U.S. Sens. Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced a bill that seeks to ensure that federal prosecutors can effectively enforce the federal hate crimes law.
Since it was passed in 2009, the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act in 2009, federal courts have had different interpretations of the motive requirement in the law. An appeals court interpreted the law to require that hate crime prosecutors prove that bias was the sole motivation for the crime – a standard that is difficult to prove and could chill the enforcement of the federal hate crimes law.
The new bill – the Justice for Victims of Hate Crimes Act — clarifies that prosecutors must prove that bias against a protected characteristic was a substantial motivating factor for the crime.
“As a former prosecutor, I’ve seen firsthand the trauma that hate crimes can inflict not only on victims but also on entire communities. We must stand together to make combating hate-motivated violence a priority,” Klobuchar said. “The Justice for Victims of Hate Crimes Act ensures that federal law enforcement have the authority needed to prosecute hate crimes. We must do all we can to put an end to attacks motivated by prejudice.”
Hate crimes – or attacks motivated by bias or prejudice — reached a 16-year high in 2018, according to the FBI.
“Prejudice against groups and individuals because of their sexual orientation, religion, race, or other characteristics has been part of our history. While we have made great progress in protecting our fellow Americans from acts of hatred and bias—discrimination, violence, and stereotyping still continue. It must be put to a stop,” Murkowski said. “America is a melting pot, and our differences should be celebrated, not treated with prejudice. I’m proud to join Senator Klobuchar in this effort to empower federal law enforcement by providing the legal certainty they need to bring the perpetrators of hate crimes to justice.”
The bill is supported by ACCESS, Anti-Defamation League, Arab American Institute, B’nai B’rith International, Center for the Study of Hate and Extremism, Human Rights Campaign, Interfaith Alliance, Jewish Council for Public Affairs, Lawyer’s Committee for Civil Rights Under Law, Leadership Conference on Civil and Human Rights, Matthew Shepard Foundation, Muslim Advocates, Muslim Public Affairs Council, NAACP, National Council of Jewish Women, National Disability Rights Network, OAC – Asian Pacific American Advocates, Sikh Coalition, UnidosUS, and Union for Reform Judaism.