Local Law Enforcement Hate Crimes Prevention Act of 2009

Bill: 111-hr-1913
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2009-04-02 in the House
Policy area: Crime and Law Enforcement
Subjects: Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Department of Justice
Evidence and witnesses
Executive agency funding and structure
Federal-Indian relations
Firearms and explosives
First Amendment rights
Hate crimes
Intergovernmental relations
Juvenile crime and gang violence
Law enforcement administration and funding
Racial and ethnic relations
Religion
Sex, gender, sexual orientation discrimination
State and local government operations
Violent crime

Summary:
action_date: 2009-04-02
text: Local Law Enforcement Hate Crimes Prevention Act of 2009 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state, local, or Indian tribal law; and (2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the state, local, or tribal hate crime laws. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. 
Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement agencies with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state and local programs designed to combat hate crimes committed by juveniles. 
 
Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. 
Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include: (1) crimes manifesting prejudice based on gender and gender identity; and (2) hate crimes committed by and against juveniles. 
Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.
action_date: 2009-04-27
text: 
Local Law Enforcement Hate Crimes Prevention Act of 2009 - (Sec. 2) Adopts the definition of &quot;hate crime&quot; as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).
 
(Sec. 3) Authorizes the Attorney General, at the request of a state, local, or tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of a violent crime, a hate crime, or a crime that constitutes a felony under state, local, or tribal law. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. 
 
 
Authorizes the Attorney General to award grants to state, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Office of Justice Programs of the Department of Justice (DOJ) to work with grantees to address the needs and concerns of all affected parties in implementing grants. Sets forth requirements governing the submission and approval of grant applications. Limits the amount of any grant to $100,000 for any single jurisdiction in any one-year period.
 
Requires the Attorney General to report to Congress by December 31, 2011, on the grant program. Authorizes appropriations for FY2010-FY2011.
 
(Sec. 4) Authorizes the Office of Justice Programs to award grants to combat hate crimes committed by juveniles. Authorizes appropriations. 
 
(Sec. 5) Authorizes appropriations for FY2010-FY2012 to increase DOJ personnel to assist state, local, and tribal law enforcement agencies in combating hate crimes. 
 
(Sec. 6) Amends the federal criminal code to prohibit intentionally inflicting bodily harm on any person through the use of fire, a firearm, or an explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Requires the Attorney General or other designated DOJ official to certify certain findings before initiating a prosecution for a hate crime. Prohibits the admission of evidence as substantive evidence in a hate crime prosecution of the expression or associations of a defendant unless the evidence specifically relates to the hate crime offense. 
 
(Sec. 8) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.

action_date: 2009-04-29
text: 
Local Law Enforcement Hate Crimes Prevention Act of 2009 - (Sec. 2) Adopts the definition of &quot;hate crime&quot; as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).
 
(Sec. 3) Authorizes the Attorney General, at the request of a state, local, or tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of a violent crime, a hate crime, or a crime that constitutes a felony under state, local, or tribal law. Directs the Attorney General, in providing such assistance, to give priority to cases involving crimes committed in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses. 
 
 
Authorizes the Attorney General to award grants to state, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Office of Justice Programs of the Department of Justice (DOJ) to work with grantees to address the needs and concerns of all affected parties in implementing grants. Sets forth requirements governing the submission and approval of grant applications. Limits the amount of any grant to $100,000 for any single jurisdiction in any one-year period. 
 
Requires the Attorney General to: (1) approve or deny a grant application within 180 days after receipt of such application; and (2) report to Congress by December 31, 2011, on the grant program. 
 
Authorizes appropriations for FY2010-FY2011.
 
(Sec. 4) Authorizes the Office of Justice Programs to award grants to combat hate crimes committed by juveniles. Authorizes appropriations. 
 
(Sec. 5) Authorizes appropriations for FY2010-FY2012 to increase DOJ personnel to assist state, local, and tribal law enforcement agencies in combating hate crimes. 
 
(Sec. 6) Amends the federal criminal code to prohibit willfully causing bodily injury to any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Imposes a fine and/or prison term of up to 10 years for violations and a life term if a death results from a violation or certain other violent crimes are involved. Requires the Attorney General or other designated DOJ official to certify certain findings before initiating a prosecution for a hate crime. Sets a seven-year statute of limitations on prosecuting such an offense not resulting in death. Prohibits the admission of evidence as substantive evidence in a hate crime prosecution of the expression or associations of a defendant unless the evidence specifically relates to the hate crime offense. 
 
(Sec. 7) Provides that any provision of this Act that is held to be unconstitutional shall be severable from the remaining provisions of this Act. 
 
(Sec. 8) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.


Legislative actions:
action_date: 2009-04-30
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2009-04-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-04-29
text: On passage Passed by recorded vote: 249 - 175 (Roll no. 223).
action_date: 2009-04-29
text: Passed/agreed to in House: On passage Passed by recorded vote: 249 - 175 (Roll no. 223).
action_date: 2009-04-29
text: On motion to recommit with instructions Failed by the Yeas and Nays: 185 - 241 (Roll no. 222).
action_date: 2009-04-29
text: DEBATE - The House proceeded with 10 minutes of debate on the Gohmert motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with amendments that expand the punishments outlined in the bill to include the death penalty. The amendments also seek to expand the applicability requirements to include age, status as a current or former member of the Armed Forces, or status as a law enforcement officer beyond what is currently contained in the bill.
action_date: 2009-04-29
text: Mr. Gohmert moved to recommit with instructions to Judiciary. (consideration: CR H4956-4958; text: CR H4956)
action_date: 2009-04-29
text: The previous question was ordered pursuant to the rule. (consideration: CR H4956)
action_date: 2009-04-29
text: DEBATE - The House proceeded with one hour and twenty minutes of debate on H.R. 1913.
action_date: 2009-04-29
text: Rule provides for consideration of H.R. 1913 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, modified by the amendment printed in this report, shall be considered as adopted and the bill, as amended, shall be considered as read.
action_date: 2009-04-29
text: Considered under the provisions of rule H. Res. 372. (consideration: CR H4940-4958)
action_date: 2009-04-29
text: Rule H. Res. 372 passed House.
action_date: 2009-04-28
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 111-86, Part II.
action_date: 2009-04-28
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 111-86, Part II.
action_date: 2009-04-28
text: Rules Committee Resolution H. Res. 372 Reported to House. Rule provides for consideration of H.R. 1913 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, modified by the amendment printed in this report, shall be considered as adopted and the bill, as amended, shall be considered as read.
action_date: 2009-04-27
text: Placed on the Union Calendar, Calendar No. 40.
action_date: 2009-04-27
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-86.
action_date: 2009-04-27
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-86.
action_date: 2009-04-23
text: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 12.
action_date: 2009-04-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-04-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-04-02
text: Referred to the House Committee on the Judiciary.
action_date: 2009-04-02
text: Sponsor introductory remarks on measure. (CR E878-879)
action_date: 2009-04-02
text: Introduced in House
action_date: 2009-04-02
text: Introduced in House