The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act
H.R. 1592 / S. 1105
The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act gives the Justice Department the power to investigate and prosecute bias-motivated violence by providing the Department with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.
The LLEHCPA / Matthew Shepard Act provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. The LLEHCPA also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers or to assist in state and local investigations and prosecutions of bias-motivated crimes.
View the LLEHCPA / Matthew Shepard Act Coalition Endorsement list.
Hate Crimes Affect More than Just the Individual Attacked
All violent crimes are reprehensible. But the damage done by hate crimes cannot be measured solely in terms of physical injury or dollars and cents. Hate crimes rend the fabric of our society and fragment communities because they target a whole group and not just the individual victim. Hate crimes are committed to cause fear to a whole community. A violent hate crime is intended to "send a message" that an individual and "their kind" will not be tolerated, many times leaving the victim and others in their group feeling isolated, vulnerable and unprotected.
According to 2006 FBI statistics, hate crimes based on sexual orientation constituted the third highest category reported and made up 15.5 percent of all reported hate crimes. Only race-based and religion-based prejudice crimes were more prevalent than hate crimes based on sexual orientation.
The LLEHCPA Gives Local Law Enforcement the Tools to Combat Violent Bias Motivated Crime
The importance of the LLEHCPA is that it provides a backstop to state and local law enforcement by allowing a federal prosecution if – and only if – it is necessary to achieve an effective, just result, and to permit federal authorities to assist in investigations. Federal support, in the form of grants for training or through direct assistance will ensure all bias-motivated violence is adequately investigated and prosecuted, while at the same time ensuring state and local authorities are not overburdened.
Support for this Legislation is Overwhelming
The bill is endorsed by notable individuals and over 280 law enforcement, civil rights, civic and religious organizations, including: President George H.W. Bush’s Attorney General Dick Thornburgh; National Sheriffs’ Association; International Association of Chiefs of Police; National District Attorneys Association; Presbyterian Church; Episcopal Church; the Interfaith Alliance and the National Disability Rights Network. Polls have consistently demonstrated broad public support for hate crimes legislation. A 2007 Hart Research poll showed large majorities of every major subgroup of the electorate — including such traditionally conservative groups as Republican men (56 percent) and evangelical Christians (63 percent) — expressed support for strengthening hate crimes laws to include sexual orientation and gender identity. Support also crosses racial lines — with three in four whites (74 percent), African-Americans (74 percent) and Latino/as (72 percent) supporting the Act. A 2007 Gallup poll showed that 68 percent of Americans favored expanding hate crimes laws to include sexual orientation and gender identity.
Legislative Status of the LLEHCPA
The Local Law Enforcement Hate Crimes Prevention Act (H.R. 1592) was introduced in the House on March 20, 2007, by Representatives John Conyers (D-MI) and Mark Kirk (R-IL) with 171 bi-partisan co-sponsors. On May 3, 2007, the Local Law Enforcement Hate Crimes Prevention Act was approved by the House as a stand-alone bill by a bi-partisan vote of 237 to 180, with 25 Republicans voting yes.
The Senate version, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act (S. 1105), was introduced on April 12, 2007, by Senators Edward Kennedy (D-MA) and Gordon Smith (R-OR) with 40 bi-partisan co-sponsors. Senator Kennedy and Senator Smith filed the Matthew Shepard Act as an amendment to the Department of Defense Authorization bill (H.R. 1585). On September 27, 2007, the Senate voted 60-39 for cloture which closed debate on the amendment. The Matthew Shepard Act was adopted by voice vote and added to the Department of Defense (DoD) Authorization bill.
The hate crimes provision was not included in the final version of the DoD bill. The provision fell victim to House opponents of hate crimes legislation as well as unrelated concerns regarding Iraq-related provisions of the DoD bill. The hate crimes veto threat issued by the White House and organized opposition by House Republican Leadership cost significant numbers of votes on the right. Iraq-related provisions that many progressive Democrats opposed cost votes on the left. Moderate Democrats, many of whom voted for the hate crimes bill in May, did not want to test the President’s veto threat and risk a delay in increased pay for military personnel. All of these factors resulted in insufficient votes to secure passage of the DoD bill with the hate crimes provision.
Last Updated: Monday, October 06, 2008