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H.R.3132 TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION
Thomas ^ | 09.15.2005 | Rep Sensenbrenner, F. James, Jr., et al

Posted on 09/29/2005 11:54:59 PM PDT by Anthem

Bill Summary & Status for the 109th Congress



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H.R.3132
Title: To make improvements to the national sex offender registration program, and for other purposes.


Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 6/30/2005)      Cosponsors (88)


Related Bills: H.RES.436H.R.3133
Latest Major Action: 9/15/2005 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
House Reports: 109-218 Part 1, 109-218 Part 2


COSPONSORS(88), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

Rep Alexander, Rodney [LA-5] - 7/27/2005 Rep Bachus, Spencer [AL-6] - 7/14/2005
Rep Baker, Richard H. [LA-6] - 7/14/2005 Rep Barrow, John [GA-12] - 9/6/2005
Rep Boehlert, Sherwood [NY-24] - 9/6/2005 Rep Boozman, John [AR-3] - 9/6/2005
Rep Boswell, Leonard L. [IA-3] - 7/14/2005 Rep Boustany, Charles W., Jr. [LA-7] - 7/20/2005
Rep Brown-Waite, Ginny [FL-5] - 6/30/2005 Rep Burton, Dan [IN-5] - 7/14/2005
Rep Calvert, Ken [CA-44] - 9/8/2005 Rep Cannon, Chris [UT-3] - 7/27/2005
Rep Cantor, Eric [VA-7] - 7/27/2005 Rep Capito, Shelley Moore [WV-2] - 7/26/2005
Rep Chabot, Steve [OH-1] - 6/30/2005 Rep Chandler, Ben [KY-6] - 7/28/2005
Rep Coble, Howard [NC-6] - 7/28/2005 Rep Cramer, Robert E. (Bud), Jr. [AL-5] - 6/30/2005
Rep DeLay, Tom [TX-22] - 6/30/2005 Rep Feeney, Tom [FL-24] - 7/14/2005
Rep Foley, Mark [FL-16] - 6/30/2005 Rep Forbes, J. Randy [VA-4] - 7/14/2005
Rep Fossella, Vito [NY-13] - 9/6/2005 Rep Franks, Trent [AZ-2] - 7/14/2005
Rep Gallegly, Elton [CA-24] - 7/19/2005 Rep Gibbons, Jim [NV-2] - 9/6/2005
Rep Gillmor, Paul E. [OH-5] - 6/30/2005 Rep Goode, Virgil H., Jr. [VA-5] - 7/25/2005
Rep Granger, Kay [TX-12] - 7/20/2005 Rep Graves, Sam [MO-6] - 6/30/2005
Rep Green, Gene [TX-29] - 7/25/2005 Rep Green, Mark [WI-8] - 6/30/2005
Rep Harris, Katherine [FL-13] - 7/28/2005 Rep Hart, Melissa A. [PA-4] - 7/25/2005
Rep Hastings, Doc [WA-4] - 9/8/2005 Rep Herseth, Stephanie [SD] - 7/19/2005
Rep Jenkins, William L. [TN-1] - 7/19/2005 Rep Jindal, Bobby [LA-1] - 7/14/2005
Rep Keller, Ric [FL-8] - 7/19/2005 Rep Kennedy, Mark R. [MN-6] - 7/19/2005
Rep King, Peter T. [NY-3] - 7/27/2005 Rep King, Steve [IA-5] - 7/27/2005
Rep Kline, John [MN-2] - 7/27/2005 Rep Kuhl, John R. "Randy", Jr. [NY-29] - 7/20/2005
Rep Latham, Tom [IA-4] - 7/25/2005 Rep LoBiondo, Frank A. [NJ-2] - 7/28/2005
Rep Lofgren, Zoe [CA-16] - 9/8/2005 Rep Lungren, Daniel E. [CA-3] - 9/6/2005
Rep McCaul, Michael T. [TX-10] - 9/6/2005 Rep McHugh, John M. [NY-23] - 9/6/2005
Rep McIntyre, Mike [NC-7] - 9/6/2005 Rep McMorris, Cathy [WA-5] - 7/19/2005
Rep Miller, Candice S. [MI-10] - 9/6/2005 Rep Miller, Gary G. [CA-42] - 7/25/2005
Rep Moore, Dennis [KS-3] - 9/6/2005 Rep Norwood, Charlie [GA-9] - 9/6/2005
Rep Osborne, Tom [NE-3] - 7/25/2005 Rep Pence, Mike [IN-6] - 7/14/2005
Rep Peterson, Collin C. [MN-7] - 7/19/2005 Rep Pickering, Charles W. (Chip) [MS-3] - 7/28/2005
Rep Poe, Ted [TX-2] - 6/30/2005 Rep Pomeroy, Earl [ND] - 6/30/2005
Rep Porter, Jon C. [NV-3] - 7/19/2005 Rep Price, Tom [GA-6] - 7/28/2005
Rep Pryce, Deborah [OH-15] - 7/25/2005 Rep Putnam, Adam H. [FL-12] - 9/6/2005
Rep Rehberg, Dennis R. [MT] - 7/26/2005 Rep Reichert, David G. [WA-8] - 7/25/2005
Rep Reynolds, Thomas M. [NY-26] - 7/26/2005 Rep Rogers, Mike D. [AL-3] - 7/28/2005
Rep Ross, Mike [AR-4] - 7/27/2005 Rep Royce, Edward R. [CA-40] - 7/14/2005
Rep Ryan, Paul [WI-1] - 9/6/2005 Rep Schakowsky, Janice D. [IL-9] - 9/6/2005
Rep Schiff, Adam B. [CA-29] - 7/28/2005 Rep Sessions, Pete [TX-32] - 9/8/2005
Rep Shaw, E. Clay, Jr. [FL-22] - 7/25/2005 Rep Smith, Adam [WA-9] - 9/8/2005
Rep Smith, Christopher H. [NJ-4] - 7/27/2005 Rep Smith, Lamar [TX-21] - 7/19/2005
Rep Souder, Mark E. [IN-3] - 7/28/2005 Rep Terry, Lee [NE-2] - 7/20/2005
Rep Walden, Greg [OR-2] - 9/6/2005 Rep Weldon, Curt [PA-7] - 7/28/2005
Rep Westmoreland, Lynn A. [GA-8] - 7/28/2005 Rep Whitfield, Ed [KY-1] - 7/28/2005
Rep Wilson, Joe [SC-2] - 7/20/2005 Rep Wolf, Frank R. [VA-10] - 7/25/2005

H.R.3132

Children's Safety Act of 2005 (Referred to Senate Committee after being Received from House)

TITLE X--LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION

SEC. 1001. SHORT TITLE.

SEC. 1002. FINDINGS.

SEC. 1003. DEFINITION OF HATE CRIME.

SEC. 1004. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

SEC. 1005. GRANT PROGRAM.

SEC. 1006. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.

SEC. 1007. PROHIBITION OF CERTAIN HATE CRIME ACTS.

`Sec. 249. Hate crime acts

SEC. 1008. STATISTICS.

SEC. 1009. SEVERABILITY.

Passed the House of Representatives September 14, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

By Gerasimos C. Vans,

Deputy Clerk.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 109th; congress; crimes; federal; federallaw; hate; hatecrimes; hr3132; law; thoughtpolice
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Another signpost that says "wrong way".
1 posted on 09/29/2005 11:55:00 PM PDT by Anthem
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To: Anthem
(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
I agree with all five points - but how the heck a Republican congress then concludes that the proper solution is to violate the equal protection clause of the constitution by protecting some citizens more than others is beyond my understanding. All violent crime effects more than just person attacked because the people around the crime area are scared - we need to acknowledge the causes and work on them but not violate he constitution to do it.
2 posted on 09/30/2005 12:00:04 AM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: gondramB
The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.

Religion and sexual orientation are belief systems. Why is political belief not also so protected? Answer, so the left wing bigots can continue to torment Republicans without being "haters".

3 posted on 09/30/2005 12:06:10 AM PDT by weegee (The lesson from New Orleans? Smart Growth kills. You can't evacuate dense populations easily.)
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To: weegee

"Religion and sexual orientation are belief systems. Why is political belief not also so protected? Answer, so the left wing bigots can continue to torment Republicans without being "haters"."

That's another excellent point -there are many other causes of hate and bigotry that are not covered by this law- yet another example of why this law violates equal protection.


4 posted on 09/30/2005 12:14:48 AM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: Anthem

The Federal government would be a rational size (cost) had Ike's administration not explored how actions affect interstate commerce.


5 posted on 09/30/2005 12:49:14 AM PDT by ncountylee (Dead terrorists smell like victory)
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To: gondramB

If a person of the same race creed religion or he/she/it sexual orientation is murdered, is it a lesser crime? What crime against persons isn't hateful?


6 posted on 09/30/2005 12:50:28 AM PDT by Anthem (Federal does not mean national)
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To: Anthem

"If a person of the same race creed religion or he/she/it sexual orientation is murdered, is it a lesser crime? What crime against persons isn't hateful?"

Exactly - the argument for hate crime legislation hinges on the idea that a crime against a member of a protected class effects the whole class and thus is a bigger crime.

But you know what, if somebody in my neighborhood got mugged it would effect the whole neighborhood. Maybe my neighborhood should be a protected class too?


7 posted on 09/30/2005 12:55:34 AM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: ncountylee
Currently the "Federal" government is hell bent on minimizing local governments. I've seen some stunning defenses of FEMA and attacks on Posse Comitatus from "conservatives", when there is plenty of evidence that FEMA did in fact obstruct many private efforts to bring aid to the Rita afflicted States.

Follow the link above and read the article by Dr. Crichton. It's a speech for the ages.

8 posted on 09/30/2005 12:57:59 AM PDT by Anthem (Federal does not mean national)
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To: gondramB
But you know what, if somebody in my neighborhood got mugged it would effect the whole neighborhood. Maybe my neighborhood should be a protected class too?

An excellent point. I'm putting that one in the ammo box.

Do you think we can raise some support here to go after the Senate to clean up this bill. All the Feds are needed for is to facilitate interstate manhunts and perhaps require extradition and cooperation between the States.

9 posted on 09/30/2005 1:02:54 AM PDT by Anthem (Federal does not mean national)
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To: gondramB
(1) IN GENERAL- At the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- ...
(C) 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 hate crime laws of the State or Indian tribe.

So now thought is a crime and we are all subject to the laws of Indian tribes?

10 posted on 09/30/2005 1:10:13 AM PDT by konaice
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To: weegee
Why is political belief not also so protected? Answer, so the left wing bigots can continue to torment Republicans without being "haters".

It's worse than that. Let's say that someone was breaking into your home and you had to shoot him. Let's say that he's of a different race than you. You are put on trial and your conservatism will be evidence for the prosecution "has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant". Sec. 249 (b)(1)

11 posted on 09/30/2005 1:13:12 AM PDT by Anthem (Federal does not mean national)
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To: konaice

" So now thought is a crime and we are all subject to the laws of Indian tribes?"

I'm gonna be an optimist here - that probably doesn't extend the jurisdiction of the Indian tribes but allows DA to assist them in law enforcement.

And for a legitimate case -like a serial killer, help is totally appropriate.

But what if the Indian Tribe law is unfair - it sounds like the DA may still hve to help.


12 posted on 09/30/2005 1:15:33 AM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: konaice
We need to fight this. Raise hell as loudly as possible that the Republican leadership is delivering us into the despotism of arbitrary law. We have been arguing against hate crime legislation for years, and yet it's a full Republican majority and dominance of both legislative and executive branches of the Federal government that is passing this abomination.
13 posted on 09/30/2005 1:19:40 AM PDT by Anthem (Federal does not mean national)
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To: Anthem

"We need to fight this. Raise hell as loudly as possible that the Republican leadership is delivering us into the despotism of arbitrary law. We have been arguing against hate crime legislation for years, and yet it's a full Republican majority and dominance of both legislative and executive branches of the Federal government that is passing this abomination."

But who would we get for allies? No Democrat is gonna vote against this. I think the best hope are the courts.


14 posted on 09/30/2005 1:23:50 AM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: Jim Robinson

Flagging you for activism. There are a lot of unintended consequences that will result if this thing isn't changed in the Senate. Good people will find themselves prosecuted for resisting evil if this passes as is.


15 posted on 09/30/2005 1:28:18 AM PDT by Anthem (Federal does not mean national)
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To: gondramB
I think the Republican leadership needs to feel our wrath. Too many conservatives are cowering because the third parties didn't pull the votes away. Well that was when we were doing our best to give the Republicans their chance. Look what they've done on the budget and now this! If a credible conservative movement like FR that has previously been very helpful to the Republicans says stop or we'll go third party, they will either listen or lose power. In fact that's exactly what brought the Republican party from its tiny roots to major status in 1860. It's also how the Socialist party changed the Democrat party in the 1920's.

There is a new movement in the Libertarian party to take an incrementalist, rather than all-or-nothing approach. It is political pragmatism, and if the Constitutionalists party could also find leadership that was willing to form a coalition, that would scare the liberalism out of the Republican leadership. It can start right here.

16 posted on 09/30/2005 1:39:47 AM PDT by Anthem (Federal does not mean national)
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To: gondramB
And for a legitimate case -like a serial killer, help is totally appropriate.

Are you Daft? Serial killers don't do it out of Hate, and there is no problem prosecuting them, just catching them.

17 posted on 09/30/2005 2:20:12 AM PDT by konaice
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To: konaice

"...is motivated by prejudice...."

You caught that too?

There is a big difference between prejudice and racism. Big difference between a "hateful" act that causes physical harm, and one's prejudicial viewpoint.

Very bad idea!


18 posted on 09/30/2005 2:56:36 AM PDT by OpusatFR (Vegetarian, permaculturalist, cloth wearing, green, peak oil believing Trad Catholic Indie.)
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To: Anthem
The only way they will "clean up this bill" is if you immediately inform the powers-that-be that you will no longer be contributing financially to Republican causes. That will get their attention. I refuse to have my money go to RINOs in any way.
19 posted on 09/30/2005 4:37:33 AM PDT by bella1
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To: konaice; gondramB
I think he means that appropriate federal help is useful for catching the serial killers. Interstate flight is where the FBI can help.

We used to catch the bad guys pretty well. Some of the most famous bad guys of the depression era actually had short careers. (With the exception of the bootleggers who corrupted most local governments because the people did not want prohibition and so tolerated the crime).

Title X isn't about catching interstate criminals. It's and amendment slipped into a bill about catching interstate child predators, but itself won't catch any criminals. It will cause misery to good people who find themselves afraid to confront any bad guys of the protected class. A thought crime has no real proof, it's arbitrary, and so will only help those who don't have facts.

20 posted on 09/30/2005 4:47:16 AM PDT by Anthem (Federal does not mean national)
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