The Leadership Conference on Civil and Human Rights

Volume 8 no. 5-6

In response to the rash of arsons that have destroyed more than 66 Black churches in the past 18 months, the United States Congress acted swiftly to pass unanimously the Church Arson Prevention Act of 1996, S. 1890 and H.R. 3525, and on July 3, 1996, Pres ident Clinton signed the bill into law (PL 104-155). The bill, introduced in the House on May 23, 1996 by Representatives Henry Hyde (R-IL) and John Conyers (D-MI) and on June 10, 1996 in the Senate by Senators Lauch Faircloth (R-NC) and Edward Kennedy ( D-MA), seeks to give Federal authorities adequate tools "to prosecute and bring to justice people who burn, desecrate, or otherwise damage religious property" and reauthorizes the Hate Crimes Statistics Act.

Prohibition of Violent Interference with Religious Worship

The Act provides that the crime of "intentionally defac[ing] or destroy[ing] any religious real property because of race, color, or ethnic characteristics of any individual associated with that religious property" is subject to federal authority, and i ncreases the prison sentences for committing such crimes from 10 to 20 years.

Additionally, if in the course of the crime any person suffers bodily harm including a "public safety officer" who performs duties as a result of the crime, the bill increases the prison sentence to a maximum of 40 years, and also authorizes the impos ition of a fine.

The statute of limitations for prosecuting, trying, or punishing any person for any "noncapital offense" is extended from 5 to 7 years after the date the offense was committed.

Loan Guarantee Recovery Fund

This provision provides for the utilization of previously appropriated funds to establish a recovery fund to be administered by the U.S. Department of Housing and Urban Development and authorizes HUD to make guaranteed loans to financial loan institut ions in order to aid charitable organizations (501(c)(3)) that have been victimized by acts of "arson or terrorism."

Compensation of Victims, Requirement of Inclusion in List of Crimes Eligible for Compensation

This provision allows for persons injured by acts of arson to receive compensation through the Victims of Crime Act of 1984.

Authorization for Additional Personnel to Assist State and Local Law Enforcement

This provision provides for the appropriation of additional monies to the Department of Treasury and the Department of Justice, including the Community Relations Service in fiscal year 1996-1997 to increase "the number of personnel, investigators, and technical support personnel" who will be responsible for "investigat[ing], prevent[ing], and respond[ing]" to potential church arsons or terrorist acts.

Reauthorization of Hate Crimes Statistics Act

The bill also reauthorizes the Hate Crimes Statistics Act to the year 2002. The Hate Crimes Statistics Act requires the Department of Justice to collect data on crimes which "manifest prejudice based on race, religion, sexual orientation, or ethnici ty." Its authorization had expired in 1995.

Sense of the Congress

Finally, the act "commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson; and encourages the private sector to continue these efforts so that places of worship that are victimized by arson can return to their pre-arson status."

There have been many expressions of outrage about the church arsons. Wade Henderson, Executive Director of the Leadership Conference on Civil Rights stated:

"The fires that have consumed or damaged over 80 African-American churches in the South are more than horrific acts of desecration. They are a painful reminder of extreme racial conflict in American life which has yet to be fully resolved. They are also an attack on religious freedom, which is at the foundation of American democracy. [The LCCR is] pleased by the bipartisan response in Congress particularly with the introduction and swift action on the Church Arson Prevention Act."

Representative Henry Hyde (R-IL) said:

"The arson of a place of worship is repulsive to us as a society. When the fire is motivated by racial hatred, it is even more reprehensible. . . [W]e in Congress are unanimous in our condemnation of those who would express their hatred by destroying or damaging religious property. While we may not be able to legislate this problem away, we can ensure that those who commit these crimes are swiftly and firmly punished."

Senator Carol Moseley-Braun (D-IL) delivered the following comments on the floor of the Senate:

"We can take action in this U.S. Congress, the Senate and the House, and the President can take action. We can all come together through our Government to take leadership in showing that in this America this kind of criminality will not be tolerated, bu t we can only do that, and it only takes real meaning when we are joined in our official capacity by individual, unofficial action, when the churches themselves come together to participate in ceremonies and services and marches and demonstrations in favo r of unity and in favor of love.... Now is the time for good people to stand up and say: 'The American that we know and the America we believe is in an America that cherishes the value of brotherhood and love and unity.'"