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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Local Law Enforcement Hate Crimes
Prevention Act of 2007''.

SEC. 2. DEFINITION OF HATE CRIME.

In this Act--
(1) the term ''crime of violence'' has the meaning 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. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.

(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(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 identity, 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 priority 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 enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing 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
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 application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning 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 purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
and Indian law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
violence recovery service programs that have
experience in providing services to victims of
hate crimes; and
(iv) certify that any Federal funds
received 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 subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such 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 2008 and 2009.

SEC. 4. 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 enforcement 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. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department of
Justice, including the Community Relations Service, for fiscal years
2008, 2009, and 2010 such sums as are necessary to increase the number
of personnel to prevent and respond to alleged violations of section
249 of title 18, United States Code, as added by section 7 of this Act.

SEC. 6. 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 following:
''Sec. 249. Hate crime acts
''(a) In General.--
''(1) Offenses involving actual or perceived race, color,
religion, or national origin.--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
''(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 perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
''(A) In general.--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 or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, gender identity or disability 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--
''(I) death results from the
offense; or
''(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.
''(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
''(i) the conduct described in subparagraph
(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
national border; or
''(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
''(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
''(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
''(iv) the conduct described in
subparagraph (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 prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
''(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
''(2) such certifying individual has consulted with State
or local law enforcement officials regarding 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 Federal
Government assume jurisdiction;
''(C) the State does not object to the Federal
Government assuming jurisdiction; or
''(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
''(c) Definitions.--In this section--
''(1) the term 'explosive or incendiary device' has the
meaning given such term in section 232 of this title;
''(2) the term 'firearm' has the meaning given such term in
section 921(a) of this title; and
''(3) the term 'gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
''(d) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive 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. 7. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, 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 thereby.

SEC. 8. 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 protected by the free speech or free
exercise clauses of, the First Amendment to the Constitution.

Passed the House of Representatives May 3, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.
Output:
Local Law Enforcement Hate Crimes Prevention Act of 2007 - (Sec. 3) Defines "hate crime" as a violent act causing death or bodily injury because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim.

(Sec. 4) 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 any crime that: (1) constitutes a crime of violence; (2) constitutes a felony under state, local, or Tribal laws; and (3) 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. Requires 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 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 Department of Justice Office of Justice Programs to work closely with grant recipients to ensure that the concerns and needs of all affected parties under the grant program are addressed.

Sets forth requirements and deadlines for grant applications. Limits grant amounts to $100,000 for any single jurisdiction in any one-year period.

Requires the Attorney General to submit a report to Congress on the grant program by December 31, 2008.

Authorizes appropriations for FY2008-FY2009.

(Sec. 5) Authorizes the Office of Justice Programs to award grants to state, local, or Tribal programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.

(Sec. 6) Authorizes appropriations for FY2008-FY2010 for additional personnel to prevent and respond to hate crime violations.

(Sec. 7) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years on any person who willfully causes bodily injury to any person, or who, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily harm to any person, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.

Requires certification by the Attorney General or other Department of Justice official of certain findings relating to an alleged hate crime prior to initiating a prosecution for such crime.

Excludes evidence of expression or association of a defendant in a hate crime prosecution at trial, unless such evidence specifically relates to the offense being prosecuted.

(Sec. 8) Provides that nothing in this Act shall be construed to prohibit expressive conduct or activities protected by the First Amendment.