Disarm Hate Act

II 117TH CONGRESS 1ST SESSION S. 2090 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 SENATE OF THE UNITED STATES JUNE 16, 2021 Mr. CASEY (for himself, Mr. WYDEN, Mr. BLUMENTHAL, Ms. HIRONO, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. BOOKER, Mrs. FEINSTEIN, Mr. MARKEY, Mr. PADILLA, Mr. CARDIN, Mr. VAN HOLLEN, Mr. MURPHY, Ms. BALDWIN, Mr. MENENDEZ, Ms. DUCKWORTH, Mr. DURBIN, Mrs. GILLIBRAND, Mrs. SHAHEEN, and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent a person who has been convicted of a mis- demeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commis- sion, from obtaining a firearm. 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 ‘‘Disarm Hate Act’’. 4 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2090 IS SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CON- 1 VICTED OF A MISDEMEANOR HATE CRIME, 2 OR RECEIVED AN ENHANCED SENTENCE FOR 3 A MISDEMEANOR BECAUSE OF HATE OR BIAS 4 IN ITS COMMISSION, FROM OBTAINING A 5 FIREARM. 6 (a) DEFINITIONS.—Section 921(a) of title 18, United 7 States Code, is amended by adding at the end the fol- 8 lowing: 9 ‘‘(36) The term ‘convicted in any court of a mis- 10 demeanor hate crime’— 11 ‘‘(A) means being convicted by a court of an of- 12 fense that— 13 ‘‘(i) is a misdemeanor under Federal, 14 State, or tribal law; 15 ‘‘(ii) has, as an element, that the conduct 16 of the offender was motivated by hate or bias 17 because of the actual or perceived race, color, 18 religion, national origin, gender, sexual orienta- 19 tion, gender identity (as defined in section 20 249), or disability of any person; and 21 ‘‘(iii) involves the use or attempted use of 22 physical force, the threatened use of a deadly 23 weapon, or other credible threat to the physical 24 safety of any person; and 25 ‘‘(B) does not include— 26 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2090 IS ‘‘(i) a conviction of an offense described in 1 subparagraph (A), unless— 2 ‘‘(I) the person— 3 ‘‘(aa) was represented by counsel 4 in the case; or 5 ‘‘(bb) knowingly and intelligently 6 waived the right to counsel in the 7 case; and 8 ‘‘(II) in the case of a prosecution for 9 an offense described in subparagraph (A) 10 for which a person was entitled to a jury 11 trial in the jurisdiction in which the case 12 was tried— 13 ‘‘(aa) the case was tried by a 14 jury; or 15 ‘‘(bb) the person knowingly and 16 intelligently waived the right to have 17 the case tried by a jury, by guilty plea 18 or otherwise; or 19 ‘‘(ii) a conviction of an offense described in 20 subparagraph (A) if— 21 ‘‘(I) the conviction— 22 ‘‘(aa) has been expunged or set 23 aside; or 24 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2090 IS ‘‘(bb) is an offense for which the 1 person has been pardoned or has had 2 civil rights restored (if the law of the 3 applicable jurisdiction provides for the 4 loss of civil rights under such an of- 5 fense); and 6 ‘‘(II) the pardon, expungement, or 7 restoration of civil rights does not ex- 8 pressly provide that the person may not 9 ship, transport, possess, or receive fire- 10 arms. 11 ‘‘(37) The term ‘received from any court an enhanced 12 hate crime misdemeanor sentence’— 13 ‘‘(A) means a court has imposed a sentence for 14 a misdemeanor under Federal, State, or tribal law— 15 ‘‘(i) that involves the use or attempted use 16 of physical force, the threatened use of a deadly 17 weapon, or other credible threat to the physical 18 safety of any person; and 19 ‘‘(ii) based, in whole or in part, on a judi- 20 cial finding that the conduct of the offender 21 was motivated, in whole or in part, by hate or 22 bias for any reason referred to in paragraph 23 (36)(A)(ii); and 24 ‘‘(B) does not include— 25 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2090 IS ‘‘(i) the imposition of a sentence described 1 in subparagraph (A), unless— 2 ‘‘(I) the person— 3 ‘‘(aa) was represented by counsel 4 in the case; or 5 ‘‘(bb) knowingly and intelligently 6 waived the right to counsel in the 7 case; and 8 ‘‘(II) if the sentence described in sub- 9 paragraph (A) was imposed in a prosecu- 10 tion for an offense for which a person was 11 entitled to a jury trial in the jurisdiction in 12 which the case was tried— 13 ‘‘(aa) the case was tried by a 14 jury; or 15 ‘‘(bb) the person knowingly and 16 intelligently waived the right to have 17 the case tried by a jury, by guilty plea 18 or otherwise; or 19 ‘‘(ii) the imposition of a sentence described 20 in subparagraph (A) if— 21 ‘‘(I)(aa) the conviction of the offense 22 for which the sentence was imposed has 23 been expunged or set aside; or 24 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2090 IS ‘‘(bb) the offense for which the sen- 1 tence was imposed is an offense for which 2 the person has been pardoned or has had 3 civil rights restored (if the law of the appli- 4 cable jurisdiction provides for the loss of 5 civil rights under such an offense); and 6 ‘‘(II) the pardon, expungement, or 7 restoration of civil rights does not ex- 8 pressly provide that the person may not 9 ship, transport, possess, or receive fire- 10 arms.’’. 11 (b) PROHIBITION ON SALE OR OTHER DISPOSITION 12 OF FIREARM.—Section 922(d) of title 18, United States 13 Code, is amended— 14 (1) in paragraph (8), by striking ‘‘or’’ at the 15 end; 16 (2) in paragraph (9), by striking the period and 17 inserting ‘‘; or’’; and 18 (3) by inserting after paragraph (9) the fol- 19 lowing: 20 ‘‘(10) has been convicted in any court of a mis- 21 demeanor hate crime, or has received from any court 22 an enhanced hate crime misdemeanor sentence.’’. 23 VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2090 IS (c) PROHIBITION ON POSSESSION, SHIPMENT, OR 1 TRANSPORT OF FIREARM.—Section 922(g) of title 18, 2 United States Code, is amended— 3 (1) in paragraph (8), by striking ‘‘or’’ at the 4 end; 5 (2) in paragraph (9), by striking the comma 6 and inserting ‘‘; or’’; and 7 (3) by inserting after paragraph (9) the fol- 8 lowing: 9 ‘‘(10) who has been convicted in any court of 10 a misdemeanor hate crime, or has received from any 11 court an enhanced hate crime misdemeanor sen- 12 tence,’’. 13 Æ VerDate Sep 11 2014 05:18 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S2090.IS S2090 kjohnson on DSK79L0C42PROD with BILLS