National Opposition to Hate, Assault, and Threats to Equality Act of 2019 or the NO HATE Act
This bill establishes various grants within the Department of Justice for states and units of local government to improve law enforcement activities to address hate crimes, including by improving the reporting of hate crime data to relevant national systems. It also allows a court to order, as a penalty for a violation of a federal hate crime statute, a defendant to participate in educational classes or community service related to the community harmed by the defendant's offense as part of a supervised release.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3545 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3545
To provide incentives for hate crime reporting, provide grants for
State-run hate crime hotlines, and establish additional penalties for
individuals convicted under the Matthew Shephard and James Byrd, Jr.
Hate Crimes Prevention Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2019
Mr. Beyer (for himself and Mr. Olson) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide incentives for hate crime reporting, provide grants for
State-run hate crime hotlines, and establish additional penalties for
individuals convicted under the Matthew Shephard and James Byrd, Jr.
Hate Crimes Prevention Act.
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 ``National Opposition to Hate,
Assault, and Threats to Equality Act of 2019'' or the ``NO HATE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The incidence of violence known as hate crimes or
crimes motivated by bias poses a serious national problem.
(2) According to data obtained by the Federal Bureau of
Investigation, the incidence of such violence increased in
2017, the most recent year for which data is available.
(3) In 1990, Congress enacted the Hate Crime Statistics Act
(Public Law 101-275; 28 U.S.C. 534 note) to provide the Federal
Government, law enforcement agencies, and the public with data
regarding the incidence of hate crime. The Hate Crimes
Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act (division E of Public Law 111-84; 123
Stat. 2835) have enabled Federal authorities to understand and,
where appropriate, investigate and prosecute hate crimes.
(4) A more complete understanding of the national problem
posed by hate crime is in the public interest and supports the
Federal interest in eradicating bias-motivated violence
referenced in section 249(b)(1)(C) of title 18, United States
Code.
(5) However, a complete understanding of the national
problem posed by hate crimes is hindered by incomplete data
from Federal, State, and local jurisdictions through the
Uniform Crime Reports program authorized under section 534 of
title 28, United States Code, and administered by the Federal
Bureau of Investigation.
(6) Multiple factors contribute to the provision of
inaccurate and incomplete data regarding the incidence of hate
crime through the Uniform Crime Reports program. A significant
contributing factor is the quality and quantity of training
that State and local law enforcement agencies receive on the
identification and reporting of suspected bias-motivated
crimes.
(7) The problem of crimes motivated by bias is sufficiently
serious, widespread, and interstate in nature as to warrant
Federal financial assistance to States and local jurisdictions.
(8) Federal financial assistance with regard to certain
violent crimes motivated by bias enables Federal, State, and
local authorities to work together as partners in the
investigation and prosecution of such crimes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Hate crime.--The term ``hate crime'' means an act
described in section 245, 247, or 249 of title 18, United
States Code, or in section 901 of the Civil Rights Act of 1968
(42 U.S.C. 3631).
(2) Priority agency.--The term ``priority agency'' means--
(A) a law enforcement agency of a unit of local
government that serves a population of not less than
100,000, as computed by the Federal Bureau of
Investigation; or
(B) a law enforcement agency of a unit of local
government that--
(i) serves a population of not less than
50,000 and less than 100,000, as computed by
the Federal Bureau of Investigation; and
(ii) has reported no hate crimes through
the Uniform Crime Reports program in each of
the 3 most recent calendar years for which such
data is available.
(3) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(4) Uniform crime reports.--The term ``Uniform Crime
Reports'' means the reports authorized under section 534 of
title 28, United States Code, and administered by the Federal
Bureau of Investigation that compile nationwide criminal
statistics for use--
(A) in law enforcement administration, operation,
and management; and
(B) to assess the nature and type of crime in the
United States.
(5) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
SEC. 4. REPORTING OF HATE CRIMES.
(a) Implementation Grants.--
(1) In general.--The Attorney General may make grants to
States and units of local government to assist the State or
unit of local government in implementing the National Incident-
Based Reporting System, including to train employees in
identifying and classifying hate crimes in the National
Incident-Based Reporting System.
(2) Priority.--In making grants under paragraph (1), the
Attorney General shall give priority to States and units of
local government with larger populations.
(b) Reporting.--
(1) Compliance.--
(A) In general.--Except as provided in subparagraph
(B), in each fiscal year beginning after the date that
is 3 years after the date on which a State or unit of
local government first receives a grant under
subsection (a), the State or unit of local government
shall provide to the Attorney General, through the
Uniform Crime Reporting system, information pertaining
to hate crimes committed in that jurisdiction during
the preceding fiscal year.
(B) Extensions; waiver.--The Attorney General--
(i) may provide a 120-day extension to a
State or unit of local government that is
making good faith efforts to comply with
subparagraph (A); and
(ii) shall waive the requirements of
subparagraph (A) if compliance with that
subparagraph by a State or unit of local
government would be unconstitutional under the
constitution of the State or of the State in
which the unit of local government is located,
respectively.
(2) Failure to comply.--If a State or unit of local
government that receives a grant under subsection (a) fails to
substantially comply with paragraph (1) of this subsection, the
State or unit of local government shall repay the grant in
full, plus reasonable interest and penalty charges allowable by
law or established by the Attorney General.
SEC. 5. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.
(a) Grants Authorized.--
(1) In general.--The Attorney General shall make grants to
States to create State-run hate crime reporting hotlines.
(2) Grant period.--A grant made under paragraph (1) shall
be for a period of not more than 5 years.
(b) Hotline Requirements.--A State shall ensure, with respect to a
hotline funded by a grant under subsection (a), that--
(1) the hotline directs individuals to--
(A) law enforcement if appropriate; and
(B) local support services;
(2) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to--
(A) any other agency of that State;
(B) any other State;
(C) the Federal Government; or
(D) any other person or entity;
(3) the staff members who operate the hotline are trained
to be knowledgeable about--
(A) applicable Federal, State, and local hate crime
laws; and
(B) local law enforcement resources and applicable
local support services; and
(4) the hotline is accessible to--
(A) individuals with limited English proficiency,
where appropriate; and
(B) individuals with disabilities.
(c) Best Practices.--The Attorney General shall issue guidance to
States on best practices for implementing the requirements of
subsection (b).
SEC. 6. INFORMATION COLLECTION BY STATES AND UNITS OF LOCAL GOVERNMENT.
(a) Definitions.--In this section:
(1) Applicable agency.--The term ``applicable agency'',
with respect to an eligible entity that is--
(A) a State, means--
(i) a law enforcement agency of the State;
and
(ii) a law enforcement agency of a unit of
local government within the State that--
(I) is a priority agency; and
(II) receives a subgrant from the
State under this section; and
(B) a unit of local government, means a law
enforcement agency of the unit of local government that
is a priority agency.
(2) Covered agency.--The term ``covered agency'' means--
(A) a State law enforcement agency; and
(B) a priority agency.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State; or
(B) a unit of local government that has a priority
agency.
(b) Grants.--
(1) In general.--The Attorney General may make grants to
eligible entities to assist covered agencies within the
jurisdiction of the eligible entity in conducting law
enforcement activities or crime reduction programs to prevent,
address, or otherwise respond to hate crime, particularly as
those activities or programs relate to reporting hate crimes
through the Uniform Crime Reports program, including--
(A) adopting a policy on identifying,
investigating, and reporting hate crimes;
(B) developing a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(C) establishing a unit specialized in identifying,
investigating, and reporting hate crimes;
(D) engaging in community relations functions
related to hate crime prevention and education such
as--
(i) establishing a liaison with formal
community-based organizations or leaders; and
(ii) conducting public meetings or
educational forums on the impact of hate
crimes, services available to hate crime
victims, and the relevant Federal, State, and
local laws pertaining to hate crimes; and
(E) providing hate crime trainings for agency
personnel.
(2) Subgrants.--A State that receives a grant under
paragraph (1) may award a subgrant to a priority agency of a
unit of local government within the State for the purposes
under that paragraph.
(c) Information Required of States and Units of Local Government.--
(1) In general.--For each fiscal year in which an eligible
entity receives a grant under subsection (b), the eligible
entity shall--
(A) collect information from each applicable agency
summarizing the law enforcement activities or crime
reduction programs conducted by the agency to prevent,
address, or otherwise respond to hate crime,
particularly as those activities or programs relate to
reporting hate crimes through the Uniform Crime Reports
program; and
(B) submit to the Attorney General a report
containing the information collected under subparagraph
(A).
(2) Semiannual law enforcement agency report.--
(A) In general.--In collecting the information
required under paragraph (1)(A), an eligible entity
shall require each applicable agency to submit a
semiannual report to the eligible entity that includes
a summary of the law enforcement activities or crime
reduction programs conducted by the agency during the
reporting period to prevent, address, or otherwise
respond to hate crime, particularly as those activities
or programs relate to reporting hate crimes through the
Uniform Crime Reports program.
(B) Contents.--In a report submitted under
subparagraph (A), a law enforcement agency shall, at a
minimum, disclose--
(i) whether the agency has adopted a policy
on identifying, investigating, and reporting
hate crimes;
(ii) whether the agency has developed a
standardized system of collecting, analyzing,
and reporting the incidence of hate crime;
(iii) whether the agency has established a
unit specialized in identifying, investigating,
and reporting hate crimes;
(iv) whether the agency engages in
community relations functions related to hate
crime, such as--
(I) establishing a liaison with
formal community-based organizations or
leaders; and
(II) conducting public meetings or
educational forums on the impact of
hate crime, services available to hate
crime victims, and the relevant
Federal, State, and local laws
pertaining to hate crime; and
(v) the number of hate crime trainings for
agency personnel, including the duration of the
trainings, conducted by the agency during the
reporting period.
(d) Compliance and Redirection of Funds.--
(1) In general.--Except as provided in paragraph (2),
beginning not later than 1 year after the date of this Act, an
eligible entity receiving a grant under subsection (b) shall
comply with subsection (c).
(2) Extensions; waiver.--The Attorney General--
(A) may provide a 120-day extension to an eligible
entity that is making good faith efforts to collect the
information required under subsection (c); and
(B) shall waive the requirements of subsection (c)
for a State or unit of local government if compliance
with that subsection by the State or unit of local
government would be unconstitutional under the
constitution of the State or of the State in which the
unit of local government is located, respectively.
SEC. 7. REQUIREMENTS OF THE ATTORNEY GENERAL.
(a) Information Collection and Analysis; Report.--In order to
improve the accuracy of data regarding the incidence of hate crime
provided through the Uniform Crime Reports program, and promote a more
complete understanding of the national problem posed by hate crime, the
Attorney General shall--
(1) collect and analyze the information provided by States
and units of local government under section 6 for the purpose
of developing policies related to the provision of accurate
data obtained under the Hate Crime Statistics Act (Public Law
101-275; 28 U.S.C. 534 note) by the Federal Bureau of
Investigation; and
(2) for each calendar year beginning after the date of
enactment of this Act, publish and submit to Congress a report
based on the information collected and analyzed under paragraph
(1).
(b) Contents of Report.--A report submitted under subsection (a)
shall include--
(1) a qualitative analysis of the relationship between--
(A) the number of hate crimes reported by State law
enforcement agencies or priority agencies through the
Uniform Crime Reports program; and
(B) the nature and extent of law enforcement
activities or crime reduction programs conducted by
those agencies to prevent, address, or otherwise
respond to hate crime; and
(2) a quantitative analysis of the number of State law
enforcement agencies and priority agencies that have--
(A) adopted a policy on identifying, investigating,
and reporting hate crimes;
(B) developed a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(C) established a unit specialized in identifying,
investigating, and reporting hate crimes;
(D) engaged in community relations functions
related to hate crime, such as--
(i) establishing a liaison with formal
community-based organizations or leaders; and
(ii) conducting public meetings or
educational forums on the impact of hate crime,
services available to hate crime victims, and
the relevant Federal, State, and local laws
pertaining to hate crime; and
(E) conducted hate crime trainings for agency
personnel during the reporting period, including--
(i) the total number of trainings conducted
by each agency; and
(ii) the duration of the trainings
described in clause (i).
SEC. 8. ALTERNATIVE SENTENCING.
Section 249 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Supervised Release.--If a court includes, as a part of a
sentence of imprisonment imposed for a violation of subsection (a), a
requirement that the defendant be placed on a term of supervised
release after imprisonment under section 3583, the court may order, as
an explicit condition of supervised release, that the defendant
undertake educational classes or community service directly related to
the community harmed by the defendant's offense.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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