Hate Crime Legislation

[Excerpt] On October 28, 2009, President Barack Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law, as Division E of the National Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84; H.R. 2647). This law broadens federal jurisdiction over hate crimes by authorizing the Attorney General to provide assistance, when requested by a state, local, or tribal official, for crimes that (1) would constitute a violent crime under federal law or a felony under state or tribal law, and (2) are motivated by the victim\u27s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. In other words, hate crimes are traditional crimes during which the offender is motivated by one or more biases considered to be particularly reprehensible and damaging to society as a whole. Prior to enactment, however, hate crimes were not separate and distinct offenses under federal law. Furthermore, federal jurisdiction over hate crime was limited to certain civil rights offenses. Although there is a consensus that hate crime is deplorable, determining the definitive federal role in addressing hate crime has proved contentious, as reflected in the legislative history and congressional debate. Legislation to widen federal jurisdiction over hate crime was passed by the Senate in the 106th and 108th Congresses, by the House in the 109th Congress, and by both chambers in the 110th Congress. Opponents of hate crime legislation view separate federal offenses for hate crime as redundant and largely symbolic, arguing that separate hate crime offenses would be in addition to the legal prohibitions for traditional crime that already exist under either federal or state law. They also contend that in most cases the federal nexus is tenuous, and that such offenses are best handled at the state and local level. Proponents for creating a separate and distinct federal offense for hate crime maintain that there is a fundamental difference between ordinary crime and hate crime. They believe that hate crimes are often perpetrated to send a message of threat and intimidation to a wider group, and that the effects of hate crime extend beyond the particular victim and reflect more pervasive patterns of discrimination on the basis of race, color, religion, national origin, and other characteristics. In the 111 * Congress, the House Judiciary Committee amended and ordered reported a hate crimes bill (H.R. 1913; H.Rept. 111 -86) on April 23, 2009. The House passed H.R. 1913 on April 29, 2009. Senator Reid, for Senator Kennedy, introduced the Matthew Shepard Hate Crimes Prevention Act (S. 909) on April 28, 2009. Senator Leahy successfully amended the National Defense Authorization Act (S. 1390) with language that is similar to S. 909 on July 16, 2009. The Senate passed S. 1390, amended, on July 23, 2009. The hate crime provisions were included in the conference report on the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647; H.Rept. 111-288). The House passed the conference report on H.R. 2647 on October 7, 2009; the Senate passed it on October 22, 2009. In addition, Representative Sheila Jackson-Lee has introduced three hate crime-related bills (H.R. 70, H.R. 256, and H.R. 262), and Representative Maloney has introduced a hate crime statistics act (H.R. 823). At issue for Congress is whether the prevalence and harmfulness of hate crimes warrant greater federal intervention to ensure that such crimes are systematically addressed at all levels of government. Another related issue is the completeness and comprehensiveness of national hate crime data. Representative Eddie Bernice Johnson introduced (H.R. 3419), which would amend the Hate Crime Statistics Act to require data collection on crimes committed against homeless persons. Senator Benjamin Cardin introduced an identical bill (S. 1765). On several occasions, the Senate Judiciary Committee was scheduled to mark up this bill during the 111th Congress, but consideration of this bill was postponed

Whatever Happened to Evidence-Based Practice During COVID-19?

Contemporary medical practice is grounded in rigorous scientific evidence in concert with best clinical practices and informed shared decision making with patients. During these times of uncertainty, disruption, and even anxiety, it becomes critical that we engage with our patients and communities in thoughtful dialogue and realistic expectations regarding treatments surrounding COVID-19. The hope for a “miracle” cure and urgency to return back to normal times can stimulate irrational thought and behavior and even desperate measures by individuals or groups. It becomes especially important that we continue to use reasonable, informed clinical judgment in discussing the various options with patients

107th Congress

This report details the gun control legislation in the 107th Congress. The contents include Gun-related statistics, federal regulation of firearms, and possible issues for the 107th Congress

109th Congress

This report discusses the ongoing debate over the efficacy and constitutionality of federal regulation of firearms and ammunition. The report provides background information and analysis over the pros and cons of the debate and gun related statistics. It is a contentious debate, with strong advocates for and against the further federal regulation of firearms

109th Congress

This report discusses the ongoing debate over the efficacy and constitutionality of federal regulation of firearms and ammunition. The report provides background information and analysis over the pros and cons of the debate and gun related statistics

Department of Homeland Security: Proposals to Consolidate Border and Transportation Security Agencies

This report examines legislative proposals and issues related to establishing a Border and Transportation Security division in a proposed Department of Homeland Security (DHS). This report includes conceptual definitions for “border management” and “border security,” and discusses the missions of the principal border management agencies. It briefly touches on seaport security, since it relates to border security, and Congress has acted on related legislation; examines the Transportation Security Administration and that agency’s still evolving scope of responsibilities; and explores issues raised by transferring the Federal Protective Service to this new division. The report concludes with a summary of major issues raised by proposals to establish a Border and Transportation Security division within the proposed DHS

107th Congress

This report discusses the information related to gun control legislation. The contents include Gun-related statistics, federal regulation of firearms, legislative action in the 107th Congres

Immigration and Naturalization Service’s FY1999 Budget

This report provides an overview of the immigration and naturalization service's budget during Fiscal Year 1999

108th Congress

This report discusses the information related to gun control legislation. The contents include Gun-related statistics, federal regulation of firearms, possible issues in the 108th Congres