Leading Against White Supremacy Act of 2023
This bill expands federal hate crime offenses to include acts motivated by white supremacy.
The bill also establishes a standard for determining whether a person engaged in a white supremacy inspired hate crime, sets forth the elements of related conspiracies, and authorizes the Department of Justice to investigate, prosecute, and maintain records of white supremacy inspired hate crimes and related conspiracies.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 61 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 61
To prevent and prosecute white supremacy inspired hate crime and
conspiracy to commit white supremacy inspired hate crime and to amend
title 18, United States Code, to expand the scope of hate crimes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent and prosecute white supremacy inspired hate crime and
conspiracy to commit white supremacy inspired hate crime and to amend
title 18, United States Code, to expand the scope of hate crimes.
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 ``Leading Against White Supremacy Act
of 2023''.
SEC. 2. WHITE SUPREMACY INSPIRED HATE CRIME.
(a) In General.--A person engages in a white supremacy inspired
hate crime when white supremacy ideology has motivated the planning,
development, preparation, or perpetration of actions that constituted a
crime or were undertaken in furtherance of activity that, if
effectuated, would have constituted a crime.
(b) Conspiracy.--A conspiracy to engage in white supremacy inspired
hate crime shall be determined to exist--
(1) between two or more persons engaged in the planning,
development, preparation, or perpetration of a white supremacy
inspired hate crime; or
(2) between two or more persons--
(A) at least one of whom engaged in the planning,
development, preparation, or perpetration of a white
supremacy inspired hate crime; and
(B) at least one of whom published material
advancing white supremacy, white supremacist ideology,
antagonism based on ``replacement theory'', or hate
speech that vilifies or is otherwise directed against
any non-White person or group, and such published
material--
(i) was published on a social media
platform or by other means of publication with
the likelihood that it would be viewed by
persons who are predisposed to engaging in any
action in furtherance of a white supremacy
inspired hate crime, or who are susceptible to
being encouraged to engage in actions in
furtherance of a white supremacy inspired hate
crime;
(ii) could, as determined by a reasonable
person, motivate actions by a person
predisposed to engaging in a white supremacy
inspired hate crime or by a person who is
susceptible to being encouraged to engage in
actions relating to a white supremacy inspired
hate crime; and
(iii) was read, heard, or viewed by a
person who engaged in the planning,
development, preparation, or perpetration of a
white supremacy inspired hate crime.
(c) Department of Justice Authority, Enforcement, Monitoring, and
Reporting.--The Department shall have authority to conduct operations
and activities pursuant to this section, specifically--
(1) with regard to information or evidence obtained by the
Department of any action cited in this section, the Department
shall have the authority to investigate, intercede, and
undertake other actions that it deems necessary and appropriate
to interdict, mitigate, or prevent such action from culminating
in violent activity;
(2) the Department shall have the authority to prosecute
persons who engaged in actions cited in this section; and
(3) the Uniform Crime Reporting Program in the Department
of Justice shall maintain records of white supremacy inspired
hate crimes and related actions cited in this section, and
enforcement actions in response thereto.
The Department shall provide annual reports to the appropriate
committees in Congress that shall include information cited in this
paragraph.
SEC. 3. CRIMINAL OFFENSE.
Section 249(a)(1) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A) by inserting
after ``race, color, religion, or national origin of any
person'' the following: ``, or because of a white supremacy
based motivation against any person''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the offense was in furtherance of a
white supremacy based motivation.''.
SEC. 4. FINDINGS.
Section 4702 of the Matthew Shepard and James Byrd Jr. Hate Crimes
Prevention Act (18 U.S.C. 249 note) is amended by adding at the end the
following:
``(11) Mass shootings and other hate crimes motivated by
white supremacy have been increasing in frequency and
intensity. These heinous and virulent crimes are inspired by
conspiracy theories, blatant bigotry, and mythical falsehoods
such as ``replacement theory''. All instances must be prevented
and severe criminal penalties must be applied to their
perpetrators.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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