Union Calendar No. 135
103D CONGRESS
1ST SESSION
H. R. 1152
[Report No. 103–244]
A BILL
To direct the United States Sentencing Commission
to make sentencing guidelines for Federal crimi-
nal cases that provide sentencing enhancements
for hate crimes.
SEPTEMBER 21, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 135
103D CONGRESS
1ST SESSION
H. R. 1152
[Report No. 103–244]
To direct the United States Sentencing Commission to make sentencing
guidelines for Federal criminal cases that provide sentencing enhance-
ments for hate crimes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1993
Mr. SCHUMER
(for himself, Mr. SENSENBRENNER, Mr. SCHIFF, Mrs.
SCHROEDER, Mr. CONYERS, Mr. SCOTT, Mr. GLICKMAN, Mr. HUGHES,
Mr. BERMAN, Mrs. KENNELLY, Mr. LANTOS, Mr. DEUTSCH, Mr. WAX-
MAN, Mr. HASTINGS, Mr. HINCHEY, Mr. STUDDS, Mr. LAROCCO, Mr.
WILLIAMS, Mr. FROST, Mr. MATSUI, Mr. REYNOLDS, Mr. OWENS, Mr.
APPLEGATE, Mrs. MALONEY, Mr. BARRETT of Wisconsin, Mrs. LOWEY,
Ms. PELOSI, Mr. DIXON, Mr. GUTIERREZ, Mr. MARTINEZ, Mrs. COLLINS
of Illinois, Mr. TUCKER, Mr. PASTOR, Mr. RUSH, Mr. STARK, Mr.
KLEIN, Mrs. MORELLA, Mr. WYDEN, Mr. TORRICELLI, Mr. WYNN, and
Ms. WOOLSEY) introduced the following bill; which was referred to the
Committee on the Judiciary
SEPTEMBER 21, 1993
Additional sponsors: Mr. MAZZOLI, Mrs. MINK, Mr. MINGE, Mr. RANGEL, Mr.
COLEMAN, Mr. MFUME, Mr. GUNDERSON, Mr. MCDERMOTT, Mr.
KOPETSKI, Mr. EVANS, Mr. BEREUTER, Ms. SLAUGHTER, Mr. BECERRA,
Mrs. MEEK, Mr. MENENDEZ, Mr. BLACKWELL, Mr. KILDEE, Ms. FURSE,
Ms. MCKINNEY, Ms. NORTON, Mr. SWETT, Mr. FAZIO, Ms. VELA´ZQUEZ,
Mr. MANTON, Mr. PALLONE, Mr. LAZIO, Mr. MINETA, Mr. JOHNSTON
of Florida, Mr. GILMAN, Mr. SANGMEISTER, Mr. LEVY, Ms. EDDIE BER-
NICE JOHNSON of Texas, Mr. FILNER, Mr. KLUG, and Mr. NADLER
SEPTEMBER 21, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 1, 1993]
A BILL
To direct the United States Sentencing Commission to make
sentencing guidelines for Federal criminal cases that pro-
vide sentencing enhancements for hate crimes.
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 Sentencing
Enhancement Act of 1993’’.
SEC. 2. DIRECTION TO COMMISSION.
(a) IN GENERAL.—Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commis-
sion shall promulgate guidelines or amend existing guide-
lines to provide sentencing enhancements of not less than
3 offense levels for offenses that the finder of fact at trial
determines beyond a reasonable doubt are hate crimes. In
carrying out this section, the United States Sentencing
Commission shall assure reasonable consistency with other
guidelines, avoid duplicative punishments for substantially
the same offense, and take into account any mitigating cir-
cumstances which might justify exceptions.
(b) DEFINITION.—As used in this Act, the term ‘‘hate
crime’’ is a crime in which the defendant intentionally se-
lects a victim, or in the case of a property crime, the prop-
erty which is the object of the crime, because of the actual
or perceived race, color, religion, national origin, ethnicity,
gender, or sexual orientation of any person.