Hate Crimes Legislation
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
S. 909, H.R. 1913
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.
What is the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act?
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act gives the Department of Justice (DOJ) the power to investigate and prosecute bias-motivated violence by providing the DOJ 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 Act provides the DOJ with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable to act, by taking the lead in investigations and prosecutions of bias-motivated, violent crimes resulting in death or serious bodily injury. The Act also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers or assist in state and local investigations and prosecutions of bias-motivated crimes.
View the LLEHCPA / Matthew Shepard Act Coalition Endorsement list.
Americans Support Hate Crimes Legislation.
Polls have consistently demonstrated broad public support for hate crimes legislation. A 2007 Gallup poll showed that 68% of Americans favored expanding hate crimes laws to include sexual orientation and gender identity. A 2007 Hart Research poll showed large majorities of every major subgroup of the electorate — including such traditionally conservative groups as Republican men (56%) and evangelical Christians (63%) — expressed support for strengthening hate crimes laws to include sexual orientation and gender identity. In addition, the legislation is endorsed by over 280 law enforcement, civil rights, civic and religious organizations, including: the International Association of Chiefs of Police, National District Attorneys Association, Presbyterian Church, Episcopal Church, National Association for the Advancement of Colored People, Young Women’s Christian Association and National Disability Rights Network.
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.
For more information, please contact HRC at legislation@hrc.org.