Ted Kennedy: Kennedy On FBI Release Of 2006 Hate Crime Statistics

November 19, 2007 -- WASHINGTON, DC— Today, Senator Edward M. Kennedy released the following statement in response to the 2006 hate crimes statistics released by the Federal Bureau of Investigations.

“The upward trend in the number of hate crimes may be the tip of the iceberg since many state and local jurisdictions don’t participate in the data collection. We obviously need to strengthen the existing federal hate crimes law. A provision to do just that was included in the Senate version of the Defense Authorization, and hopefully the FBI report will persuade the House to accept it. It’s essential to send a strong message here at home and around the world that our country will not tolerate crimes fueled by hate.”

A summary of Senator Kennedy’s hate crimes legislation is also included below.

The Local Law Enforcement Enhancement
Hate Crimes Prevention Act of 2007
Bill Summary

Overview

The Local Law Enforcement Enhancement Act (LLEEA) is a bill to strengthen the ability of federal, state, and local governments to investigate and prosecute hate crimes based on race, ethnic background, religion, gender, sexual orientation, disability, and gender identity. It will strengthen state and local efforts by enabling the Justice Department to assist them in the investigation and prosecution of hate crimes. The bill will also provide grants to help state and local governments meet the extraordinary expenses involved in hate crime cases. At the federal level, the LLEEA will eliminate the outdated intent requirement in current law that prevents the Justice Department from working with state and local officials in the investigation and prosecution of hate crimes. It will allow the federal government to step in when needed, but only after the Department has certified that a federal prosecution is necessary.

Intergovernmental assistance program

The LLEEA will provide technical, forensic, prosecutorial and other assistance to state and local law enforcement officials for hate crime investigations and prosecutions.

Federal assistance and training grants

The LLEEA will authorize Justice Department grants of up to $100,000 to state, local, and Indian law enforcement officials who have incurred extraordinary expenses associated with investigating and prosecuting hate crimes. It will also authorize the Office of Justice Programs to award grants to state and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.

Prohibition of certain hate crime acts

The LLEEA will give the Justice Department jurisdiction over crimes of violence committed because of a person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, disability, or gender identity. Existing law only covers race, color, religion, or national origin-based hate crimes, where the victim was engaging in one of six “federally protected activities.”

Interstate commerce requirement

For crimes based on gender, sexual orientation, disability, or gender identity, the Justice Department must show a connection to interstate commerce (i.e., that the defendant or victim crossed state lines or the defendant used a firearm that traveled through interstate commerce).

Certification requirement

Prior to indicting someone under this Act, the Justice Department must certify that the state in which the hate crime occurred does not have jurisdiction, has asked the federal government to assume jurisdiction, or has failed to vindicate the federal interest against hate-motivated violence. The LLEEA will provide a federal backstop for state and local law enforcement to deal with hate crimes that might otherwise not be aggressively investigated and prosecuted, or for which states request assistance.

Source: Senator Edward M. Kennedy

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