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.
Bias-motivated Violent Crime Affects an Entire Community
A hate crime occurs when the perpetrator of the crime intentionally selects the victim because of who the victim is. While violent hate crimes are a widespread and serious problem in our nation, it is not the frequency or number of violent hate crimes alone that distinguishes these acts of violence from other types of crime. A random act of violence resulting in injury or even death is a tragic event that devastates the lives of the victim and their family, but the intentional selection and beating or murder of an individual because of who they are terrorizes an entire community and sometimes the nation. For example, a 2006 Harris Interactive poll found that 64 percent of gays and lesbians are concerned about being the victim of a bias-motivated crime.
Bias-Motivated Violent Crime is a Pervasive Community Problem
Evidence indicates that hate crimes are under-reported; however, statistics show that since 1991 more than 100,000 hate crime offenses have been reported to the FBI, with 7,163 reported in 2005, the FBI’s most recent reporting period.
Violent crimes based on race-related bias were by far the most common, representing 54.7 percent of all offenses for 2005. Violent crimes based on religion represented 17.1 percent, and ethnicity/national origin, 13.2 percent. Violent crimes based on sexual orientation constituted 14.2 percent of all hate crimes in 2005, with 1,017 reported for the year. While the FBI doesn’t specifically collect data on hate crimes based on gender identity we know that all too often the transgender community is affected by some of the most horrific hate violence. The National Coalition of Anti-Violence Programs, a non-profit organization that tracks bias incidents against gay, lesbian, bisexual and transgender people, reported 1,985 incidents for 2005 from only 13 jurisdictions, compared to the 12,417 agencies reporting to the FBI in 2005.
The LLEHCPA / Matthew Shepard Act 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 more than 230 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; U.S. Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parents Network on Disabilities. Poll after poll continues to show that the American public supports hate crimes legislation inclusive of sexual orientation, including a Kaiser Family Foundation poll released in November 2001 showing 73 percent of Americans supporting hate crimes legislation that includes sexual orientation.
Protect First Amendment Rights
The LLEHCPA / Matthew Shepard Act protects the First Amendment rights of the accused by prohibiting the introduction of evidence of association or expression to prove that a crime has been committed, unless it specifically relates to the offense. The legislation does not punish, nor prohibit in any way, name-calling, verbal abuse or expressions of hatred toward any group, even if such statements amount to hate speech. It covers only violent criminal actions. During consideration of the bill, the U.S. House of Representatives Judiciary Committee explicitly noted that nothing in this legislation would prohibit the lawful expression of one's deeply held religious beliefs. To further ensure that there is no ambiguity on this point, an amendment offered by Rep. Artur Davis, D-Ala., was adopted that explicitly states that conduct protected under the First Amendment free expression and free exercise clauses are not subject to prosecution.
What is the Current Status of the Bill?
On May 3, 2007, the U.S. House of Representatives passed H.R. 1592 by a vote of 237 to 180, with 25 Republicans voting yes. The Senate is expected to vote on S. 1105 in the near future.
Both the U.S. Senate and House of Representatives have voted in favor of legislation to combat bias-motivated violence in prior Congresses. In the 109th Congress, the House of Representatives approved its hate crimes bill as an amendment on a bipartisan vote of 223 to 199. House and Senate votes were held in the 106th and 108th Congresses. In the 108th Congress, the Senate passed the measure by an overwhelming vote of 65 to 33, with 18 Senate Republicans voting yes, and the House approved it on a bipartisan vote of 213 to 186, with 31 Republicans voting yes.
For more information, please contact legislation@hrc.org.
Last Updated: Saturday, August 25, 2007