Republican Congress and Senate pass hate crimes bill as part of Defense spending Bill?!

Thomas - U.S. Congress on the internet ^

[Rightwing Conspiratr1]

This is currently in conference between the House and the Senate. The house passed it on the 28th.

H.R.4200

Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Engrossed Amendment as Agreed to by Senate)

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SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

(a) IN GENERAL- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 249. Hate crime acts

`(a) IN GENERAL-

`(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--

`(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

`(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

`(i) death results from the offense; or

`(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

`(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, OR DISABILITY-

`(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person--

`(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

`(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

`(I) death results from the offense; or

`(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

`(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--

`(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--

`(I) across a State line or national border; or

`(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

`(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

`(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

`(iv) the conduct described in subparagraph (A)--

`(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

`(II) otherwise affects interstate or foreign commerce.

`(b) CERTIFICATION REQUIREMENT- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--

`(1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and

`(2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that--

`(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;

`(B) the State has requested that the Federal Government assume jurisdiction;

`(C) the State does not object to the Federal Government assuming jurisdiction; or

`(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.

`(c) DEFINITIONS- In this section--

`(1) the term `explosive or incendiary device' has the meaning given the term in section 232 of this title; and

`(2) the term `firearm' has the meaning given the term in section 921(a) of this title.'.

(b) TECHNICAL AND CONFORMING AMENDMENT- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

`249. Hate crime acts.'.

SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

(a) AMENDMENT OF FEDERAL SENTENCING GUIDELINES- Pursuant to the authority provided under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes.

(b) CONSISTENCY WITH OTHER GUIDELINES- In carrying out this section, the United States Sentencing Commission shall--

(1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and

(2) avoid duplicative punishments for substantially the same offense.

[Rightwing Conspiratr1]

What the hell does this mean?

[Glenn]

What the hell does this mean?

That Orwell was a very prescient fellow.

[xrp]

Woohoo, cool. Now I'll have to avoid interaction with people of non-European stock in my everyday life and workplace as much as I can just like I have to avoid women in everyday life and in the workplace. You never know when the wrong word or joke slipping out can get you landed in prison or fired for sexual harassment or hate crime speech.

[Rightwing Conspiratr1]

the Federal interest in eradicating bias-motivated violence

I'm just guessing that it means mugging an old lesbian is a much worse crime than mugging an old lady.

[El Gato]

It's time for a Constitutional amendment to prohibit bills having more than one subject. The worst laws we get seem to come from these hidden or tacked on provisions in other bills. Bills that could not pass on their own. in this case hate crimes have nothing to do with funding the DoD. Many states have such provisions in their Constitutions, and laws have been overthrown because of those provisions.

While we are at it, we might want to eliminate the dual track "authorization" and "appropriation" process. It just makes more jobs for Congressional staff, ties up more military resources, and provides more opportunities for inserting pork into the budget. It also gives two opportunities for all sorts of mischief, such as this amendment.

[blackeagle]

ping read for later

[FairOpinion]

If it's in conference, hopefully they'll strip the hate crimes part out of it.

[risk]

I think you are on to something.

[The Old Hoosier]

It's expected to be removed in conference.

http://www.humaneventsonline.com/article.php?id=4308

[watchout]

What very the U.N want it get

[The Old Hoosier]

What very the U.N want it get

All your base are belong to us.

[Nova]

"What the hell does this mean?"

This section is directed solely at when someone;

"willfully causes bodily injury" to another who believes that their sexual, racial, etc. perceived identity was a motivating factor.

I'm not sure how broad the term "bodily injury" is.

But "injury" is punishable by 10 years and "death," "kidnapping," etc. by a term of life.

[NRA2BFree]

What the hell does this mean?

It means that the traitors in our government are out of control, and are going to try to legislate our free speech to protect 'special interest' groups.

[4Freedom]

It's the illegal alien protection act?