On July 26, the Senate Judiciary Committee approved, 12-7, a bill (S. 625) that would expand federal hate crimes. Committee Chair Patrick Leahy (D-VT) noted that the bill has “received strong bipartisan support,” adding, “It protects all our citizens without compromising the Constitution.”
Sponsored by Sens. Edward Kennedy (D-MA) and Arlen Specter (R-PA), the bill would authorize federal technical, forensic, and prosecutorial assistance to states in the investigation and prosecution of crimes motivated by race, color, religion, national origin, gender, sexual orientation, or disability.
Under S. 625, the federal government could not prosecute a case unless the U.S. Attorney General certifies that there is reasonable cause that the crime was motivated by hate and that the state either does not have jurisdiction over the crime, has requested federal assistance, or does not object to federal prosecution. Individuals found guilty of a federal hate crime would be subject to life in prison if death results from the offense.
During the 106th Congress, the Senate-passed FY2001 defense authorization bill included a similar hate crimes provision. However, the language was dropped during a House-Senate conference.
Sen. Kennedy stated, “Hate crimes are modern day lynchings,” adding, “They damage not only the individual but the whole community and our nation.” Noting that hate crimes focusing on sexual orientation, gender, and race “bring out the darkest sides,” Sen. Kennedy stated, “We can make sure that every resource is there to bring justice.”
Sen. Orrin Hatch (R-UT) opposed the bill. “It’s well-intentioned, but, in my opinion, it is seriously flawed,” he said, detailing several “serious policy questions” with the legislation. Sen. Hatch argued that the bill would jeopardize the balance between state and federal prosecution; would extend federal jurisdiction to every sexual assault across the country by adding gender; would threaten to weaken the punishments available to prosecutors; and would not withstand constitutional muster.
Sen. Specter disagreed with respect to jeopardizing the balance of federal and state prosecution. “On these kind of crimes, local prosecutors don’t act because of tremendous local pressure,” he said.
Sen. Hatch offered a substitute amendment that would have authorized a study to examine the extent of hate crime activity and the extent to which state and local governments are addressing hate crimes. The amendment also would have allowed the federal government to provide assistance to states in investigating and prosecuting hate crimes but would not have allowed federal prosecution of such crimes. The substitute amendment was defeated, 7-12.
