Hate Crimes Prevention Act

Hate Crimes Prevention Act

This bill amends the federal criminal code to prohibit firearm sale or transfer to and receipt or possession by an individual who has: (1) been convicted of a misdemeanor hate crime, or (2) received an enhanced hate crime misdemeanor sentence.

It defines "misdemeanor hate crime" as a misdemeanor offense that has, as an element, that the conduct was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person.

An "enhanced hate crime misdemeanor sentence" is an enhanced sentence imposed for a misdemeanor that is based, in whole or in part, on conduct motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4603 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4603

To prevent a person who has been convicted of a misdemeanor hate crime, 
 or received an enhanced sentence for a misdemeanor because of hate or 
           bias in its commission, from obtaining a firearm.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2016

  Mr. Cicilline (for himself, Mr. Conyers, Mr. Gutierrez, Ms. Jackson 
 Lee, Mr. Nadler, Ms. Kelly of Illinois, Mr. Van Hollen, Mr. Jeffries, 
   Mr. Johnson of Georgia, Mrs. Carolyn B. Maloney of New York, Mr. 
 Deutch, Mr. Honda, Mr. Hastings, Mr. Meeks, Mr. Grayson, Ms. Lee, Ms. 
 Lofgren, Mr. Engel, Mr. Lowenthal, Mr. Crowley, Mr. Takano, Mr. Sean 
     Patrick Maloney of New York, Mr. Rangel, and Ms. Judy Chu of 
 California) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prevent a person who has been convicted of a misdemeanor hate crime, 
 or received an enhanced sentence for a misdemeanor because of hate or 
           bias in its commission, from obtaining a firearm.

    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''.

SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR 
              HATE CRIME, OR RECEIVED AN ENHANCED SENTENCE FOR A 
              MISDEMEANOR BECAUSE OF HATE OR BIAS IN ITS COMMISSION, 
              FROM OBTAINING A FIREARM.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(36) The term `misdemeanor hate crime' means an offense that--
            ``(A) is a misdemeanor under Federal, State, or tribal law; 
        and
            ``(B) has, as an element, that the conduct of the offender 
        was motivated by hate or bias because of the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, gender identity (as defined in section 
        249(c)(4)), or disability of any person.
    ``(37) The term `enhanced hate crime misdemeanor sentence' means a 
sentence imposed for a misdemeanor, based, in whole or in part, on a 
judicial finding that the conduct of the offender was motivated, in 
whole or in part, by hate or bias for any reason referred to in 
paragraph (36).''.
    (b) Prohibition on Sale or Other Disposition of Firearm.--Section 
922(d) of such title is amended in the 1st sentence--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(10) has been convicted in any court of a misdemeanor 
        hate crime, or has received from any court an enhanced hate 
        crime misdemeanor sentence.''.
    (c) Prohibition on Possession, Shipment, or Transport of Firearm.--
Section 922(g) of such title is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the comma and inserting 
        ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) who has been convicted in any court of a misdemeanor 
        hate crime, or has received from any court an enhanced hate 
        crime misdemeanor sentence,''.
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