Disarm Hate Act

I 116TH CONGRESS 1ST SESSION H. R. 2708 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 MAY 14, 2019 Mr. CICILLINE (for himself, Ms. ADAMS, Ms. BASS, Mr. BEYER, Mr. BLU- MENAUER, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. BROWNLEY of California, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARSON of Indiana, Ms. CASTOR of Florida, Ms. JUDY CHU of Cali- fornia, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLAY, Mr. COHEN, Mr. CONNOLLY, Mr. COX of California, Mr. CRIST, Mr. CROW, Mr. CUMMINGS, Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Ms. DEAN, Ms. DELAURO, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. ESHOO, Mr. ESPAILLAT, Mr. FOSTER, Ms. FRANKEL, Mr. GARCI´A of Illinois, Ms. GARCIA of Texas, Mr. GREEN of Texas, Mr. GRI- JALVA, Ms. HAALAND, Mr. HASTINGS, Mrs. HAYES, Ms. HILL of Cali- fornia, Ms. HOULAHAN, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KHANNA, Mr. KILDEE, Mr. KRISHNAMOORTHI, Mr. LANGEVIN, Mr. LARSON of Connecticut, Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of Michigan, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. LOWEY, Mr. LYNCH, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. MORELLE, Ms. MUCARSEL-POWELL, Mr. NADLER, Ms. NORTON, Mr. PALLONE, Mr. PAYNE, Mr. QUIGLEY, Ms. OMAR, Mr. PERLMUTTER, Mr. RASKIN, Mr. ROUDA, Mr. ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SHALALA, Ms. SHERRILL, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPEIER, Mr. SUOZZI, Mr. SWALWELL of California, Mr. TAKANO, Ms. TITUS, Mr. THOMPSON of California, Mr. TONKO, Mr. TRONE, Mr. VARGAS, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Ms. WEXTON, and Ms. WILSON of Florida) in- troduced the following bill; which was referred to the Committee on the Judiciary VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 2 •HR 2708 IH 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 SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CON- 5 VICTED OF A MISDEMEANOR HATE CRIME, 6 OR RECEIVED AN ENHANCED SENTENCE FOR 7 A MISDEMEANOR BECAUSE OF HATE OR BIAS 8 IN ITS COMMISSION, FROM OBTAINING A 9 FIREARM. 10 (a) DEFINITIONS.—Section 921(a) of title 18, United 11 States Code, is amended by adding at the end the fol- 12 lowing: 13 ‘‘(36) The term ‘convicted in any court of a mis- 14 demeanor hate crime’— 15 ‘‘(A) means being convicted by a court of an of- 16 fense that— 17 ‘‘(i) is a misdemeanor under Federal, 18 State, or tribal law; 19 ‘‘(ii) has, as an element, that the conduct 20 of the offender was motivated by hate or bias 21 VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 3 •HR 2708 IH because of the actual or perceived race, color, 1 religion, national origin, gender, sexual orienta- 2 tion, gender identity (as defined in section 3 249), or disability of any person; and 4 ‘‘(iii) involves the use or attempted use of 5 physical force, the threatened use of a deadly 6 weapon, or other credible threat to the physical 7 safety of any person; and 8 ‘‘(B) does not include— 9 ‘‘(i) a conviction of an offense described in 10 subparagraph (A), unless— 11 ‘‘(I) the person— 12 ‘‘(aa) was represented by counsel 13 in the case; or 14 ‘‘(bb) knowingly and intelligently 15 waived the right to counsel in the 16 case; and 17 ‘‘(II) in the case of a prosecution for 18 an offense described in subparagraph (A) 19 for which a person was entitled to a jury 20 trial in the jurisdiction in which the case 21 was tried— 22 ‘‘(aa) the case was tried by a 23 jury; or 24 VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 4 •HR 2708 IH ‘‘(bb) the person knowingly and 1 intelligently waived the right to have 2 the case tried by a jury, by guilty plea 3 or otherwise; or 4 ‘‘(ii) a conviction of an offense described in 5 subparagraph (A) if— 6 ‘‘(I) the conviction— 7 ‘‘(aa) has been expunged or set 8 aside; or 9 ‘‘(bb) is an offense for which the 10 person has been pardoned or has had 11 civil rights restored (if the law of the 12 applicable jurisdiction provides for the 13 loss of civil rights under such an of- 14 fense); and 15 ‘‘(II) the pardon, expungement, or 16 restoration of civil rights does not ex- 17 pressly provide that the person may not 18 ship, transport, possess, or receive fire- 19 arms. 20 ‘‘(37) The term ‘received from any court an enhanced 21 hate crime misdemeanor sentence’— 22 ‘‘(A) means a court has imposed a sentence for 23 a misdemeanor under Federal, State, or tribal law— 24 VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 5 •HR 2708 IH ‘‘(i) that involves the use or attempted use 1 of physical force, the threatened use of a deadly 2 weapon, or other credible threat to the physical 3 safety of any person; and 4 ‘‘(ii) based, in whole or in part, on a judi- 5 cial finding that the conduct of the offender 6 was motivated, in whole or in part, by hate or 7 bias for any reason referred to in paragraph 8 (36)(A)(ii); and 9 ‘‘(B) does not include— 10 ‘‘(i) the imposition of a sentence described 11 in subparagraph (A), unless— 12 ‘‘(I) the person— 13 ‘‘(aa) was represented by counsel 14 in the case; or 15 ‘‘(bb) knowingly and intelligently 16 waived the right to counsel in the 17 case; and 18 ‘‘(II) if the sentence described in sub- 19 paragraph (A) was imposed in a prosecu- 20 tion for an offense for which a person was 21 entitled to a jury trial in the jurisdiction in 22 which the case was tried— 23 ‘‘(aa) the case was tried by a 24 jury; or 25 VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 6 •HR 2708 IH ‘‘(bb) the person knowingly and 1 intelligently waived the right to have 2 the case tried by a jury, by guilty plea 3 or otherwise; or 4 ‘‘(ii) the imposition of a sentence described 5 in subparagraph (A) if— 6 ‘‘(I)(aa) the conviction of the offense 7 for which the sentence was imposed has 8 been expunged or set aside; or 9 ‘‘(bb) the offense for which the sen- 10 tence was imposed is an offense for which 11 the person has been pardoned or has had 12 civil rights restored (if the law of the appli- 13 cable jurisdiction provides for the loss of 14 civil rights under such an offense); and 15 ‘‘(II) the pardon, expungement, or 16 restoration of civil rights does not ex- 17 pressly provide that the person may not 18 ship, transport, possess, or receive fire- 19 arms.’’. 20 (b) PROHIBITION ON SALE OR OTHER DISPOSITION 21 OF FIREARM.—Section 922(d) of such title is amended in 22 the first sentence— 23 (1) in paragraph (8)(B)(ii), by striking ‘‘or’’ at 24 the end; 25 VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS 7 •HR 2708 IH (2) in paragraph (9), by striking the period and 1 inserting ‘‘; or’’; and 2 (3) by inserting after paragraph (9) the fol- 3 lowing: 4 ‘‘(10) has been convicted in any court of a mis- 5 demeanor hate crime, or has received from any court 6 an enhanced hate crime misdemeanor sentence.’’. 7 (c) PROHIBITION ON POSSESSION, SHIPMENT, OR 8 TRANSPORT OF FIREARM.—Section 922(g) of such title 9 is amended— 10 (1) in paragraph (8), by striking ‘‘or’’ at the 11 end; 12 (2) in paragraph (9), by striking the comma 13 and inserting ‘‘; or’’; and 14 (3) by inserting after paragraph (9) the fol- 15 lowing: 16 ‘‘(10) who has been convicted in any court of 17 a misdemeanor hate crime, or has received from any 18 court an enhanced hate crime misdemeanor sen- 19 tence,’’. 20 Æ VerDate Sep 11 2014 06:30 May 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H2708.IH H2708 kjohnson on DSK79L0C42 with BILLS