{ "id": "RL30681", "type": "CRS Report", "typeId": "REPORTS", "number": "RL30681", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100214, "date": "2002-05-17", "retrieved": "2016-05-24T20:10:26.089941", "title": "Hate Crimes: Summary of Selected Proposals and Congressional Authority", "summary": "Hate crime legislation ( S. 625 / H.R. 1343 ), comparable to a measure which\npassed the Senate as an amendment to the National Defense Authorization Act for Fiscal Year 2001\n(but which was dropped prior to passage), has been introduced with a substantial number of\ncosponsors in both the House and Senate. It has been reported out of committee without change in\nthe Senate, S.Rept. 107-147 . It outlaws hate crimes, establishes a system of Justice Department and\ngrant program assistance, and instructs the Sentencing Commission to examine adult recruitment of\njuveniles to commit hate crimes. An alternative ( H.R. 74 ), more sweeping in its\ncriminal provisions and more modest in its grant provisions, has also been proposed. \n In both alternatives, the newly established federal offenses take two forms and are based on\nCongress' legislative authority under the commerce clause, the legislative sections of the Thirteenth,\nFourteenth, and Fifteenth Amendment. One species outlaws hate crimes committed on the basis of\nrace, color, religion, national origin, gender, sexual orientation, or disability under various commerce\nclause circumstances and appears consistent with the Supreme Court's pronouncements in\n Lopez and\n Morrison. The other forbids hate crimes committed on the basis of race, color, religion\nor national\norigin. Although its claim to Congressional authority seems strongest when based on the Thirteenth\nAmendment and proscribing violence committed on the basis of race, its hold appears otherwise\nmore tenuous.\n The text of proposed hate crime offenses, sundry federal criminal civil rights laws, as well as\na summary of various state hate crime statutes are appended. An abridged version of this report ,\nstripped of the footnotes, authorities, and appendices, is available under the title, Hate Crimes:\nA\nSketch of Selected Proposals and Congressional Authority , CRS Report RS20678 (May 17,\n2002);\nfor additional related information, see Teasley, Hate Crime Legislation: An Update , CRS Report 98-300 (July 31, 2001).", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL30681", "sha1": "61e8576aebf33f8657dd40563b41201a79565050", "filename": "files/20020517_RL30681_61e8576aebf33f8657dd40563b41201a79565050.pdf", "images": null }, { "format": "HTML", "filename": "files/20020517_RL30681_61e8576aebf33f8657dd40563b41201a79565050.html" } ], "topics": [] } ], "topics": [ "American Law", "National Defense" ] }