Hate Crimes Prevention Act Of 1999 Gains In Congress

Civil Rights Monitor

The CIVIL RIGHTS MONITOR is a quarterly publication that reports on civil rights issues pending before the three branches of government. The Monitor also provides a historical context within which to assess current civil rights issues. Back issues of the Monitor are available through this site. Browse or search the archives

Volume 10 Number 4

Hate Crimes Prevention Act Of 1999 Gains In Congress

House Judiciary Committee Holds Hearings Senate Passes bill

The Hate Crimes Prevention Act of 1999 (HCPA) was introduced on March 9, 1999 jointly in the House (H.R. 1082) and Senate (S. 622). Senate Minority Leader Daschle (D-SD), Senators Kennedy (D-MA), Leahy (D-VT), Schumer (D-NY), Smith (R-OR), Specter (R-PA), Wyden (D-OR), House Minority Leader Gephardt (D-MO), and Representatives Conyers (D-MI), Forbes (D-NY), and Morella (R-MD) are the bill's original sponsors.

The Hate Crimes Prevention Act of 1999 would expand the current federal criminal civil rights statute. The legislation is needed because current law allows federal prosecutions only if the government can establish the victim's involvement in a federally protected activity such as voting. Nor can federal authorities address at all cases involving death or bodily injury based on gender, disability or sexual orientation.

Currently, hate crimes monitoring and enforcement consists of a patchwork of laws that offer citizens varying levels of legal protection depending on where they live. Eight states have no hate crimes laws at all.

The FBI's most recent hate crime statistics (1997) documented 8,049 hate crimes reported by 11,355 law enforcement agencies.

Of those crimes:

59 percent were race-based;

17 percent committed against individuals because of their religion;

10 percent were based on ethnicity;

14 percent were committed against individuals based on sexual orientation.

The FBI is not required to keep hate crime statistics on gender based hate crimes.