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This bill provides Federal assistance to prosecute hate crimes. It is also referred to as the
Matthew Shepard Hate Crimes Prevention Act.

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FINDINGS, by Congress
Congress has determined that hate crime violence is a serious national problem.

It divides communities, and threatens peace and safety.

State and local authorities continue to prosecute the majority of violent crimes in the US,
including hate crimes. They need Federal help.

Existing Federal law doesnt address this problem well.

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Hate crimes hurt the victim, and the victims representative community.

It also hurts business between states. Some examples are:

(A) Members of targeted groups are forced to move across State lines to
avoid abuse.

(B) They arent allowed to buy goods and services. They cant find
employment, or take part in business.

(C) Someone committing hate crimes will cross State lines to do so.

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(D) The person(s) will use a variety of methods to commit a hate crime,
even involving businesses across State lines.

(E) Hate crimes are committed using items purchased between States.

For generations, race, color and ancestry have been the targets of slavery. Even after the
government put an end to slavery, widespread public and private violence was tolerated.
Therefore, putting a stop to hate crimes is important to end the remainders of slavery.

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When the 13th, 14th, and 15th, amendments were written into the Constitution, members
of certain religious and nationalities were also considered races.

So now, in order to get rid of the rest of the associations with slavery, we also need to
prevent hate crimes against people from religious groups or national origins that were
included in the definition of race at that time.

By bringing hate crimes under Federal authority, the Federal, State, and local authorities
can work together to prosecute.

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Hate crimes are serious, and cross State lines. This justifies bringing in Federal assistance
to State and local authorities, and Indian tribes.

HATE CRIME DEFINITION, in this Act


According to US Code [see below] violent crime is the threat or use of physical force against
another person or property; or any felony that risks physical violence against someone.
Title 18 UNITED STATES CODE Section16
The term "crime of violence" means (a) a crime that uses, attempts to use, or
threatens to use physical force against the person or property of another; or (b) any
felony that by its nature involves a substantial risk that physical force against the
person or property of another may be used in committing the crime.

The definition for hate crime is found in the Violent Crime Control and Law
Enforcement Act of 1994 [below].
VCCLE Act Section 280003(a) =
Hate crime' means a crime where the defendant intentionally selects a victim, or in
the case of a property crime, the property, because of the actual or perceived race,
color, religion, national origin, ethnicity, gender, disability, or sexual orientation of
any person.

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ASSISTANCE OTHER THAN FINANCIAL


The Attorney General can provide more than financial assistance in the investigation of:

(A) Violent crimes


(B) Felonies
(C) Hate crimes

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PRIORITY
The Attorney General will give priority to multi-state offenders and rural areas that dont
have the budget to prosecute.

GRANTS, In General
The Attorney General can award money to State, local and tribal law enforcement
agencies to help with costly prosecution of hate crimes.

OFFICE OF JUSTICE PROGRAMS


The Office of Justice Programs will implement this program, and work closely to ensure
the needs of all those affected are addressed.

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APPLICATION, In General
Each State, local, and tribal law enforcement agency that needs it will submit an
application to the Attorney General.

DATE FOR SUBMISSION


The request must be submitted within 60 days of the date chosen by the Attorney
General.

REQUIREMENTS
When applying, the agency must:

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Describe the event that created the need for assistance.


Certify the State or local agency or Indian tribe doesnt have the resources
to prosecute the crime.

Prove a non-profit, non-governmental victim services program was


consulted to determine needs

Certify that this Federal money wont be used in place of money already
available for this purpose. These funds will be added to that amount.

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DEADLINE
Approvals will take a maximum of 180 business days from the date the Attorney General
receives it.

GRANT MONEY
The most an agency can receive under this program is $100,000 during a one year period.

REPORT
By December 31, 2010, the Attorney General will submit a report to Congress describing:
1) The applications received
2) What amounts were given
3) The purpose for giving the money

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AUTHORIZATION
In order to carry this out, $5,000,000 is set aside specifically for this purpose for year
2010, and again for 2011.

GRANT PROGRAM, Authority to Award Grants


The Office of Justice Programs can now award grants as directed by the Attorney General.
It will go to State, local or tribal programs designed to train officers in preventing hate
crimes, including those committed by juveniles.

Authority is given to distribute these funds as needed to accomplish this.

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ADDITIONAL MONEY TO HIRE STAFF


The DOJ will receive money in 2010, 2011, and 2012 to hire employees to respond and
prevent hate crimes.

BAN OF SPECIFIC HATE CRIMES, In General


Chapter 13 of title 18, USC has been revised by adding the following:

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249 Hate crime Acts


In General:
CRIMES INVOLVING RACE, COLOR, RELIGION, NATIONAL ORIGIN
Anyone including someone in law enforcement who intentionally physically hurts
someone with fire, a firearm, a dangerous weapon, or an explosive or flammable device,
based on real or perceived race, color, religion or national origin -

(A) will face a maximum of 10 years, fines, or both; and -

(B) will be put in prison for years or for life, fined, or both, if

(i)
(ii)

death results; or
the crime includes kidnapping, aggravated sexual abuse, or
attempted murder

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CRIMES BASED ON REAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL


ORIENTATION, GENDER IDENTITY, OR DISABILITY, In General
(A) Someone who intentionally physically hurts another with fire, a firearm, a
dangerous weapon, or an explosive or flammable device regardless if in law
enforcement based on religion or perceived religion, national origin, gender,
sexual orientation, gender identity or disability of any person

(i)

will face a maximum of 10 years, fines, or both; and

(ii)

will be put in prison for years or life, fined, or both; if

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(I)

death occurs; or

(II)

the crime includes kidnapping, aggravated sexual


abuse , or attempted murder.

(B) The circumstances surrounding the crime as described in (A) are

(i)

if the incident occurs while either the defendant or the victim


travels
(I)

across a State line or national border; or

(II)

involves commerce between States or countries;

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(ii)

If the defendant uses anything involving business between States or


countries as described in (A);

(iii)

If the defendant transports a firearm, dangerous weapon, explosive


or flammable device or other weapon across State lines or countries
in an act described in (A); or

(iv)

If the behavior described in A -

(I)

prevents the victim from buying or selling something, or any


other financial activity; or

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(II)

involves business across State lines or countries in any way.

CRIMES ON WATER OR US TERRITORIES. Whoever commits a crime described in


paragraph (1) or (2) on US waters or territory, will face the same penalties described in
those sections.

CERTIFICATION REQUIREMENT
In general, no prosecution will take place unless the Attorney General, or his designated
representative, certifies that

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(A) the State doesnt have the authority to prosecute;


(B) the State has asked the Federal Government to step in and prosecute;
(C) the States penalties dont support the Federal Governments interest
in ridding the country of hate crimes; or
(D) prosecution by the US is crucial to secure substantial justice

RULE OF CONSTRUCTION
Nothing in this subsection is meant to limit the authority of Federal officers, or a Federal
grand jury to investigate violations.

DEFINITIONS
The term, bodily injury means the same here as defined in section 1365(h)(4) [below].
This statute defines "bodily injury" to include conditions with no physical component,
such as the "impairment of a . . . mental faculty."

The difference in this bill is that the definition does not include incidents where only
emotional or psychological damage occurs to the victim;

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The term explosive or incendiary device is defined in section 232 of title 18 [below];
TITLE 18 UNITED STATES CODE Section 232 =
The term explosive or incendiary device means (A) dynamite
and all other forms of high explosives, (B) any explosive bomb,
grenade, missile, or similar device, and (C) any incendiary bomb or
grenade, fire bomb, or similar device, including any device which
(i) consists of or includes a breakable container including a
flammable liquid or compound, and a wick composed of any material
which, when ignited, is capable of igniting such flammable liquid
or compound, and (ii) can be carried or thrown by one individual
acting alone.

Firearm means the same here as in Title 18, section 921(a) [below]:
(A) any weapon (including a starter gun) which is designed to be converted to
fire by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device, not including an antique firearm

When the term gender identity, is used here, it means real or perceived gender-related
characteristics.
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THIS TITLE IS AMENDED


A new section, Section 249 - Hate crime acts, is added to Chapter 13 of Title 18 United
States Code. [Chapter 13 defines crimes involving civil rights.]

The Hate Crimes Statistics Act will now include the words gender and gender identity,
after the word race.

The Hate Crime Statistics Act now also includes the words:
including data about crimes committed by, and crimes directed against, juveniles,
after the words:
data acquired under this section.
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If anything in this Act proves to be unconstitutional, it doesnt affect the rest of the Act.

In order to interpret and put this Act into effect the following applies:

RELEVANT EVIDENCE
Courts can consider speech, beliefs, or expressions, as evidence so long as its offered to
prove a part of the crime charged, or falls under Federal Rules of Evidence. Nothing here
is meant to change the existing rules of evidence.

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VIOLENT ACTS
This Act applies to violent acts involving a victims real or perceived:

Race
Color
Religion
National origin
Gender
Sexual Orientation
Gender Identity
Disability

CONSTITUTIONAL RIGHTS
Nothing here prohibits free speech, freedom of expression, activities, or religion as
protected by the First Amendment, or peaceful picketing or demonstration.

The Constitution doesnt protect these freedoms if they involve an act of violence.

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FREE EXPRESSION
Nothing here means someone will be prosecuted based solely upon expression of a
racial, religious, political, or other belief, or membership in a group holding these beliefs.

END

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