Local Law Enforcement Hate Crimes Prevention Act Of 2009

Statement

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Mr. NADLER of New York. Mr. Speaker, this House faces a historic test. Will we act decisively to deal with some of the most destructive crimes in our society, violent assaults against victims who are singled out solely because someone doesn't like who they are?

Whether committed because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim, these violent acts are particularly reprehensible because they target not just an individual but an entire group. These crimes do, and are often intended to, spread terror among all members of the group. They're intended to say to members of a group, don't be who you are. Don't go where you're not wanted. Do not exercise your civil rights to be yourself, to speak publicly, to go wherever you want.

This bill enables the Federal Government to intervene, so as to punish such crimes and protect the rights of individuals and of groups unpopular in some quarters.

Do not believe the scare tactics. This bill does not criminalize thoughts or speech. No one will be prosecuted because of what they say or think. No preacher need worry about a sermon. Only crimes of violence are punishable under this bill.

The law routinely looks to the motivation behind a criminal act and treats the more heinous of them differently. Manslaughter is different from premeditated murder, which is different from a contract killing. We punish crimes differently if they are terrorist acts, defined as violent crimes that ``appear to be intended to intimidate or coerce the civilian population.''

Existing civil rights laws take a similar approach. A person who uses force to interfere with someone's federally protected rights such as voting, working, attending school and the like, commits a Federal crime. And that's been the law for many years. We treat an act of violence more seriously if the intent is to deny someone his or her civil rights.

The only question this bill presents to Members is whether we believe people assaulted violently because of their identity deserve Federal protection.

For many years Congress refused to adopt antilynching laws. Those were not proud times in our Nation's history. We now have the opportunity to do the right thing. I hope we do.

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