000 for each of fiscal years 

15 2005 and 2006. 

16 SEC. 5. GRANT PROGRAM. 

17 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

18 Justice Programs of the Department of Justice shall 

19 award grants, in accordance with such regulations as the 

20 Attorney General may prescribe, to State and local pro21 grams designed to combat hate crimes committed by juve22 niles, including programs to train local law enforcement 

23 officers in identifying, investigating, prosecuting, and pre24 venting hate crimes. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 

5 ASSIST STATE AND LOCAL LAW ENFORCE6 MENT. 

7 There are authorized to be appropriated to the De8 partment of the Treasury and the Department of Justice, 

9 including the Community Relations Service, for fiscal 

10 years 2005, 2006, and 2007 such sums as are necessary 

11 to increase the number of personnel to prevent and re12 spond to alleged violations of section 249 of title 18, 

13 United States Code, as added by section 7. 

14 SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS. 

15 (a) IN GENERAL.—Chapter 13 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 249. Hate crime acts 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER21 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI22 GIN.—Whoever, whether or not acting under color of 

23 law, willfully causes bodily injury to any person or, 

24 through the use of fire, a firearm, or an explosive or 

25 incendiary device, attempts to cause bodily injury to 
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1 any person, because of the actual or perceived race, 

2 color, religion, or national origin of any person— 

3 ‘‘(A) shall be imprisoned not more than 10 

4 years, fined in accordance with this title, or 

5 both; and 

6 ‘‘(B) shall be imprisoned for any term of 

7 years or for life, fined in accordance with this 

8 title, or both, if— 

9 ‘‘(i) death results from the offense; or 

10 ‘‘(ii) the offense includes kidnaping or 

11 an attempt to kidnap, aggravated sexual 

12 abuse or an attempt to commit aggravated 

13 sexual abuse, or an attempt to kill. 

14 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER15 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX16 UAL ORIENTATION, OR DISABILITY.— 

17 ‘‘(A) IN GENERAL.—Whoever, whether or 

18 not acting under color of law, in any cir19 cumstance described in subparagraph (B), will20 fully causes bodily injury to any person or, 

21 through the use of fire, a firearm, or an explo22 sive or incendiary device, attempts to cause 

23 bodily injury to any person, because of the ac24 tual or perceived religion, national origin, gen-
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1 der, sexual orientation, or disability of any per2 son— 

3 ‘‘(i) shall be imprisoned not more 

4 than 10 years, fined in accordance with 

5 this title, or both; and 

6 ‘‘(ii) shall be imprisoned for any term 

7 of years or for life, fined in accordance 

8 with this title, or both, if— 

9 ‘‘(I) death results from the of10 fense; or 

11 ‘‘(II) the offense includes kid12 naping or an attempt to kidnap, ag13 gravated sexual abuse or an attempt 

14 to commit aggravated sexual abuse, or 

15 an attempt to kill. 

16 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For 

17 purposes of subparagraph (A), the cir18 cumstances described in this subparagraph are 

19 that— 

20 ‘‘(i) the conduct described in subpara21 graph (A) occurs during the course of, or 

22 as the result of, the travel of the defendant 

23 or the victim— 

24 ‘‘(I) across a State line or na25 tional border; or 
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1 ‘‘(II) using a channel, facility, or 

2 instrumentality of interstate or for3 eign commerce; 

4 ‘‘(ii) the defendant uses a channel, fa5 cility, or instrumentality of interstate or 

6 foreign commerce in connection with the 

7 conduct described in subparagraph (A); 

8 ‘‘(iii) in connection with the conduct 

9 described in subparagraph (A), the defend10 ant employs a firearm, explosive or incen11 diary device, or other weapon that has 

12 traveled in interstate or foreign commerce; 

13 or 

14 ‘‘(iv) the conduct described in sub15 paragraph (A)— 

16 ‘‘(I) interferes with commercial 

17 or other economic activity in which 

18 the victim is engaged at the time of 

19 the conduct; or 

20 ‘‘(II) otherwise affects interstate 

21 or foreign commerce. 

22 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu23 tion of any offense described in this subsection may be 

24 undertaken by the United States, except under the certifi25 cation in writing of the Attorney General, the Deputy At-
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1 torney General, the Associate Attorney General, or any 

2 Assistant Attorney General specially designated by the At3 torney General that— 

4 ‘‘(1) he or she has reasonable cause to believe 

5 that the actual or perceived race, color, religion, na6 tional origin, gender, sexual orientation, or disability 

7 of any person was a motivating factor underlying the 

8 alleged conduct of the defendant; and 

9 ‘‘(2) he or his designee or she or her designee 

10 has consulted with State or local law enforcement of11 ficials regarding the prosecution and determined 

12 that— 

13 ‘‘(A) the State does not have jurisdiction 

14 or does not intend to exercise jurisdiction; 

15 ‘‘(B) the State has requested that the Fed16 eral Government assume jurisdiction; 

17 ‘‘(C) the State does not object to the Fed18 eral Government assuming jurisdiction; or 

19 ‘‘(D) the verdict or sentence obtained pur20 suant to State charges left demonstratively 

21 unvindicated the Federal interest in eradicating 

22 bias-motivated violence. 

23 ‘‘(c) DEFINITIONS.—In this section— 
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1 ‘‘(1) the term ‘explosive or incendiary device’ 

2 has the meaning given the term in section 232 of 

3 this title; and 

4 ‘‘(2) the term ‘firearm’ has the meaning given 

5 the term in section 921(a) of this title.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The analysis for chapter 13 of title 18, United States 

8 Code, is amended by adding at the end the following: 

‘‘249. Hate crime acts.’’. 

9 SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION. 

10 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE11 LINES.—Pursuant to the authority provided under section 

12 994 of title 28, United States Code, the United States 

13 Sentencing Commission shall study the issue of adult re14 cruitment of juveniles to commit hate crimes and shall, 

15 if appropriate, amend the Federal sentencing guidelines 

16 to provide sentencing enhancements (in addition to the 

17 sentencing enhancement provided for the use of a minor 

18 during the commission of an offense) for adult defendants 

19 who recruit juveniles to assist in the commission of hate 

20 crimes. 

21 (b) CONSISTENCY WITH OTHER GUIDELINES.—In 

22 carrying out this section, the United States Sentencing 

23 Commission shall— 

24 (1) ensure that there is reasonable consistency 

25 with other Federal sentencing guidelines; and 
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1 (2) avoid duplicative punishments for substan2 tially the same offense. 

3 SEC. 9. STATISTICS. 

4 Subsection (b)(1) of the first section of the Hate 

5 Crimes Statistics Act (28 U.S.C. 534 note) is amended 

6 by inserting ‘‘gender,’’ after ‘‘race,’’. 

7 SEC. 10. SEVERABILITY. 

8 If any provision of this Act, an amendment made by 

9 this Act, or the application of such provision or amend10 ment to any person or circumstance is held to be unconsti11 tutional, the remainder of this Act, the amendments made 

12 by this Act, and the application of the provisions of such 

13 to any person or circumstance shall not be affected there14 by. 

Æ