I 
109TH CONGRESS 
1ST SESSION 
H. R. 259
To enhance Federal enforcement of hate crimes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2005
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To enhance Federal enforcement of hate crimes, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hate Crimes Preven-
tion Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) the incidence of violence motivated by the 
actual or perceived race, color, national origin, reli-
gion, sexual orientation, gender, or disability of the 
victim poses a serious national problem;
(2) such violence disrupts the tranquility and 
safety of communities and is deeply divisive; 
(3) existing Federal law is inadequate to ad-
dress this problem; 
(4) such violence affects interstate commerce in 
many ways, including—
(A) by impeding the movement of members 
of targeted groups and forcing such members to 
move across State lines to escape the incidence 
or risk of such violence; and 
(B) by preventing members of targeted 
groups from purchasing goods and services, ob-
taining or sustaining employment or partici-
pating in other commercial activity; 
(5) perpetrators cross State lines to commit 
such violence; 
(6) instrumentalities of interstate commerce are 
used to facilitate the commission of such violence; 
(7) such violence is committed using articles 
that have traveled in interstate commerce; 
(8) violence motivated by bias that is a relic of 
slavery can constitute badges and incidents of slav-
ery; 
(9) although many local jurisdictions have at-
tempted to respond to the challenges posed by such
violence, the problem is sufficiently serious, wide-
spread, and interstate in scope to warrant Federal 
intervention to assist such jurisdictions; and 
(10) many States have no laws addressing vio-
lence based on the actual or perceived race, color, 
national origin, religion, sexual orientation, gender, 
or disability, of the victim, while other States have 
laws that provide only limited protection. 
SEC. 3. DEFINITION OF HATE CRIME. 
In this Act, the term ‘‘hate crime’’ has the same 
meaning as in section 280003(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (28 U.S.C. 
994 note). 
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. 
Section 245 of title 18, United States Code, is 
amended—
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) Whoever, whether or not acting under color 
of law, willfully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explosive 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, or fined in accordance with this title, or both; 
and 
‘‘(B) shall be imprisoned for any term of years 
or for life, or fined in accordance with this title, or 
both if—
‘‘(i) death results from the acts committed 
in violation of this paragraph; or 
‘‘(ii) the acts committed in violation of this 
paragraph include kidnapping or an attempt to 
kidnap, aggravated sexual abuse or an attempt 
to commit aggravated sexual abuse, or an at-
tempt to kill. 
‘‘(2)(A) 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, or an explosive device, 
attempts to cause bodily injury to any person, because of 
the actual or perceived religion, gender, sexual orientation, 
or disability of any person—
‘‘(i) shall be imprisoned not more than 10 
years, or fined in accordance with this title, or both; 
and
‘‘(ii) shall be imprisoned for any term of years 
or for life, or fined in accordance with this title, or 
both, if—
‘‘(I) death results from the acts committed 
in violation of this paragraph; or 
‘‘(II) the acts committed in violation of 
this paragraph include kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or an 
attempt to commit aggravated sexual abuse, or 
an attempt to kill. 
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances described in this subparagraph are that—
‘‘(i) in connection with the offense, the defend-
ant or the victim travels in interstate or foreign 
commerce, uses a facility or instrumentality of inter-
state or foreign commerce, or engages in any activity 
affecting interstate or foreign commerce; or 
‘‘(ii) the offense is in or affects interstate or 
foreign commerce.’’. 
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. 
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall study the issue of adult recruitment of 
juveniles to commit hate crimes and shall, if appropriate,
amend the Federal sentencing guidelines to provide sen-
tencing enhancements (in addition to the sentencing en-
hancement provided for the use of a minor during the 
commission of an offense) for adult defendants who recruit 
juveniles to assist in the commission of hate crimes. 
(b) CONSISTENCY WITH OTHER GUIDELINES.—In 
carrying out this section, the United States Sentencing 
Commission shall—
(1) ensure that there is reasonable consistency 
with other Federal sentencing guidelines; and 
(2) avoid duplicative punishments for substan-
tially the same offense. 
SEC. 6. GRANT PROGRAM. 
(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator of the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice shall make 
grants, in accordance with such regulations as the Attor-
ney General may prescribe, to State and local programs 
designed to combat hate crimes committed by juveniles. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 
ASSIST STATE AND LOCAL LAW ENFORCE-
MENT. 
There are authorized to be appropriated to the De-
partment of the Treasury and the Department of Justice, 
including the Community Relations Service, for fiscal 
years 1998, 1999, and 2000 such sums as are necessary 
to increase the number of personnel to prevent and re-
spond to alleged violations of section 245 of title 18, 
United States Code (as amended by this Act).
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