| LOCAL LAW ENFORCEMENT ENHANCEMENT ACT 101 What this bill does and why it is important |
| Local Law Enforcement Enhancement Act Quick Facts (formerly the Hate Crimes Prevention Act) What is the Local Law Enforcement Enhancement Act? The Local Law Enforcement Enhancement Act is a bill that would expand federal jurisdiction to reach serious, violent hate crimes. The measure covers hate crimes based on "the actual or perceived race, color, religion, national origin, sexual orientation, gender or disability" of the victims. Under the bill, hate crimes that cause death or bodily injury or that are committed with a firearm or explosive device could be investigated by federal law enforcement authorities, regardless of whether the victim was exercising a federally protected right � unlike current law. Why should I support this bill? While other serious crime has been decreasing nationally, hate crimes have increased, according to the FBI. Hate crimes based on real or perceived sexual orientation constitute the fourth highest category reported. Currently, only 28 states and the District of Columbia include sexual orientation in their hate crimes statutes. Seven states and the district cover gender identity in their hate crime statutes. Eighteen states have hate crimes laws that do not cover sexual orientation or gender identity. And four states have no hate crimes laws. Current federal law doesn't treat hate crimes uniformly. The 33-year-old federal criminal statute used to prosecute hate crimes only covers crimes based on race, religion and national origin. Endorsing the bill are many notable people and more than 175 law enforcement, civil rights, civic and religious organizations, including: former President George H.W. Bush's attorney general, Dick Thornburgh; attorneys general for 22 states; the National Sheriffs' Association; the International Association of Chiefs of Police; the U.S. Conference of Mayors; the Presbyterian Church (U.S.A.); the United Methodist Church; and the National Parent Network on Disabilities. The Local Law Enforcement Enhancement Act does not address penalties for hate crimes but would expand federal jurisdiction to reach serious, violent crimes. To avoid federal involvement in every hate crime, certain limitations to the bill exist. Highlights of the Local Law Enforcement Enhancement Act Intergovernmental Assistance Program Provides technical, forensic, prosecutorial or any other form of assistance to state and local law enforcement officials in cases of crimes that: a) constitute a crime of violence; b) constitute a felony under state law; and c) are motivated by bias based on race, color, religion, national origin, gender, disability, sexual orientation or are hate crimes under state law. Provides priority for crimes committed by offenders in more than one state and rural jurisdictions that have difficulty covering expenses. Federal Assistance and Training Grants Authorizes the attorney general to make grants of up to $100,000 to state, local and American Indian law enforcement officials who have incurred extraordinary expenses associated with investigating and prosecuting hate crimes. The Office of Justice Programs will work closely with funded jurisdictions to ensure the concerns of all affected parties are met, including community groups and schools, colleges and universities. Authorizes $5 million in grants for fiscal 2001 and fiscal 2002. Authorizes grants to train local law enforcement officers in identifying, investigating, prosecuting and preventing hate crimes, including hate crimes committed by juveniles. New Federal Crime Gives the Justice Department jurisdiction over crimes of violence involving bodily injury, if motivated because of a person's actual or perceived race, color, religion, national origin, gender, sexual orientation or disability. For crimes based on gender, sexual orientation and disability, the Justice Department must show a connection to interstate commerce. Certification Requirement Before indicting someone, the Justice Department must certify that: a) there is reasonable cause to believe that the crime was motivated by bias; and b) the U.S. attorney has consulted with state or local law enforcement officials and determined that one of the following situations is present: the state does not have jurisdiction or does not intend to exercise jurisdiction; the state has requested that the Justice Department assume jurisdiction; the state does not object to the Justice Department's assuming jurisdiction; or the state has completed prosecution and the Justice Department wants to initiate a subsequent prosecution. Amending the Hate Crimes Statistics Act to Include Gender This provision adds gender-based hate crimes to the Hate Crimes Statistics Act. Enacted in 1990, HCSA requires the Justice Department to collect data on crimes which "manifest prejudice based on race, religion, sexual orientation or ethnicity" from law enforcement agencies across the country and to publish an annual summary of the findings. In the Violent Crime Control and Law Enforcement Act of 1994, Congress expanded coverage of the Hate Crimes Statistics Act to require FBI reporting on crimes based on "disability." |