The Leadership Conference on Civil and Human Rights

Section 245 of Title 18 U.S. Code is one of the primary federal statutes used to combat bias-motivated violence. Originally enacted during Reconstruction, the current law prohibits intentional interference by force or threat of force on the basis of race, color, religion or national origin with regard to the enjoyment of a federal right or benefit, such as voting, going to school or employment.

Under the statute, the government must prove that the crime occurred because the victim was targeted due to a specific protected characteristic, such as race or religion, and because he/she was enjoying a federally protected activity. In its current form, the statute leaves federal prosecutors powerless to intervene in bias-motivated crimes if they cannot establish the victim's involvement in a federally protected activity (serving on a jury, voting or attending public school). Nor can federal authorities act on cases involving death or serious bodily injury based on sexual orientation, gender or disability-based bias. While states would continue to play the primary role in prosecuting bias-motivated violence, the Local Law Enforcement Enhancement Act would allow the federal government to address those limited cases in which local authorities are either unable or unwilling to investigate and prosecute.

The new bill would amend existing hate crime law in two ways. First, it would provide new authority for federal officials to investigate and prosecute cases in which the bias violence occurs because of the victim's real or perceived sexual orientation, gender or disability. Second, it would remove an obstacle to federal involvement by permitting prosecutions without having to prove that the victim was attacked because he/she was engaged in a federally-protected activity. The Act would make possible a stronger and more effective law enforcement response to the epidemic of hate crime violence. The bill currently has 51 cosponsors in the Senate and 195 in the House.

Speakers at the press conference articulated the urgent need for expanded hate crimes legislation. House Democratic Leader Richard Gephardt opened the press conference saying "Today, a coalition of Republicans and Democrats speak with one voice by reintroducing hate crimes legislation to reassure all Americans that our society will not tolerate these horrible acts of violence. Hate crimes are among the most heinous, insidious acts we know, committed against people simply because of who they are ... as a society we have an obligation to stand together and say that these crimes will not be tolerated."

Sen. Edward Kennedy (D-MA) stressed the importance of addressing hate crimes, noting that while violent crime decreased during the 1990s, hate crime rates have been rising. These crimes, he noted, have a "destructive and devastating impact not only on individual victims, but entire communities." Sen. Kennedy called for making the fight against hate crimes a national priority, referring to hate crimes as "a national disgrace - an attack on everything this country stands for."

Sen. Gordon Smith (R-OR) referred to the wide support for hate crimes legislation among the American people, and called on Congress to fulfill its duty "to protect and defend its citizens by reflecting our highest values, not by sheltering our lowest fears." The speakers commended the American people for, in the words of Smith, "listening with their hearts, not just their ears" in offering their support for hate crimes legislation. The speakers encouraged their representatives and colleagues in Congress to do the same by supporting passage of the Local Law Enforcement Enhancement Act.

On July 26, the Senate Judiciary Committee voted the Local Law Enforcement Enhancement Act (S. 625) favorably out of committee by a vote of 12 to 7. All of the Democrats on the committee voted in favor of the bill along with Republican Senators Arlen Specter (R-PA) and Mike DeWine (R-OH). The committee also rejected a substitute offered by Sen. Orrin Hatch (R-UT) by a vote of 7 to 12. The Hatch amendment provides funding for additional research and studies but fails to address problems with existing federal law. The Hatch amendment would not expand current law to include sexual orientation, disability and gender, nor would the amendment remove the burdensome requirement to prove that the victim was targeted because he/she was participating in a federally protected activity.

The bill has been placed on the Senate calendar and Sen. Daschle has expressed an intent to take up the bill before Memorial Day.

The House bill was referred to the House Committee on the Judiciary and the Subcommittee on Crime where it awaits further action.