I 
111TH CONGRESS 
1ST SESSION H. R. 1913 
To provide Federal assistance to States, local jurisdictions, and Indian tribes 
to prosecute hate crimes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Mr. CONYERS (for himself, Mr. FRANK of Massachusetts, Mr. ABERCROMBIE, 
Mr. ACKERMAN, Ms. BALDWIN, Ms. BERKLEY, Mr. BERMAN, Mrs. 
BIGGERT, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mrs. BONO MACK, 
Mr. BRALEY of Iowa, Ms. CORRINE BROWN of Florida, Mr. CAO, Mrs. 
CAPPS, Mr. CASTLE, Ms. CASTOR of Florida, Mr. CLAY, Mr. CUMMINGS, 
Mr. DELAHUNT, Mr. DRIEHAUS, Mr. GENE GREEN of Texas, Mr. 
ISRAEL, Ms. KILROY, Mr. KIRK, Mr. KUCINICH, Mr. LANCE, Mrs. 
MALONEY, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MOORE of Kansas, Mr. 
MORAN of Virginia, Mr. NADLER of New York, Mr. OLVER, Mr. PETERS, 
Mr. POLIS of Colorado, Ms. ROS-LEHTINEN, Mr. SERRANO, Ms. SLAUGH-
TER, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATSON, and Ms. 
WOOLSEY) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To provide Federal assistance to States, local jurisdictions, 
and Indian tribes to prosecute 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Local Law Enforce-
ment Hate Crimes Prevention Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The incidence of violence motivated by the 
actual or perceived race, color, religion, national ori-
gin, gender, sexual orientation, gender identity, or 
disability of the victim poses a serious national prob-
lem. 
(2) Such violence disrupts the tranquility and 
safety of communities and is deeply divisive. 
(3) State and local authorities are now and will 
continue to be responsible for prosecuting the over-
whelming majority of violent crimes in the United 
States, including violent crimes motivated by bias. 
These authorities can carry out their responsibilities 
more effectively with greater Federal assistance. 
(4) Existing Federal law is inadequate to ad-
dress this problem. 
(5) A prominent characteristic of a violent 
crime motivated by bias is that it devastates not just 
the actual victim and the family and friends of the 
victim, but frequently savages the community shar-
ing the traits that caused the victim to be selected. 
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(6) Such violence substantially affects interstate 
commerce in many ways, including the following: 
(A) The movement of members of targeted 
groups is impeded, and members of such groups 
are forced to move across State lines to escape 
the incidence or risk of such violence. 
(B) Members of targeted groups are pre-
vented from purchasing goods and services, ob-
taining or sustaining employment, or partici-
pating in other commercial activity. 
(C) Perpetrators cross State lines to com-
mit such violence. 
(D) Channels, facilities, and instrumental-
ities of interstate commerce are used to facili-
tate the commission of such violence. 
(E) Such violence is committed using arti-
cles that have traveled in interstate commerce. 
(7) For generations, the institutions of slavery 
and involuntary servitude were defined by the race, 
color, and ancestry of those held in bondage. Slavery 
and involuntary servitude were enforced, both prior 
to and after the adoption of the 13th amendment to 
the Constitution of the United States, through wide-
spread public and private violence directed at per-
sons because of their race, color, or ancestry, or per-
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ceived race, color, or ancestry. Accordingly, elimi-
nating racially motivated violence is an important 
means of eliminating, to the extent possible, the 
badges, incidents, and relics of slavery and involun-
tary servitude. 
(8) Both at the time when the 13th, 14th, and 
15th amendments to the Constitution of the United 
States were adopted, and continuing to date, mem-
bers of certain religious and national origin groups 
were and are perceived to be distinct ‘‘races’’. Thus, 
in order to eliminate, to the extent possible, the 
badges, incidents, and relics of slavery, it is nec-
essary to prohibit assaults on the basis of real or 
perceived religions or national origins, at least to the 
extent such religions or national origins were re-
garded as races at the time of the adoption of the 
13th, 14th, and 15th amendments to the Constitu-
tion of the United States. 
(9) Federal jurisdiction over certain violent 
crimes motivated by bias enables Federal, State, and 
local authorities to work together as partners in the 
investigation and prosecution of such crimes. 
(10) The problem of crimes motivated by bias 
is sufficiently serious, widespread, and interstate in 
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nature as to warrant Federal assistance to States, 
local jurisdictions, and Indian tribes. 
SEC. 3. DEFINITION OF HATE CRIME. 
In this Act— 
(1) the term ‘‘crime of violence’’ has the mean-
ing given that term in section 16, title 18, United 
States Code; 
(2) the term ‘‘hate crime’’ has the meaning 
given such term in section 280003(a) of the Violent 
Crime Control and Law Enforcement Act of 1994 
(28 U.S.C. 994 note); and 
(3) the term ‘‘local’’ means a county, city, town, 
township, parish, village, or other general purpose 
political subdivision of a State. 
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
PROSECUTIONS BY STATE, LOCAL, AND TRIB-
AL LAW ENFORCEMENT OFFICIALS. 
(a) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.— 
(1) IN GENERAL.—At the request of a State, 
local, or Tribal law enforcement agency, the Attor-
ney General may provide technical, forensic, prosecu-
torial, or any other form of assistance in the crimi-
nal investigation or prosecution of any crime that— 
(A) constitutes a crime of violence; 
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(B) constitutes a felony under the State, 
local, or Tribal laws; and 
(C) is motivated by prejudice based on the 
actual or perceived race, color, religion, national 
origin, gender, sexual orientation, gender iden-
tity, or disability of the victim, or is a violation 
of the State, local, or Tribal hate crime laws. 
(2) PRIORITY.—In providing assistance under 
paragraph (1), the Attorney General shall give pri-
ority to crimes committed by offenders who have 
committed crimes in more than one State and to 
rural jurisdictions that have difficulty covering the 
extraordinary expenses relating to the investigation 
or prosecution of the crime. 
(b) GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
award grants to State, local, and Indian law enforce-
ment agencies for extraordinary expenses associated 
with the investigation and prosecution of hate 
crimes. 
(2) OFFICE OF JUSTICE PROGRAMS.—In imple-
menting the grant program under this subsection, 
the Office of Justice Programs shall work closely 
with grantees to ensure that the concerns and needs 
of all affected parties, including community groups 
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and schools, colleges, and universities, are addressed 
through the local infrastructure developed under the 
grants. 
(3) APPLICATION.— 
(A) IN GENERAL.—Each State, local, and 
Indian law enforcement agency that desires a 
grant under this subsection shall submit an ap-
plication to the Attorney General at such time, 
in such manner, and accompanied by or con-
taining such information as the Attorney Gen-
eral shall reasonably require. 
(B) DATE FOR SUBMISSION.—Applications 
submitted pursuant to subparagraph (A) shall 
be submitted during the 60-day period begin-
ning on a date that the Attorney General shall 
prescribe. 
(C) REQUIREMENTS.—A State, local, and 
Indian law enforcement agency applying for a 
grant under this subsection shall— 
(i) describe the extraordinary pur-
poses for which the grant is needed; 
(ii) certify that the State, local gov-
ernment, or Indian tribe lacks the re-
sources necessary to investigate or pros-
ecute the hate crime; 
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(iii) demonstrate that, in developing a 
plan to implement the grant, the State, 
local, and Indian law enforcement agency 
has consulted and coordinated with non-
profit, nongovernmental violence recovery 
service programs that have experience in 
providing services to victims of hate 
crimes; and 
(iv) certify that any Federal funds re-
ceived under this subsection will be used to 
supplement, not supplant, non-Federal 
funds that would otherwise be available for 
activities funded under this subsection. 
(4) DEADLINE.—An application for a grant 
under this subsection shall be approved or denied by 
the Attorney General not later than 30 business 
days after the date on which the Attorney General 
receives the application. 
(5) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000 for any single ju-
risdiction in any 1-year period. 
(6) REPORT.—Not later than December 31, 
2011, the Attorney General shall submit to Congress 
a report describing the applications submitted for 
grants under this subsection, the award of such 
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grants, and the purposes for which the grant 
amounts were expended. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $5,000,000 for each of fiscal years 
2010 and 2011. 
SEC. 5. GRANT PROGRAM. 
(a) AUTHORITY TO AWARD GRANTS.—The Office of 
Justice Programs of the Department of Justice may 
award grants, in accordance with such regulations as the 
Attorney General may prescribe, to State, local, or Tribal 
programs designed to combat hate crimes committed by 
juveniles, including programs to train local law enforce-
ment officers in identifying, investigating, prosecuting, 
and preventing hate crimes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 
ASSIST STATE, LOCAL, AND TRIBAL LAW EN-
FORCEMENT. 
There are authorized to be appropriated to the De-
partment of Justice, including the Community Relations 
Service, for fiscal years 2010, 2011, and 2012, such sums 
as are necessary to increase the number of personnel to 
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prevent and respond to alleged violations of section 249 
of title 18, United States Code, as added by section 7 of 
this Act. 
SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 249. Hate crime acts 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSES INVOLVING ACTUAL OR PER-
CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI-
GIN.—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 or 
incendiary 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, fined in accordance with this title, or 
both; and 
‘‘(B) shall be imprisoned for any term of 
years or for life, fined in accordance with this 
title, or both, if— 
‘‘(i) death results from the offense; or 
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