Legislation in Congress
Act to Preserve your own Freedom
THIS Bill HAS NOW PASSED in the U.S. House of Representatives
Are your family values... criminal family values ??
Discrimination against any person claiming to be
Homosexual or TRANSGENDERED
to be a HATE CRIME
The Federal Hate Crimes Bill: Federalizing Criminal Law While Threatening Civil Liberties 9/29/2005
By Robert H. Knight
A free society concerns itself with actions, not beliefs.
The hate crimes bill, an amendment to the Child Safety Act (H.R. 3132), was passed by the U.S. House of Representatives on September 15. Titled
“The Local Law Enforcement Enhancement Act,” the bill is now under review in the U.S. Senate (S. 1145). This bill:
Lays the groundwork for a severe threat to religious freedom.
Expands federal power enormously into cases traditionally handled by the states.
Creates “thought crime,” which has no place in American law.
Violates the concept of equal protection under the law.
Tempts law enforcement agencies into giving some crime victims’ cases more priority than others.
Brings hate crime politics into the schools.
Is unnecessary, given 1) there is no evidence that such cases are not receiving proper prosecution and sentencing, and that
2) hate crimes have been decreasing over the past three years, not increasing.
First, a revealing moment
During the Supreme Court hearings in 2000 on the Boy Scout case, pro-life Rev. Rob Schenck was sitting in the audience next to the Clinton White House liaison for “gay” issues. Thinking the pastor was a fellow liberal, the woman whispered,
“We’re not going to win this case, but that’s okay. Once we get ‘hate crime’ laws on the books, we’re going to go after the Scouts and all the other
bigots.”
THREAT TO RELIGIOUS FREEDOM
Full
Story Here
Nice-Sounding Title
Local Law Enforcement Hate Crimes Prevention Act of 2005
S.1145
(Senate Version)
S.1145
Title: A bill to provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 5/26/2005) Cosponsors (44)
Related Bills: H.R.2662
Latest Major Action: 5/26/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
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All Bill Summary & Status Info (not bill text/subjects)
Titles
Bill Status (links to Cong. Record pages, votes)
Committees
Related House Committee Documents
Amendments
Related Bill Details
Subjects
Cosponsors (44)
Summary
Text of Legislation
S.1145
Title: A bill to provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 5/26/2005) Cosponsors (44)
Related Bills: H.R.2662
Latest Major Action: 5/26/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
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COSPONSORS(44), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Sen Akaka, Daniel K. [HI] - 5/26/2005 Sen Bayh, Evan [IN] - 5/26/2005
Sen Biden, Joseph R., Jr. [DE] - 5/26/2005 Sen Bingaman, Jeff [NM] - 5/26/2005
Sen Boxer, Barbara [CA] - 5/26/2005 Sen Cantwell, Maria [WA] - 5/26/2005
Sen Chafee, Lincoln [RI] - 5/26/2005 Sen Clinton, Hillary Rodham [NY] - 5/26/2005
Sen Coleman, Norm [MN] - 5/26/2005 Sen Collins, Susan M. [ME] - 5/26/2005
Sen Corzine, Jon S. [NJ] - 5/26/2005 Sen Dayton, Mark [MN] - 5/26/2005
Sen Dodd, Christopher J. [CT] - 5/26/2005 Sen Dorgan, Byron L. [ND] - 6/23/2005
Sen Durbin, Richard [IL] - 5/26/2005 Sen Ensign, John [NV] - 5/26/2005
Sen Feinstein, Dianne [CA] - 5/26/2005 Sen Harkin, Tom [IA] - 5/26/2005
Sen Inouye, Daniel K. [HI] - 5/26/2005 Sen Jeffords, James M. [VT] - 5/26/2005
Sen Johnson, Tim [SD] - 5/26/2005 Sen Kerry, John F. [MA] - 5/26/2005
Sen Landrieu, Mary L. [LA] - 5/26/2005 Sen Lautenberg, Frank R. [NJ] - 5/26/2005
Sen Leahy, Patrick J. [VT] - 5/26/2005 Sen Levin, Carl [MI] - 5/26/2005
Sen Lieberman, Joseph I. [CT] - 5/26/2005 Sen Lincoln, Blanche L. [AR] - 5/26/2005
Sen Mikulski, Barbara A. [MD] - 5/26/2005 Sen Murray, Patty [WA] - 5/26/2005
Sen Nelson, Bill [FL] - 5/26/2005 Sen Nelson, E. Benjamin [NE] - 5/26/2005
Sen Obama, Barack [IL] - 5/26/2005 Sen Pryor, Mark L. [AR] - 5/26/2005
Sen Reed, Jack [RI] - 5/26/2005 Sen Rockefeller, John D., IV [WV] - 5/26/2005
Sen Salazar, Ken [CO] - 5/26/2005 Sen Sarbanes, Paul S. [MD] - 5/26/2005
Sen Schumer, Charles E. [NY] - 5/26/2005 Sen Smith, Gordon H. [OR] - 5/26/2005
Sen Snowe, Olympia J. [ME] - 5/26/2005 Sen Specter, Arlen [PA] - 5/26/2005
Sen Stabenow, Debbie [MI] - 5/26/2005 Sen Wyden, Ron [OR] - 5/26/2005
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H.R.2662
Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes, and for other purposes.
Sponsor: Rep Conyers, John, Jr. [MI-14] (introduced 5/26/2005) Cosponsors (130)
Related Bills: S.1145
Latest Major Action: 5/26/2005 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
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SUMMARY AS OF:
5/26/2005--Introduced.
Local Law Enforcement Hate Crimes Prevention Act of 2005 - 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 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 hate crime laws of the state or tribe. 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 officials 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.
Prohibits specified offenses involving actual or perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability.
Amends the Hate Crimes Statistics Act to require the crime data to be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender and gender identity.
=======================
Local Law Enforcement Enhancement Act of 2005 (Introduced in Senate)
S 1145 IS
109th CONGRESS
1st Session
S. 1145
To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
IN THE SENATE OF THE UNITED STATES
May 26, 2005
Mr. KENNEDY (for himself, Mr. SPECTER, Mr. SMITH, Mr. LEAHY, Ms. COLLINS, Mr. LIEBERMAN, Ms. SNOWE, Mr. WYDEN, Mr. JEFFORDS, Mr. SCHUMER, Mr. CHAFEE, Mr. AKAKA, Mr. ENSIGN, Mr. BAYH, Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, Ms. CANTWELL, Mrs. CLINTON, Mr. COLEMAN, Mr. CORZINE, Mr. DAYTON, Mr. DODD, Mr. DURBIN, Mrs. FEINSTEIN, Mr. HARKIN, Mr. INOUYE, Mr. JOHNSON, Mr. KERRY, Ms. LANDRIEU, Mr. LEVIN, Mrs. LINCOLN, Ms. MIKULSKI, Mrs. MURRAY, Mr. NELSON of Nebraska, Mr. NELSON of Florida, Mr. OBAMA, Mr. REED, Mr. SALAZAR, Mr. SARBANES, Ms. STABENOW, Mr. LAUTENBERG, Mr. PRYOR, and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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A BILL
To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Local Law Enforcement Enhancement Act of 2005'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.
(3) State and local authorities are now and will continue to be 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.
(4) Existing Federal law is inadequate to address this problem.
(5) 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.
(6) Such violence substantially affects interstate commerce in many ways, including--
(A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and
(B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
(9) Such violence is committed using articles that have traveled in interstate commerce.
(10) 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.
(11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, 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.
(12) 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.
(13) 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.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note).
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance-
(1) IN GENERAL- At the request of a law enforcement official of a State or Indian tribe, 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 (as defined in section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the State or Indian tribe; and
(C) is motivated by prejudice based on the race, color, religion, national origin, gender,
sexual orientation, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe.
(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 1 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 assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes.
(2) OFFICE OF JUSTICE PROGRAMS- 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.
(3) APPLICATION-
(A) IN GENERAL- Each State 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 or political subdivision of a State or tribal official applying for assistance under this subsection shall--
(i) describe the extraordinary purposes for which the grant is needed;
(ii) certify that the State, political subdivision, 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, 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
(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 disapproved 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 within a 1 year period.
(6) REPORT- Not later than December 31, 2006, 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 2006 and 2007.
SEC. 5. GRANT PROGRAM.
(a) Authority to Make Grants- The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local 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. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2006, 2007, and 2008 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.
SEC. 7. 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, 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, 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) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
`(2) he or his designee or she or her designee 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 the term in section 232 of this title; and
`(2) the term `firearm' has the meaning given the term in section 921(a) of this title.'.
(b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:
`249. Hate crime acts'.
SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines- Pursuant to the authority provided under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines- In carrying out this section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the same offense.
SEC. 9. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended by inserting `gender,' after `race,'.
SEC. 10. 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.
Hate Crimes Prevention Act of 2005 (Introduced in House) HR 2662
Hate Crimes Prevention Act of 2005 (Introduced in Senate) SR 1145
Philadelphia Judge Clears Anti-Gay Group of Hate Crimes
PHILADELPHIA (based on Reuters) - Feb 17/05 - A judge dismissed charges on Thursday against four anti-gay Christians accused of violating hate crime laws when protesting at a gay street festival, saying free speech rights allowed them to do so.
Philadelphia Court of Common Pleas Judge Pamela Dembe said the four members of "Repent America" exercised their right to free speech when they refused to move away from the city's gay pride "Outfest" last October.
The protesters used bullhorns and placards to warn festival participants that they would suffer eternal damnation for their homosexual behavior. After a noisy, nonviolent confrontation with gay people, they were charged with incitement to riot, and violating a 1982 Pennsylvania law that bars inciting hatred on the basis of race, color, religion, nationality or sexuality [Sexual Orientation].
"You cannot stifle free speech because you don't want to hear it," Dembe said. "Many of these messages may be repulsive and offensive but people are allowed to make them.
D.A. tries to Spin Story:
Assistant District Attorney Charles Ehrlich said after the ruling that free speech was not the most important issue in the case. The defendants had been charged because of their disruption of the gay event and for their conduct, not because of their statements, he said. Ehrlich said he would decide within 30 days whether to appeal.
The other defendants were Dennis Green, 38, of Petersburg, Virginia; James Cruise, 53, of Richmond, Virginia; and Mark Diener, 33, of Philadelphia. Eleven protesters were initially charged but charges were dropped against six. After the ruling, charges against the remaining defendant, a 17-year-old, will be dropped, defense attorney Scott Shields said.
Temple
U. Faces Suit After Trying
to Have Christian Student Committed to Insane Asylum
AgapePress - Mar 7/05 - Jury selection began today (March 7) in a federal trial in which a public university in Pennsylvania is being sued because school officials tried to have a Christian student involuntarily committed to a mental hospital.
Back in 1999 Temple University sponsored the controversial and blasphemous play Corpus Christi, in which Christ is portrayed as a homosexual. Michael Marcavage, then a Christian student at the Philadelphia school, complained to administrators. Temple officials eventually tried to have Marcavage committed to a mental institution because of his opposition to the play.
Steve Crampton, an attorney with the American Family Association Center for Law & Policy, says it is to Marcavage's credit that he relied on God throughout his clash with the university and became stronger as a result of the experience. "Of course," the lawyer notes, "that doesn't excuse the wrongdoing." He says the AFA Law Center is expecting and hoping the jury will recognize the 1999 incident for what it is.
The complaint filed on the former Temple student's behalf alleges that two university officials "unlawfully and intentionally assaulted and forcibly restrained" Marcavage on November 2, 1999, and then unlawfully ordered police to handcuff and transport him to the university hospital, where he was involuntarily committed for psychiatric evaluation.
Crampton believes the Pennsylvania school tried to muzzle Marcavage's religious viewpoint, ignoring his First Amendment rights in the process. "So we expect and hope that the jury will want to send a message to Temple and to its officials that interference with constitutional rights simply can't be tolerated," the pro-family attorney says.
The AFA Law Center spokesman feels the university must be held accountable for the actions it took against its student for simply speaking out against a school-sponsored theatrical production. The legal expert points out that, in some sense, Marcavage thought the incident marked something of a turning point.
"And obviously, we've seen the ratcheting up of hostility against Christians and Christianity," Crampton notes, "as most recently seen in the Philadelphia 11 matter, where [the Christian defendants were] charged with hate crimes simply for trying to share the gospel."
In fact, the AFA attorney adds, "It is a terrible, oppressive environment out there, and university campuses are among the worst places for Christians."
The Intolerance of "Tolerance"