Federal

Stop Hate Crimes Act of 2023

Source: Congress.gov · 350 words in original text

What This Bill Does

This bill changes how federal hate crime law describes what causes someone to commit a hate crime. Instead of requiring that a crime happen "because of" someone's race, color, religion, national origin or disability, the bill says a crime qualifies as a hate crime if bias "was a contributory motivating factor" (meaning one of several reasons) for the crime. The bill amends the existing federal hate crime statute in title 18 of United States Code.

Who It Affects

Federal prosecutors and courts that handle hate crime cases. Individuals accused or convicted of federal hate crimes.

Key Provisions

• The bill changes Section 249(a)(1) of title 18 to say that a crime is a hate crime "if" bias toward someone's race, color, religion or national origin "was a contributory motivating factor for causing or attempting to cause" injury, rather than requiring the bias be the only or primary cause. (Sec. 2) • The bill makes the same change to Section 249(a)(2)(A) regarding crimes motivated by bias toward someone's disability. (Sec. 2)

What Changes

Prosecutors will be able to prove a federal hate crime when bias is one of several reasons for committing the crime, rather than having to show it was the sole or primary reason.

Important Definitions

None defined in bill text.

I 118TH CONGRESS 1ST SESSION H. R. 1091 To amend title 18, United States Code, to clarify the causation element in the Federal hate crime statute, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 17, 2023 Mr. LIEU (for himself, Mrs. MCBATH, Mr. SWALWELL, Ms. GARCIA of Texas, Mr. PANETTA, Mr. BLUMENAUER, Mr. IVEY, Mrs. HAYES, Ms. ESCOBAR, Mr. CASTRO of Texas, Mr. JOHNSON of Georgia, Ms. CHU, Ms. WIL- LIAMS of Georgia, Ms. VELA´ZQUEZ, Mr. DAVIS of Illinois, Ms. MENG, and Mr. TAKANO) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to clarify the causa- tion element in the Federal hate crime statute, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Hate Crimes Act 4 of 2023’’. 5 VerDate Sep 11 2014 23:31 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1091.IH H1091 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1091 IH SEC. 2. CLARIFICATION AS TO CAUSATION ELEMENT IN 1 HATE CRIMES. 2 Section 249(a) of title 18, United States Code, is 3 amended— 4 (1) in paragraph (1), in the matter preceding 5 subparagraph (A)— 6 (A) by striking ‘‘because of’’ and inserting 7 ‘‘if’’; and 8 (B) by inserting after ‘‘origin of any per- 9 son’’ the following: ‘‘was a contributory moti- 10 vating factor for causing or attempting to cause 11 such injury’’; and 12 (2) in paragraph (2)(A), in the matter pre- 13 ceding clause (i)— 14 (A) by striking ‘‘because of’’ and inserting 15 ‘‘if’’; and 16 (B) by inserting after ‘‘disability of any 17 person’’ the following: ‘‘was a contributory mo- 18 tivating factor for causing or attempting to 19 cause such injury’’. 20 Æ VerDate Sep 11 2014 23:31 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H1091.IH H1091 kjohnson on DSK79L0C42PROD with BILLS

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