‘‘(ii) the offense includes kidnaping or 
an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated 
sexual abuse, or an attempt to kill. 
‘‘(2) OFFENSES INVOLVING ACTUAL OR PER-
CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX-
UAL
ORIENTATION, GENDER
IDENTITY, OR
DIS-
ABILITY.— 
‘‘(A) IN GENERAL.—Whoever, whether or 
not acting under color of law, in any cir-
cumstance described in subparagraph (B), will-
fully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explo-
sive or incendiary device, attempts to cause 
bodily injury to any person, because of the ac-
tual or perceived religion, national origin, gen-
der, sexual orientation, gender identity, or dis-
ability of any person— 
‘‘(i) shall be imprisoned not more 
than 10 years, fined in accordance with 
this title, or both; and 
‘‘(ii) shall be imprisoned for any term 
of years or for life, fined in accordance 
with this title, or both, if— 
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS
‘‘(I) death results from the of-
fense; or 
‘‘(II) the offense includes kid-
naping or an attempt to kidnap, ag-
gravated sexual abuse or an attempt 
to commit aggravated sexual abuse, or 
an attempt to kill. 
‘‘(B) CIRCUMSTANCES
DESCRIBED.—For 
purposes 
of 
subparagraph 
(A), 
the 
cir-
cumstances described in this subparagraph are 
that— 
‘‘(i) the conduct described in subpara-
graph (A) occurs during the course of, or 
as the result of, the travel of the defendant 
or the victim— 
‘‘(I) across a State line or na-
tional border; or 
‘‘(II) using a channel, facility, or 
instrumentality of interstate or for-
eign commerce; 
‘‘(ii) the defendant uses a channel, fa-
cility, or instrumentality of interstate or 
foreign commerce in connection with the 
conduct described in subparagraph (A); 
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS
‘‘(iii) in connection with the conduct 
described in subparagraph (A), the defend-
ant employs a firearm, explosive or incen-
diary device, or other weapon that has 
traveled in interstate or foreign commerce; 
or 
‘‘(iv) the conduct described in sub-
paragraph (A)— 
‘‘(I) interferes with commercial 
or other economic activity in which 
the victim is engaged at the time of 
the conduct; or 
‘‘(II) otherwise affects interstate 
or foreign commerce. 
‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu-
tion of any offense described in this subsection may be 
undertaken by the United States, except under the certifi-
cation in writing of the Attorney General, the Deputy At-
torney General, the Associate Attorney General, or any 
Assistant Attorney General specially designated by the At-
torney General that— 
‘‘(1) such certifying individual has reasonable 
cause to believe that the actual or perceived race, 
color, religion, national origin, gender, sexual ori-
entation, gender identity, or disability of any person 
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS
was a motivating factor underlying the alleged con-
duct of the defendant; and 
‘‘(2) such certifying individual has consulted 
with State or local law enforcement officials regard-
ing the prosecution and determined that— 
‘‘(A) the State does not have jurisdiction 
or does not intend to exercise jurisdiction; 
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction; 
‘‘(C) the State does not object to the Fed-
eral Government assuming jurisdiction; or 
‘‘(D) the verdict or sentence obtained pur-
suant to State charges left demonstratively 
unvindicated the Federal interest in eradicating 
bias-motivated violence. 
‘‘(c) DEFINITIONS.— 
‘‘(1) In this section— 
‘‘(A) the term ‘explosive or incendiary de-
vice’ has the meaning given such term in sec-
tion 232 of this title; and 
‘‘(B) the term ‘firearm’ has the meaning 
given such term in section 921(a) of this title. 
‘‘(2) For the purposes of this chapter, the term 
‘gender identity’ means actual or perceived gender- 
related characteristics. 
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS
‘‘(d) RULE OF EVIDENCE.—In a prosecution for an 
offense under this section, evidence of expression or asso-
ciations of the defendant may not be introduced as sub-
stantive evidence at trial, unless the evidence specifically 
relates to that offense. However, nothing in this section 
affects the rules of evidence governing impeachment of a 
witness.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 13 of 
title 18, United States Code, is amended by adding at the 
end the following new item: 
‘‘249. Hate crime acts.’’. 
SEC. 8. STATISTICS. 
(a) IN GENERAL.—Subsection (b)(1) of the first sec-
tion of the Hate Crimes Statistics Act (28 U.S.C. 534 
note) is amended by inserting ‘‘gender and gender iden-
tity,’’ after ‘‘race,’’. 
(b) DATA.—Subsection (b)(5) of the first section of 
the Hate Crimes Statistics Act (28 U.S.C. 534 note) is 
amended by inserting ‘‘, including data about crimes com-
mitted by, and crimes directed against, juveniles’’ after 
‘‘data acquired under this section’’. 
SEC. 9. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such 
to any person or circumstance shall not be affected there-
by. 
SEC. 10. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to prohibit any expressive conduct 
protected from legal prohibition by, or any activities pro-
tected by the free speech or free exercise clauses of, the 
First Amendment to the Constitution. 
Æ 
VerDate Nov 24 2008 
00:01 Apr 08, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H1913.IH
H1913
rfrederick on PROD1PC67 with BILLS