Search under "hate", then follow the hotlinks. There seem to be
several relevant bills. Below is the text of S1529. It is pretty mild
and limited, addressing only crimes of violence, and only those that
can be constitutionally justified as involving interstate commerce.
"Hate Crimes Prevention Act of 1998 (Introduced in the Senate)
S 1529 IS
105th CONGRESS
1st Session
S. 1529
To enhance Federal enforcement of hate crimes, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 13, 1997
Mr. KENNEDY (for himself, Mr. SPECTER, Mr. WYDEN, Mrs. FEINSTEIN, and
Mr. TORRICELLI) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
A BILL
To enhance Federal enforcement of hate crimes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Hate Crimes Prevention Act of 1998'.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or perceived
race, color, national origin, religion, sexual orientation, gender, 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) existing Federal law is inadequate to address this problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted groups and forcing
such members to move across State lines to escape the incidence or
risk of such violence; and
(B) by preventing members of targeted groups from purchasing goods and
services, obtaining or sustaining employment or participating in other
commercial activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to facilitate
the commission of such violence;
(7) such violence is committed using articles that have traveled in
interstate commerce;
(8) violence motivated by bias that is a relic of slavery can
constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to respond to the
challenges posed by such violence, the problem is sufficiently
serious, widespread, and interstate in scope to warrant Federal
intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on the actual
or perceived race, color, national origin, religion, sexual
orientation, gender, or disability, of the victim, while other States
have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as in section
280003(a) of the Violent Crime Control and Law Enforcement Act of 1994
(28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following:
(c)(1) Whoever, whether or not acting under color of law, willfully
causes bodily injury to any person or, through the use of fire, a
firearm, or an explosive device, attempts to cause bodily injury to
any person, because of the actual or perceived race, color, religion,
or national origin of any person--
`(A) shall be imprisoned not more than 10 years, or fined in
accordance with this title, or both; and
`(B) shall be imprisoned for any term of years or for life, or fined
in accordance with this title, or both if--
`(i) death results from the acts committed in violation of this
paragraph; or
`(ii) the acts omitted in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or an attempt to kill.
`(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
`(i) shall be imprisoned not more than 10 years, or fined in
accordance with this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, or fined
in accordance with this title, or both, if--
`(I) death results from the acts committed in violation of this
paragraph; or
`(II) the acts committed in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or an attempt to kill.
`(B) For purposes of subparagraph (A), the circumstances described in
this subparagraph are that--
`(i) in connection with the offense, the defendant or the victim
travels in interstate or foreign commerce, uses a facility or
instrumentality of interstate or foreign commerce, or engages in any
activity affecting interstate or foreign commerce; or
`(ii) the offense is in or affects interstate or foreign commerce.'.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDELINES- Pursuant to its
authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense)
for adult defendants who recruit juveniles to assist in the commission
of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES- In carrying out this section,
the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other Federal
sentencing guidelines; and
(2) avoid duplicative punishments for substantially the same offense.
SEC. 6. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS- The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed
to combat hate crimes committed by juveniles.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 1998, 1999, and 2000 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United
States Code (as amended by this Act).
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.