Stop Hate Crimes Act of 2023

Subjects: Crime and Law Enforcement, Evidence and witnesses, Hate crimes, Violent crime

Summary:  <p><strong></strong><b>Stop Hate Crimes Act of 2023 </b></p> <p>This bill lowers the statutory burden of proof for showing intent with respect to a federal hate crime offense.</p> <p>Current law makes it unlawful to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the actual or perceived protected characteristic (e.g., race) of a person. In 2014, the U.S. Court of Appeals for the Sixth Circuit held that the<em> because of</em> standard requires proof that a person's actual or perceived protected characteristic was the sole motivating factor in the offense. </p> <p>This bill replaces the<em> because of </em>standard with a new standard. Specifically, willfully causing bodily injury, or attempting to do so using a dangerous weapon, is a hate crime offense if a person's actual or perceived protected characteristic was a contributory motivating factor in the offense.<br> </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1091 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1091

To amend title 18, United States Code, to clarify the causation element 
       in the Federal hate crime statute, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

Mr. Lieu (for himself, Mrs. McBath, Mr. Swalwell, Ms. Garcia of Texas, 
  Mr. Panetta, Mr. Blumenauer, Mr. Ivey, Mrs. Hayes, Ms. Escobar, Mr. 
   Castro of Texas, Mr. Johnson of Georgia, Ms. Chu, Ms. Williams of 
   Georgia, Ms. Velazquez, Mr. Davis of Illinois, Ms. Meng, and Mr. 
   Takano) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to clarify the causation element 
       in the Federal hate crime statute, 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 ``Stop Hate Crimes Act of 2023''.

SEC. 2. CLARIFICATION AS TO CAUSATION ELEMENT IN HATE CRIMES.

    Section 249(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A)--
                    (A) by striking ``because of'' and inserting 
                ``if''; and
                    (B) by inserting after ``origin of any person'' the 
                following: ``was a contributory motivating factor for 
                causing or attempting to cause such injury''; and
            (2) in paragraph (2)(A), in the matter preceding clause 
        (i)--
                    (A) by striking ``because of'' and inserting 
                ``if''; and
                    (B) by inserting after ``disability of any person'' 
                the following: ``was a contributory motivating factor 
                for causing or attempting to cause such injury''.
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