Us Congress 2023-2024 Regular Session

Us Congress House Bill HB64 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 64
5	5	To enhance Federal enforcement of hate crimes, and for other purposes.
6	6	IN THE HOUSE OF REPRESENTATIVES
7	7	JANUARY9, 2023
8	8	Ms. J
9	9	ACKSONLEEintroduced the following bill; which was referred to the
10	10	Committee on the Judiciary
11	11	A BILL
12	12	To enhance Federal enforcement of hate crimes, and for
13	13	other purposes.
14	14	Be it enacted by the Senate and House of Representa-1
15	15	tives of the United States of America in Congress assembled, 2
16	16	SECTION 1. SHORT TITLE. 3
17	17	This Act may be cited as the ‘‘David Ray Hate 4
18	18	Crimes Prevention Act of 2022’’ or ‘‘David’s Law’’. 5
19	19	SEC. 2. FINDINGS. 6
20	20	Congress finds that— 7
21	21	(1) the incidence of violence motivated by the 8
22	22	actual or perceived race, color, national origin, reli-9
23	23	gion, sexual orientation, gender, or disability of the 10
24	24	victim poses a serious national problem; 11
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28	28	(2) such violence disrupts the tranquility and 1
29	29	safety of communities and is deeply divisive; 2
30	30	(3) existing Federal law is inadequate to ad-3
31	31	dress this problem; 4
32	32	(4) such violence affects interstate commerce in 5
33	33	many ways, including— 6
34	34	(A) by impeding the movement of members 7
35	35	of targeted groups and forcing such members to 8
36	36	move across State lines to escape the incidence 9
37	37	or risk of such violence; and 10
38	38	(B) by preventing members of targeted 11
39	39	groups from purchasing goods and services, ob-12
40	40	taining or sustaining employment or partici-13
41	41	pating in other commercial activity; 14
42	42	(5) perpetrators cross State lines to commit 15
43	43	such violence; 16
44	44	(6) instrumentalities of interstate commerce are 17
45	45	used to facilitate the commission of such violence; 18
46	46	(7) such violence is committed using articles 19
47	47	that have traveled in interstate commerce; 20
48	48	(8) violence motivated by bias that is a relic of 21
49	49	slavery can constitute badges and incidents of slav-22
50	50	ery; 23
51	51	(9) although many local jurisdictions have at-24
52	52	tempted to respond to the challenges posed by such 25
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56	56	violence, the problem is sufficiently serious, wide-1
57	57	spread, and interstate in scope to warrant Federal 2
58	58	intervention to assist such jurisdictions; and 3
59	59	(10) many States have no laws addressing vio-4
60	60	lence based on the actual or perceived race, color, 5
61	61	national origin, religion, sexual orientation, gender, 6
62	62	or disability of the victim, while other States have 7
63	63	laws that provide only limited protection. 8
64	64	SEC. 3. DEFINITION OF HATE CRIME. 9
65	65	In this Act, the term ‘‘hate crime’’ has the same 10
66	66	meaning as in section 280003(a) of the Violent Crime 11
67	67	Control and Law Enforcement Act of 1994 (28 U.S.C. 12
68	68	994 note). 13
69	69	SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. 14
70	70	Section 245 of title 18, United States Code, is 15
71	71	amended— 16
72	72	(1) by redesignating subsections (c) and (d) as 17
73	73	subsections (d) and (e), respectively; and 18
74	74	(2) by inserting after subsection (b) the fol-19
75	75	lowing: 20
76	76	‘‘(c)(1) Whoever, whether or not acting under color 21
77	77	of law, willfully causes bodily injury to any person or, 22
78	78	through the use of fire, a firearm, or an explosive device, 23
79	79	attempts to cause bodily injury to any person, because of 24
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83	83	the actual or perceived race, color, religion, or national 1
84	84	origin of any person— 2
85	85	‘‘(A) shall be imprisoned not more than 10 3
86	86	years, or fined in accordance with this title, or both; 4
87	87	and 5
88	88	‘‘(B) shall be imprisoned for any term of years 6
89	89	or for life, or fined in accordance with this title, or 7
90	90	both if— 8
91	91	‘‘(i) death results from the acts committed 9
92	92	in violation of this paragraph; or 10
93	93	‘‘(ii) the acts committed in violation of this 11
94	94	paragraph include kidnapping or an attempt to 12
95	95	kidnap, aggravated sexual abuse or an attempt 13
96	96	to commit aggravated sexual abuse, or an at-14
97	97	tempt to kill. 15
98	98	‘‘(2)(A) Whoever, whether or not acting under color 16
99	99	of law, in any circumstance described in subparagraph 17
100	100	(B), willfully causes bodily injury to any person or, 18
101	101	through the use of fire, a firearm, or an explosive device, 19
102	102	attempts to cause bodily injury to any person, because of 20
103	103	the actual or perceived religion, gender, sexual orientation, 21
104	104	or disability of any person— 22
105	105	‘‘(i) shall be imprisoned not more than 10 23
106	106	years, or fined in accordance with this title, or both; 24
107	107	and 25
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111	111	‘‘(ii) shall be imprisoned for any term of years 1
112	112	or for life, or fined in accordance with this title, or 2
113	113	both, if— 3
114	114	‘‘(I) death results from the acts committed 4
115	115	in violation of this paragraph; or 5
116	116	‘‘(II) the acts committed in violation of 6
117	117	this paragraph include kidnapping or an at-7
118	118	tempt to kidnap, aggravated sexual abuse or an 8
119	119	attempt to commit aggravated sexual abuse, or 9
120	120	an attempt to kill. 10
121	121	‘‘(B) For purposes of subparagraph (A), the cir-11
122	122	cumstances described in this subparagraph are that— 12
123	123	‘‘(i) in connection with the offense, the defend-13
124	124	ant or the victim travels in interstate or foreign 14
125	125	commerce, uses a facility or instrumentality of inter-15
126	126	state or foreign commerce, or engages in any activity 16
127	127	affecting interstate or foreign commerce; or 17
128	128	‘‘(ii) the offense is in or affects interstate or 18
129	129	foreign commerce.’’. 19
130	130	SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. 20
131	131	(a) A
132	132	MENDMENT OF FEDERALSENTENCINGGUIDE-21
133	133	LINES.—Pursuant to its authority under section 994 of 22
134	134	title 28, United States Code, the United States Sentencing 23
135	135	Commission shall study the issue of adult recruitment of 24
136	136	juveniles to commit hate crimes and shall, if appropriate, 25
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140	140	amend the Federal sentencing guidelines to provide sen-1
141	141	tencing enhancements (in addition to the sentencing en-2
142	142	hancement provided for the use of a minor during the 3
143	143	commission of an offense) for adult defendants who recruit 4
144	144	juveniles to assist in the commission of hate crimes. 5
145	145	(b) C
146	146	ONSISTENCYWITHOTHERGUIDELINES.—In 6
147	147	carrying out this section, the United States Sentencing 7
148	148	Commission shall— 8
149	149	(1) ensure that there is reasonable consistency 9
150	150	with other Federal sentencing guidelines; and 10
151	151	(2) avoid duplicative punishments for substan-11
152	152	tially the same offense. 12
153	153	SEC. 6. GRANT PROGRAM. 13
154	154	(a) A
155	155	UTHORITYTOMAKEGRANTS.—The Adminis-14
156	156	trator of the Office of Juvenile Justice and Delinquency 15
157	157	Prevention of the Department of Justice shall make 16
158	158	grants, in accordance with such regulations as the Attor-17
159	159	ney General may prescribe, to State and local programs 18
160	160	designed to combat hate crimes committed by juveniles. 19
161	161	(b) A
162	162	UTHORIZATION OF APPROPRIATIONS.—There 20
163	163	are authorized to be appropriated such sums as may be 21
164	164	necessary to carry out this section. 22
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168	168	SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 1
169	169	ASSIST STATE AND LOCAL LAW ENFORCE-2
170	170	MENT. 3
171	171	There are authorized to be appropriated to the De-4
172	172	partment of the Treasury and the Department of Justice, 5
173	173	including the Community Relations Service, for fiscal 6
174	174	years 2023, 2024, and 2025 such sums as are necessary 7
175	175	to increase the number of personnel to prevent and re-8
176	176	spond to alleged violations of section 245 of title 18, 9
177	177	United States Code (as amended by this Act). 10
178	178	Æ
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