About the Bill
The Problem
A hate crime occurs when the perpetrator of the crime intentionally selects the victim because of who the victim is. Hate crimes rend the fabric of our society and fragment communities because they target an entire community or group of people, not just the individual victim. However, in most cases, current law prevents the federal government from assisting state and local authorities.
The Bill
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention 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.
What is the Current Status of the Bill?
The Local Law Enforcement Hate Crimes Prevention Act was introduced in the 111th Congress by Representatives John Conyers (D-MI) and Mark Kirk (R-IL) in the House, and the Matthew Shepard Act was introduced by Senator Edward Kennedy (D-MA) in the Senate. On April 29, 2009, the House of Representatives passed H.R. 1913 by a vote of 249-175. On July 16, 2009, the Senate voted 63-28 to proceed with the Matthew Shepard Act as an amendment to the Department of Defense authorization bill. The DoD authorization bill passed the Senate with the Matthew Shepard Act as an amendment on July 23, 2009. The Senate and House versions of the bill were then reconciled in a conference committee. The committee renamed the hate crimes provision to “The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act,” honoring the memory of another victim of hate violence – in the same year as Matthew Shepard – an African-American man who was dragged to death in Jasper, Texas.
On October 8, 2009 the House voted to pass the conference report of the FY 2010 Defense Authorization bill, with the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act included, by a vote of 281 to 146. A Senate vote on the conference report is expected shortly, and the bill will then be sent to President Obama for his signature.