Even in states that have hate crimes statutes that cover sexual orientation, gender, or disability, a federal prosecution may be warranted. Crimes based on sexual orientation, gender, or disability would be limited under the amendment to violent crimes that have a sufficient connection with interstate commerce. In all cases, the prosecution would have to show that the crime was motivated in part by the actual or perceived sexual orientation, gender, or disability of the victim and would be required to present evidence indicating that bias against a particular group was a motivating factor in the defendant's conduct. Based on analysis by the Department of Justice and constitutional scholars, we are confident that HCPA would stand up to constitutional scrutiny. Limits federal jurisdiction to only the most violent hate crimes Federal jurisdiction provides an important complement to state jurisdiction to allow law enforcement authorities a broad range of options in achieving justice in any particular case.
Federal jurisdiction allows federal authorities to assist the states in bringing their own case.
In recent years, the existing federal hate crimes law has been used only in carefully selected cases where the state criminal justice system did not achieve a just result. There were an average of only 5.2 prosecutions per year from FY90 through FY96 under the current law. The Senate-passed version of the hate crimes legislation does not violate the First Amendment right to free speech guaranteed by the U.S. Constitution. The amendment does not apply to name calling, verbal abuse, or expressions of hatred toward any group even if statements amount to hate speech. However, causing or attempting to cause bodily injury is clearly not speech protected by the First Amendment.