Protecting Political Expression Act of 2020

Protecting Political Expression Act of 2020

This bill specifies that certain offenses involving political affiliation are hate crimes. A violator is subject to criminal penalties—a prison term, a fine, or both. Further, the bill prohibits discrimination based on political affiliation in areas involving housing, federally assisted programs, and employment.

The bill defines political affiliation to include, among other actions, joining, belonging to, or withdrawing from any political party, political action committee, or super political action committee.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8852 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8852

    To amend title 18, United States Code, to provide that offenses 
committed on the basis of political affiliation constitute hate crimes, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2020

Ms. Gabbard (for herself and Mr. Gaetz) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
      to the Committee on Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide that offenses 
committed on the basis of political affiliation constitute hate crimes, 
                        and for other purposes.

    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 ``Protecting Political Expression Act 
of 2020''.

SEC. 2. POLITICAL AFFILIATION HATE CRIMES.

    (a) Civil Rights Crimes.--Section 245 of title 18, United States 
Code, is amended by striking ``or national origin'' each place it 
appears and inserting ``, national origin, or political affiliation (as 
such term is defined in the Protecting Political Expression Act of 
2020)''.
    (b) Damage to Religious Property.--Section 247(c) of title 18, 
United States Code, is amended by striking ``or ethnic 
characteristics'' and inserting ``ethnic characteristics, or political 
affiliation (as such term is defined in the Protecting Political 
Expression Act of 2020)''.
    (c) Hate Crime Acts.--Section 249 of title 18, United States Code, 
is amended by inserting ``political affiliation,'' after ``actual or 
perceived'' each place it appears.
    (d) Intimidation in Fair Housing.--Section 901 of the Civil Rights 
Act of 1968 (42 U.S.C. 3631) is amended by striking ``or national 
origin'' each place it appears and inserting ``national origin, or 
political affiliation (as such term is defined in the Protecting 
Political Expression Act of 2020)''.
    (e) Sentencing Enhancements for Hate Crimes.--Section 280003(a) of 
the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 
994 note) is amended by striking ``or sexual orientation'' and 
inserting ``, sexual orientation, or political affiliation (as such 
term is defined in the Protecting Political Expression Act of 2020)''.

SEC. 3. DATA COLLECTION; REPORT.

    (a) Data Collection.--The Attorney General shall collect data on 
instances of alleged offenses under section 245 of title 18, United 
States Code, committed on the basis of political affiliation, including 
details about the alleged offense and its outcome, including 
demographic information of victim and the accused.
    (b) Report.--The Attorney General shall submit to Congress, on an 
annual basis, for the 5 years after the date of enactment of this Act, 
a report on the data collected under subsection (a), including an 
assessment of why such offenses are occurring, and recommendations on 
how to prevent such offenses. Reports under this subsection may not 
contain any information that may reveal the identity of an individual 
crime victim.

SEC. 4. NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended by striking ``or national origin'' and inserting ``national 
origin, or political affiliation (as such term is defined in the 
Protecting Political Expression Act of 2020)''.

SEC. 5. NONDISCRIMINATION IN EMPLOYMENT.

    Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
is amended--
            (1) in section 703, by striking ``or national origin'' each 
        place it appears and inserting ``national origin, or political 
        affiliation (as such term is defined in the Protecting 
        Political Expression Act of 2020)''; and
            (2) in section 704, by striking ``or national origin'' and 
        inserting ``national origin, or political affiliation (as such 
        term is defined in the Protecting Political Expression Act of 
        2020)''.

SEC. 6. DEFINITION OF POLITICAL AFFILIATION.

    In this Act, the term ``political affiliation'' means any of the 
following:
            (1) Joining, belonging to, or withdrawing from any 
        political party, political action committee, or super-PAC.
            (2) Expressing support for, opposition to, or indifference 
        toward a matter of controverted political interest.
            (3) Contributing, whether financially or in-kind, to any 
        ballot question, referendum, legislation, political candidate, 
        political party, political action committee, or super-PAC.
            (4) Endorsing or expressing support for, opposition to, or 
        indifference toward any ballot question, referendum, 
        legislation, political candidate, political party, political 
        action committee, or super-PAC.
Such term shall not be construed to prevent a mission-oriented 
organization or entity from taking otherwise lawful steps to preserve 
the integrity of its mission.
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