OpenCongress Summary:
4/2/2009--Introduced.
Local Law Enforcement Hate Crimes Prevention Act of 2009 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that:
(1) constitutes a crime of violence under federal law or a felony under state, local, or Indian tribal law; and
(2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the state, local, or tribal hate crime laws. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement agencies with such extraordinary expenses. Directs the Office of Justice Programs to:
(1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and
(2) award grants to state and local programs designed to combat hate crimes committed by juveniles. Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include:
(1) crimes manifesting prejudice based on gender and gender identity; and
(2) hate crimes committed by and against juveniles. Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.
This is one of the most important bills to stop to date. Even though the sponsors say that it does not prohibit free speech, the language in the bill is so vague that it is very possible that it could be interpreted to impact free speech. To show the real intentions of the sponsors of this bill, Rep. Steve King (R-Iowa) attempted to add an amendment stating that sexual orientation in the bill would not be defined in a way that included pedophiles. Rep. Tammy Baldlwin (D-Wisc) objected calling it "unnecessary and inflammatory". Debate was immediately cut off before any conservatives could respond and a vote was called, thereby stopping the amendment. Shawn D. Akers, Policy Analyst with Liberty Counsel lists these areas of concerns and are good talking points in calling your Senators. You can read his article here.
A. Unequal Protection of Laws Under 14th Amendment
B. Punishes Thought (Potentially Religious or Political thought) rather than Mere Intent to Commit a Crime
C. Wider Immediate Application than Claimed
D. Federal Power Grab
E. Trend of Nationalization of State and Local Law and the Internationalization of Federal Law; And a Corresponding rise in Anti-Semitic and Anti-Christian activity
F. Incremental Move Toward Making Speech a Federal Crime
This bill has passed the House and is headed to the Senate. Please call your Senators and demand that they do not vote yes on this bill. You can call the Congressional Switchboard at 202-225-3121 or 202-224-3121.
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