Hate Crimes pose a serious national problem. Violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim disrupts the tranquility and safety of communities and is deeply divisive.

State and local authorities are responsible for prosecuting the overwhelming 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. Existing Federal law is inadequate to address this problem.

The 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 sharing the traits that caused the victim to be selected. Such violence substantially affects interstate commerce as it impedes the movement of members of targeted groups, forcing them to move across State lines to escape the incidence or risk of hate violence. These violent crimes succeed in preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

Perpetrators often cross State lines to commit such violence. Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. Such violence is often committed using articles that have traveled in interstate commerce.

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 widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry.

Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

Both at the time when the 13th, 14th, and 15th Amendments to the Constitution of the United States were adopted, and continuing today, members 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 necessary 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 regarded as races at the time of the adoption of the 13th, 14th, and 15th Amendments to the Constitution of the United States.

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. The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions.

The Local Law Enforcement Enhancement Act (S 966)
Senator Ted Kennedy has taken the lead to bring forth the Local Law Enforcement Enhancement Act of 2003 (S 966). An impressive bi-partisan group of 48 other Senators joins him on this bill. Introduced on May 1, 2003, it was referred to the Committee on the Judiciary. This legislation is to address the continuing concern regarding hate crimes.

It would extend hate crime protections to cover gender, sexual orientation, and disability and strengthen current federal hate crimes law against crimes motivated by a person’s race, religion, or national origin. “By recognizing hate crimes motivated by the victim’s sexual orientation, disability, or gender, and strengthening the laws dealing with all hate crimes, Congress will take an important step toward protecting all Americans from senseless violence,” said Wade Henderson, executive director of the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest, and most diverse civil and human rights coalition.

“States can and should continue to play the primary role in the prosecution of hate crime violence, but the federal government must be able to address those cases in which local authorities are either unable or unwilling to investigate and prosecute,” said Henderson.

“Enhanced federal jurisdiction will provide an important complement to state jurisdiction, allowing law enforcement authorities a broad range of options to achieve justice and assist states in investigating and prosecuting their own cases,” said Henderson.

Current hate crime law does not reach many cases where individuals motivated by hate kill or injure others. This bill would strengthen the federal response to hate crimes motivated by race, color, religion, or national origin and extend the law to cover crimes targeting people based on their gender, sexual orientation, or disability.

If it is passed by the Congress and signed by the President, the Local Law Enforcement Enhancement Act (LLEEA) would provide Federal assistance to States and local jurisdictions to prosecute hate crimes.

The Bill’s Definition of a Hate Crime
S 966 describes offenses involving actual or perceived race, color, religion, or national origin and whoever—whether or not acting under color of law—willfully causes bodily injury to any person. This would be through the use of fire, a firearm, or an explosive or incendiary device. Offenses involving actual or perceived, gender, sexual orientation, or disability would be treated in the same way.

At the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or other form of assistance in the criminal investigation or prosecution of any crime that constitutes a crime of violence or a felony under the laws of the State or Indian tribe, and is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim. In providing assistance, 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.

In implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions 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.

A State or political subdivision of a State or tribal official applying for assistance, shall describe the extraordinary purposes for which the grant is needed and certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute. There must also be evidence to demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes and certify that any Federal funds will be used to supplement, not supplant, non-Federal funds that would otherwise be available. A grant shall not exceed $100,000 for any single jurisdiction within a one-year period. Congress will need to authorize and appropriate the funds to carry out this program; $5,000,000 for each of FY 2004 and 2005.

Grant Programs
The Office of Justice Programs of the Department of Justice will award grants, to State and local programs, designed to combat hate crimes committed by juveniles. If this bill passes the Congress, included would be programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. This bill also calls for the authorization and appropriation of funds to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for FY 2004, 2005, and 2006 – such sums as are necessary to increase the number of personnel to prevent and respond to alleged hate crime violations.

Prohibitions and Penalties
Attempts to cause bodily injury to any person, based on the race, color, religion, or national origin of any person will be cause for the violator to be imprisoned and/or fined. Perpetrators shall be imprisoned for any term or fined if death results from the offense, or includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt at aggravated sexual abuse, or an attempt to kill.

The individual who has to defend himself against a charge of carrying out a hate crime that occurs across a State line or national border, or uses a channel, facility, or instrumentality of interstate or foreign commerce would be subject to the impact of this bills intent. If the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce will also be part of the charges. No prosecution of any offense described may be undertaken by the U.S., except under the written certification of the Attorney General, or any Assistant Attorney General specially designated by the Attorney General.

Federal Sentencing Commission
The U.S. Sentencing Commission will study the issue of adult recruitment of juveniles to commit hate crimes and could amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in hate crimes. In sentencing the U.S. Sentencing Commission will:

1. ensure that there is reasonable consistency with other Federal sentencing guidelines; and
2. avoid duplicative punishments for substantially the same offense.

Suggested Action
Contact your Senator and express your concern for the victims of hate crimes. Ask that special attention be given to those groups that are not covered under current law. They are often new targets of hate, based on their sexual orientation or disability.

WRITE: The Honorable
United States Senate
Washington, D.C. 20510

CALL the Capitol Switch- board at (202) 224-3121; speak to your Senators.

E-MAIL: Go to our Presby Legislative Action Center (PLAC). If there is not an Urgent Alert on this issue, go into PLAC and compose your own and send to your Members.

VISIT your Senators are home in district offices at various times of the year. Get a group together and visit him or her to talk about these concerns.

General Assembly

The 211th General Assembly (1999):

1. Support[s] federal legislation that provides enhanced penalties for violent crimes motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim.

2. Direct[s] the Washington Office of the Presbyterian Church (U.S.A.) to make passage of such legislation a major priority of their advocacy work.

3. Direct[s] the Stated Clerk to communicate with the Washington Office of the National Council of Churches of Christ, calling upon that office to make passage of such legislation a major priority of their advocacy work.

4. Direct[s] the Stated Clerk to communicate with every state-level ecumenical agency doing advocacy work to which the Presbyterian Church (U.S.A.) is related a concern that they work in their state for the passage of such legislation.

5. Call[s] upon governing bodies, congregations, and individuals in states that do not have hate crime legislation to work for the passage of such legislation.

6. Call[s] upon governing bodies, congregations, and individuals in states that have hate crime legislation to work to ensure that it provides protection for people based upon their actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability.

7. Endorse[s] the “200,000 by 2000” campaign that seeks to gather signatures and endorsements of 200,000 American religious leaders calling for enactment of federal hate crimes legislation by the year 2000.

8.Urge[s] pastors and elected officers and staff members of General Assembly, synods, and presbyteries to consider endorsing and signing the “200,000 by 2000” campaign.

9. Direct[s] the General Assembly Mission Council to create a task force of nine persons, which includes members who are victims of race, color, national origin, religion, sexual orientation, gender or disability, to:

a. study causes of violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;

b. identify and make available effective programs and resources that address violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;

c. provide education and training for congregations and governing bodies in the area of preventing violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;

d. help congregations and governing bodies address the root causes of violence against people based on race, color, national origin, religion, sexual orientation, gender or disability and act against specific incidents of such violence in their communities;

e. provide progress reports to the 212th General Assembly (2000) and the 213th General Assembly (2001); and

f. provide a final report to the 214th General Assembly (2002).

10. Direct[s] the Stated Clerk to communicate this action to congregations and governing bodies for study and action. (Minutes, 1999, Part I, pp. 661-2)