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PEG_Hate Crimes Act 020110
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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.
State and local authorities continue to prosecute the majority of violent crimes in the US,
including hate crimes. They need Federal help.
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Hate crimes hurt the victim, and the victims representative community.
(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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PEG_Hate Crimes Act 020110
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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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PEG_Hate Crimes Act 020110
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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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PEG_Hate Crimes Act 020110
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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.
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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PEG_Hate Crimes Act 020110
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PEG_Hate Crimes Act 020110
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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.
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PEG_Hate Crimes Act 020110
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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.
REQUIREMENTS
When applying, the agency must:
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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.
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PEG_Hate Crimes Act 020110
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PEG_Hate Crimes Act 020110
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(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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PEG_Hate Crimes Act 020110
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(i)
(ii)
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PEG_Hate Crimes Act 020110
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(I)
death occurs; or
(II)
(i)
(II)
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PEG_Hate Crimes Act 020110
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(ii)
(iii)
(iv)
(I)
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PEG_Hate Crimes Act 020110
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(II)
CERTIFICATION REQUIREMENT
In general, no prosecution will take place unless the Attorney General, or his designated
representative, certifies that
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PEG_Hate Crimes Act 020110
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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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PEG_Hate Crimes Act 020110
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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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PEG_Hate Crimes Act 020110
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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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PEG_Hate Crimes Act 020110
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