Local Law Enforcement Hate Crimes Prevention Act of 2009
Latest action · Apr 30, 2009 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 2, 2009
- Passed HouseApr 29, 2009
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Local Law Enforcement Hate Crimes Prevention Act of 2009 - (Sec. 2) Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).
(Sec. 3) Authorizes the Attorney General, at the request of a state, local, or tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of a violent crime, a hate crime, or a crime that constitutes a felony under state, local, or tribal law. Directs the Attorney General, in providing such assistance, to give priority to cases involving crimes committed in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses.
Authorizes the Attorney General to award grants to state, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Office of Justice Programs of the Department of Justice (DOJ) to work with grantees to address the needs and concerns of all affected parties in implementing grants. Sets forth requirements governing the submission and approval of grant applications. Limits the amount of any grant to $100,000 for any single jurisdiction in any one-year period.
Requires the Attorney General to: (1) approve or deny a grant application within 180 days after receipt of such application; and (2) report to Congress by December 31, 2011, on the grant program.
Authorizes appropriations for FY2010-FY2011.
(Sec. 4) Authorizes the Office of Justice Programs to award grants to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 5) Authorizes appropriations for FY2010-FY2012 to increase DOJ personnel to assist state, local, and tribal law enforcement agencies in combating hate crimes.
(Sec. 6) Amends the federal criminal code to prohibit willfully causing bodily injury to any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Imposes a fine and/or prison term of up to 10 years for violations and a life term if a death results from a violation or certain other violent crimes are involved. Requires the Attorney General or other designated DOJ official to certify certain findings before initiating a prosecution for a hate crime. Sets a seven-year statute of limitations on prosecuting such an offense not resulting in death. Prohibits the admission of evidence as substantive evidence in a hate crime prosecution of the expression or associations of a defendant unless the evidence specifically relates to the hate crime offense.
(Sec. 7) Provides that any provision of this Act that is held to be unconstitutional shall be severable from the remaining provisions of this Act.
(Sec. 8) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 223 | On Passage | Passed249–175 | Apr 29, 2009 |
| House 222 | On Motion to Recommit with Instructions | Failed185–241 | Apr 29, 2009 |
Cosponsors 120
Members who signed on, in the order they did. Signatures ran from Apr 2, 2009 to Apr 27, 2009; 42 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-LA | Anh "Joseph" Cao | Original | Apr 2, 2009 |
| D-MA | Barney Frank | Original | Apr 2, 2009 |
| D-MN | Betty McCollum | Original | Apr 2, 2009 |
| D-MA | Bill Delahunt | Original | Apr 2, 2009 |
| D-IA | Bruce L. Braley | Original | Apr 2, 2009 |
| D-NY | Carolyn B. Maloney | Original | Apr 2, 2009 |
| D-FL | Corrine Brown | Original | Apr 2, 2009 |
| D-FL | Debbie Wasserman Schultz | Original | Apr 2, 2009 |
| D-OH | Dennis J. Kucinich | Original | Apr 2, 2009 |
| D-KS | Dennis Moore | Original | Apr 2, 2009 |
| D-CA | Diane E. Watson | Original | Apr 2, 2009 |
| D-OR | Earl Blumenauer | Original | Apr 2, 2009 |
| D-MD | Elijah E. Cummings | Original | Apr 2, 2009 |
| D-MI | Gary C. Peters | Original | Apr 2, 2009 |
| D-NY | Gary L. Ackerman | Original | Apr 2, 2009 |
| D-TX | Gene Green | Original | Apr 2, 2009 |
| D-CA | Howard L. Berman | Original | Apr 2, 2009 |
| R-FL | Ileana Ros-Lehtinen | Original | Apr 2, 2009 |
| D-MA | James P. McGovern | Original | Apr 2, 2009 |
| D-VA | James P. Moran | Original | Apr 2, 2009 |
| D-CO | Jared Polis | Original | Apr 2, 2009 |
| D-NY | Jerrold Nadler | Original | Apr 2, 2009 |
| D-MA | John W. Olver | Original | Apr 2, 2009 |
| D-NY | Jose E. Serrano | Original | Apr 2, 2009 |
| R-IL | Judy Biggert | Original | Apr 2, 2009 |
| D-FL | Kathy Castor | Original | Apr 2, 2009 |
| R-NJ | Leonard Lance | Original | Apr 2, 2009 |
| D-CA | Lois Capps | Original | Apr 2, 2009 |
| D-NY | Louise McIntosh Slaughter | Original | Apr 2, 2009 |
| D-CA | Lynn C. Woolsey | Original | Apr 2, 2009 |
| R-IL | Mark Kirk | Original | Apr 2, 2009 |
| R-CA | Mary Bono | Original | Apr 2, 2009 |
| D-OH | Mary Jo Kilroy | Original | Apr 2, 2009 |
| R-DE | Michael N. Castle | Original | Apr 2, 2009 |
| D-HI | Neil Abercrombie | Original | Apr 2, 2009 |
| D-NY | Nydia M. Velázquez | Original | Apr 2, 2009 |
| D-GA | Sanford D. Bishop, Jr. | Original | Apr 2, 2009 |
| D-NV | Shelley Berkley | Original | Apr 2, 2009 |
| D-OH | Steve Driehaus | Original | Apr 2, 2009 |
| D-NY | Steve Israel | Original | Apr 2, 2009 |
| D-WI | Tammy Baldwin | Original | Apr 2, 2009 |
| D-MO | Wm. Lacy Clay | Original | Apr 2, 2009 |
| D-NJ | Albio Sires | Apr 21, 2009 | |
| D-FL | Alcee L. Hastings | Apr 21, 2009 | |
| D-CA | Barbara Lee | Apr 21, 2009 | |
| D-CA | Bob Filner | Apr 21, 2009 | |
| D-MD | Chris Van Hollen | Apr 21, 2009 | |
| D-NY | Daniel B. Maffei | Apr 21, 2009 | |
| D-IL | Janice D. Schakowsky | Apr 21, 2009 | |
| D-NY | Joseph Crowley | Apr 21, 2009 | |
| D-MA | Michael E. Capuano | Apr 21, 2009 | |
| D-PA | Patrick J. Murphy | Apr 21, 2009 | |
| D-IL | Phil Hare | Apr 21, 2009 | |
| D-NJ | Rush Holt | Apr 21, 2009 | |
| D-TN | Steve Cohen | Apr 21, 2009 | |
| D-CA | Susan A. Davis | Apr 21, 2009 | |
| D-WA | Adam Smith | Apr 22, 2009 | |
| D-NY | Carolyn McCarthy | Apr 22, 2009 | |
| D-TX | Charles A. Gonzalez | Apr 22, 2009 | |
| D-NC | David E. Price | Apr 22, 2009 | |
| D-OR | David Wu | Apr 22, 2009 | |
| D-CA | Doris O. Matsui | Apr 22, 2009 | |
| D-AZ | Ed Pastor | Apr 22, 2009 | |
| D-DC | Eleanor Holmes Norton | Apr 22, 2009 | |
| D-AZ | Gabrielle Giffords | Apr 22, 2009 | |
| D-CA | George Miller | Apr 22, 2009 | |
| D-AZ | Harry E. Mitchell | Apr 22, 2009 | |
| D-SC | James E. Clyburn | Apr 22, 2009 | |
| D-MN | James L. Oberstar | Apr 22, 2009 | |
| D-CT | Joe Courtney | Apr 22, 2009 | |
| D-PA | Joe Sestak | Apr 22, 2009 | |
| D-GA | John Lewis | Apr 22, 2009 | |
| D-TX | Lloyd Doggett | Apr 22, 2009 | |
| D-CA | Lucille Roybal-Allard | Apr 22, 2009 | |
| D-IL | Mike Quigley | Apr 22, 2009 | |
| D-IN | Peter J. Visclosky | Apr 22, 2009 | |
| D-AZ | Raúl M. Grijalva | Apr 22, 2009 | |
| D-PA | Robert A. Brady | Apr 22, 2009 | |
| D-TX | Sheila Jackson Lee | Apr 22, 2009 | |
| R-PA | Todd Russell Platts | Apr 22, 2009 | |
| D-CA | Zoe Lofgren | Apr 22, 2009 | |
| D-CA | Brad Sherman | Apr 23, 2009 | |
| D-ME | Chellie Pingree | Apr 23, 2009 | |
| D-IL | Danny K. Davis | Apr 23, 2009 | |
| D-CA | Henry A. Waxman | Apr 23, 2009 | |
| D-RI | James R. Langevin | Apr 23, 2009 | |
| D-CA | Jane Harman | Apr 23, 2009 | |
| D-WA | Jay Inslee | Apr 23, 2009 | |
| D-TN | Jim Cooper | Apr 23, 2009 | |
| D-WA | Jim McDermott | Apr 23, 2009 | |
| D-NY | Maurice D. Hinchey | Apr 23, 2009 | |
| D-PA | Michael F. Doyle | Apr 23, 2009 | |
| D-FL | Ron Klein | Apr 23, 2009 | |
| D-NJ | Steven R. Rothman | Apr 23, 2009 | |
| D-AR | Vic Snyder | Apr 23, 2009 | |
| D-TX | Al Green | Apr 27, 2009 | |
| D-IN | André Carson | Apr 27, 2009 | |
| D-NJ | Bill Pascrell, Jr. | Apr 27, 2009 | |
| D-NC | Brad Miller | Apr 27, 2009 | |
| D-PA | Chaka Fattah | Apr 27, 2009 | |
| D-IA | David Loebsack | Apr 27, 2009 | |
| D-CO | Diana DeGette | Apr 27, 2009 | |
| D-MA | Edward J. Markey | Apr 27, 2009 | |
| D-NY | Eliot L. Engel | Apr 27, 2009 | |
| D-MO | Emanuel Cleaver | Apr 27, 2009 | |
| D-VA | Gerald E. Connolly | Apr 27, 2009 | |
| D-WI | Gwen Moore | Apr 27, 2009 | |
| D-GA | Henry C. "Hank" Johnson, Jr. | Apr 27, 2009 | |
| D-IL | Jesse L. Jackson, Jr. | Apr 27, 2009 | |
| D-CA | Joe Baca | Apr 27, 2009 | |
| D-KY | John A. Yarmuth | Apr 27, 2009 | |
| D-CA | Loretta Sanchez | Apr 27, 2009 | |
| D-OH | Marcia L. Fudge | Apr 27, 2009 | |
| D-HI | Mazie K. Hirono | Apr 27, 2009 | |
| D-NY | Michael E. McMahon | Apr 27, 2009 | |
| D-RI | Patrick J. Kennedy | Apr 27, 2009 | |
| D-PR | Pedro R. Pierluisi | Apr 27, 2009 | |
| D-MO | Russ Carnahan | Apr 27, 2009 | |
| D-CA | Sam Farr | Apr 27, 2009 | |
| D-NY | Yvette D. Clarke | Apr 27, 2009 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Apr 2, 2009Markup Apr 23, 2009Reported Apr 29, 2009 |
| Senate | Judiciary Committee | Referred Apr 30, 2009 |
Actions 21
Everything that happened, newest first.
- Apr 30, 2009Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Apr 29, 2009Rule H. Res. 372 passed House.
- Apr 29, 2009Considered under the provisions of rule H. Res. 372. (consideration: CR H4940-4958)
- Apr 29, 2009Rule provides for consideration of H.R. 1913 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, modified by the amendment printed in this report, shall be considered as adopted and the bill, as amended, shall be considered as read.
- Apr 29, 2009DEBATE - The House proceeded with one hour and twenty minutes of debate on H.R. 1913.
In the Congressional Record 9
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H6542, H6543 | Sheila Jackson Lee D-TX, Steve Cohen D-TN | Jun 11, 2009 |
| Extensions | Debate and remarks E1179 | Jared Polis D-CO | May 15, 2009 |
| Extensions | Debate and remarks E1083 | Lucille Roybal-Allard D-CA | May 7, 2009 |
| Extensions | Debate and remarks E1072 | Gary C. Peters D-MI | May 6, 2009 |
| House · Extensions | Debate and remarks E1028, E1032, E1035, E1038, H5046, H5056–H5058 | Betty McCollum D-MN, James R. Langevin D-RI, Janice D. Schakowsky D-IL, John Lewis D-GA, Steve King R-IA, Todd Tiahrt R-KS | Apr 30, 2009 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 2
- Apr 27, 2009H.R. 1913, Local Law Enforcement Hate Crimes Prevention Act of 2009<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 23, 2009</p>
- Apr 27, 2009H.R. 1913, Local Law Enforcement Hate Crimes Prevention Act of 2009Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 23, 2009
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R40567 | Defense: FY2010 Authorization and Appropriations Archived | Report | Dec 23, 2009 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 372 | Providing for consideration of the bill (H.R. 1913) to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes. | Procedurally related | Apr 29, 2009 |
| S 909 | Matthew Shepard Hate Crimes Prevention Act | Related bill | Apr 28, 2009 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.
- Short Titles as Introduced
- Local Law Enforcement Hate Crimes Prevention Act of 2009
- Short Titles as Reported to House
- Local Law Enforcement Hate Crimes Prevention Act of 2009
- Short Titles as Passed House
- Local Law Enforcement Hate Crimes Prevention Act of 2009
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Crime and Law Enforcement
- Criminal investigation, prosecution, interrogation
- Criminal procedure and sentencing
- Department of Justice
- Evidence and witnesses
- Executive agency funding and structure
- Federal-Indian relations
- Firearms and explosives
- First Amendment rights
- Hate crimes
- Intergovernmental relations
- Juvenile crime and gang violence
- Law enforcement administration and funding
- Racial and ethnic relations
- Religion
- Sex, gender, sexual orientation discrimination
- State and local government operations
- Violent crime
Text 4
Each version as it was printed, newest first.
- Apr 30, 2009Referred in Senate
- Apr 29, 2009Engrossed in House
- Apr 27, 2009Reported in House
- Apr 2, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
