USC Chapter 305

USC Chapter 305
in effect

34 U.S.C. § 30501 Findings

Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including the following:(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence. (B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (C) Perpetrators cross State lines to commit such violence. (D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (E) Such violence is committed using articles that have traveled in interstate commerce. (7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct “races”. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

34 U.S.C. § 30502 Definitions

In this division— (1) the term “crime of violence” has the meaning given that term in section 16 of title 18; (2) the term “hate crime” has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act; (3) the term “local” means a county, city, town, township, parish, village, or other general purpose political subdivision of a State; and (4) the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

34 U.S.C. § 30503 Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

(a) Assistance other than financial assistance(1) In generalAt the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—(A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2) PriorityIn providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants(1) In generalThe Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice ProgramsIn implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application(A) In generalEach State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submissionApplications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) RequirementsA State, local, and tribal law enforcement agency applying for a grant under this subsection shall—(i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) DeadlineAn application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application. (5) Grant amountA grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6) ReportNot later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012.

34 U.S.C. § 30504 Grant program

(a) Authority to award grantsThe Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this section.

34 U.S.C. § 30505 Severability

If any provision of this division, an amendment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

34 U.S.C. § 30506 Rule of construction

For purposes of construing this division and the amendments made by this division the following shall apply: (1) In generalNothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence. (2) Violent actsThis division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of a victim. (3) Construction and applicationNothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest, if such exercise of religion, speech, expression, or association was not intended to—(A) plan or prepare for an act of physical violence; or (B) incite an imminent act of physical violence against another. (4) Free expressionNothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs. (5) First amendmentNothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States. (6) Constitutional protectionsNothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

34 U.S.C. § 30507 Jabara-Heyer NO HATE Act

(a) Short titleThis section may be cited as the “Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021” or the “Jabara-Heyer NO HATE Act”. (b) FindingsCongress finds the following:(1) The incidence of violence known as hate crimes, or crimes motivated by bias, poses a serious national problem. (2) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2019, the most recent year for which data is available. (3) In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) 11 See References in Text note below. to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crime Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) 1 have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (4) A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in section 249(b)(1)(C) of title 18. (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation. (6) Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes. (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions. (8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (c) DefinitionsIn this section:(1) Hate crimeThe term “hate crime” means an act described in section 245, 247, or 249 of title 18 or in section 3631 of title 42. (2) Priority agencyThe term “priority agency” means—(A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or (B) a law enforcement agency of a unit of local government that—(i) serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and (ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available. (3) StateThe term “State” has the meaning given the term in section 10251 of this title. (4) Uniform Crime ReportsThe term “Uniform Crime Reports” means the reports authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use—(A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (5) Unit of local governmentThe term “unit of local government” has the meaning given the term in section 10251 of this title. (d) Reporting of hate crimes(1) Implementation grants(A) In generalThe Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System. (B) PriorityIn making grants under subparagraph (A), the Attorney General shall give priority to States and units of local government that develop and implement the programs and activities described in subsection (f)(2)(A). (2) Reporting(A) Compliance(i) In generalExcept as provided in clause (ii), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under paragraph (1), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year. (ii) Extensions; waiverThe Attorney General—(I) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with clause (i); and (II) shall waive the requirements of clause (i) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively. (B) Failure to complyIf a State or unit of local government that receives a grant under paragraph (1) fails to substantially comply with subparagraph (A) of this paragraph, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General. (e) Grants for State-run hate crime hotlines(1) Grants authorized(A) In generalThe Attorney General shall make grants to States to create State-run hate crime reporting hotlines. (B) Grant periodA grant made under subparagraph (A) shall be for a period of not more than 5 years. (2) Hotline requirementsA State shall ensure, with respect to a hotline funded by a grant under paragraph (1), that—(A) the hotline directs individuals to—(i) law enforcement if appropriate; and (ii) local support services; (B) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to—(i) any other agency of that State; (ii) any other State; (iii) the Federal Government; or (iv) any other person or entity; (C) the staff members who operate the hotline are trained to be knowledgeable about—(i) applicable Federal, State, and local hate crime laws; and (ii) local law enforcement resources and applicable local support services; and (D) the hotline is accessible to—(i) individuals with limited English proficiency, where appropriate; and (ii) individuals with disabilities. (3) Best practicesThe Attorney General shall issue guidance to States on best practices for implementing the requirements of paragraph (2). (f) Information collection by States and units of local government(1) DefinitionsIn this subsection:(A) Covered agencyThe term “covered agency” means—(i) a State law enforcement agency; and (ii) a priority agency. (B) Eligible entityThe term “eligible entity” means—(i) a State; or (ii) a unit of local government that has a priority agency. (2) Grants(A) In generalThe Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program, including—(i) adopting a policy on identifying, investigating, and reporting hate crimes; (ii) developing a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (iii) establishing a unit specialized in identifying, investigating, and reporting hate crimes; (iv) engaging in community relations functions related to hate crime prevention and education such as—(I) establishing a liaison with formal community-based organizations or leaders; and (II) conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and (v) providing hate crime trainings for agency personnel. (B) SubgrantsA State that receives a grant under subparagraph (A) may award a subgrant to a unit of local government within the State for the purposes under that subparagraph, except that a unit of local government may provide funding from such a subgrant to any law enforcement agency of the unit of local government. (3) Information required of States and units of local government(A) In generalFor each fiscal year in which a State or unit of local government receives a grant or subgrant under paragraph (2), the State or unit of local government shall—(i) collect information from each law enforcement agency that receives funding from the grant or subgrant summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and (ii) submit to the Attorney General a report containing the information collected under clause (i). (B) Semiannual law enforcement agency report(i) In generalIn collecting the information required under subparagraph (A)(i), a State or unit of local government shall require each law enforcement agency that receives funding from a grant or subgrant awarded to the State or unit of local government under paragraph (2) to submit a semiannual report to the State or unit of local government that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program. (ii) ContentsIn a report submitted under clause (i), a law enforcement agency shall, at a minimum, disclose—(I) whether the agency has adopted a policy on identifying, investigating, and reporting hate crimes; (II) whether the agency has developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (III) whether the agency has established a unit specialized in identifying, investigating, and reporting hate crimes; (IV) whether the agency engages in community relations functions related to hate crime, such as—(aa) establishing a liaison with formal community-based organizations or leaders; and (bb) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (V) the number of hate crime trainings for agency personnel, including the duration of the trainings, conducted by the agency during the reporting period. (4) Compliance and redirection of funds(A) In generalExcept as provided in subparagraph (B), beginning not later than 1 year after May 20, 2021, a State or unit of local government receiving a grant or subgrant under paragraph (2) shall comply with paragraph (3). (B) Extensions; waiverThe Attorney General—(i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to collect the information required under paragraph (3); and (ii) shall waive the requirements of paragraph (3) for a State or unit of local government if compliance with that subsection by the State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively. (g) Requirements of the Attorney General(1) Information collection and analysis; reportIn order to improve the accuracy of data regarding the incidence of hate crime provided through the Uniform Crime Reports program, and promote a more complete understanding of the national problem posed by hate crime, the Attorney General shall—(A) collect and analyze the information provided by States and units of local government under subsection (f) for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) 1 by the Federal Bureau of Investigation; and (B) for each calendar year beginning after May 20, 2021, publish and submit to Congress a report based on the information collected and analyzed under subparagraph (A). (2) Contents of reportA report submitted under paragraph (1) shall include—(A) a qualitative analysis of the relationship between—(i) the number of hate crimes reported by State law enforcement agencies or other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) through the Uniform Crime Reports program; and (ii) the nature and extent of law enforcement activities or crime reduction programs conducted by those agencies to prevent, address, or otherwise respond to hate crime; and (B) a quantitative analysis of the number of State law enforcement agencies and other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) that have—(i) adopted a policy on identifying, investigating, and reporting hate crimes; (ii) developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (iii) established a unit specialized in identifying, investigating, and reporting hate crimes; (iv) engaged in community relations functions related to hate crime, such as—(I) establishing a liaison with formal community-based organizations or leaders; and (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (v) conducted hate crime trainings for agency personnel during the reporting period, including—(I) the total number of trainings conducted by each agency; and (II) the duration of the trainings described in subclause (I). (h) Omitted

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