No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5435 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5435
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
September 13, 2023
Ms. Escobar (for herself, Mr. Frost, Ms. Lee of Pennsylvania, Mr.
Higgins of New York, Mr. Blumenauer, Ms. Williams of Georgia, Mr.
Clyburn, Mr. Garamendi, and Ms. Porter) 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 ``Disarm Hate 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 `convicted in any court of a misdemeanor hate
crime'--
``(A) means being convicted by a court of an offense that--
``(i) is a misdemeanor under Federal, State, or
tribal law;
``(ii) 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), or disability of any person;
and
``(iii) involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or other credible threat to the physical safety of any
person; and
``(B) does not include--
``(i) a conviction of an offense described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) in the case of a prosecution for an
offense described in subparagraph (A) for which
a person was entitled to a jury trial in the
jurisdiction in which the case was tried--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) a conviction of an offense described in
subparagraph (A) if--
``(I) the conviction--
``(aa) has been expunged or set
aside; or
``(bb) is an offense for which the
person has been pardoned or has had
civil rights restored (if the law of
the applicable jurisdiction provides
for the loss of civil rights under such
an offense); and
``(II) the pardon, expungement, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.
``(37) The term `received from any court an enhanced hate crime
misdemeanor sentence'--
``(A) means a court has imposed a sentence for a
misdemeanor under Federal, State, or tribal law--
``(i) that involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or other credible threat to the physical safety of any
person; and
``(ii) 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)(A)(ii); and
``(B) does not include--
``(i) the imposition of a sentence described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) if the sentence described in
subparagraph (A) was imposed in a prosecution
for an offense for which a person was entitled
to a jury trial in the jurisdiction in which
the case was tried--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) the imposition of a sentence described in
subparagraph (A) if--
``(I)(aa) the conviction of the offense for
which the sentence was imposed has been
expunged or set aside; or
``(bb) the offense for which the sentence
was imposed is an offense for which the person
has been pardoned or has had civil rights
restored (if the law of the applicable
jurisdiction provides for the loss of civil
rights under such an offense); and
``(II) the pardon, expungement, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.''.
(b) Prohibition on Sale or Other Disposition of Firearm.--Section
922(d) of such title is amended in the first sentence--
(1) in paragraph (10), by striking ``or'' at the end;
(2) in paragraph (11)--
(A) by redesignating such paragraph as paragraph
(12); and
(B) by striking ``through (10)'' and inserting
``through (11)''; and
(3) by inserting after paragraph (10) the following:
``(11) has been convicted in any court of a misdemeanor
hate crime, or has received from any court an enhanced hate
crime misdemeanor sentence; or''.
(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,''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line