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LegislationLEGISLATION | Detail


S. 909: Matthew Shepard Hate Crimes Prevention Act of 2009

Sponsor: Kennedy (D - MA)

Official Title: A bill to provide federal assistance to states, local jurisdictions and Indian tribes to prosecute hate crimes, and for other purposes.

Status:
4/28/2009: Introduced
4/28/2009: Referred to Senate Judiciary Committee
6/25/2009: Hearing Held by Senate Judiciary Committee

Commentary:
This bill would create two new federal offenses, nearly identical to those in H.R. 1913, and greatly expand the scope of federal government power over violent, noneconomic crimes that are truly local in nature. It imposes federal criminal penalties – potentially in addition to criminal penalties imposed under state law – on anyone who “willfully” injures or attempts to injure another “because of the actual or perceived race, color, religion, or national origin” or “because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.” Although the bill purports to address “hate crimes,” its two new offenses do not require a federal prosecutor to offer any evidence, much less prove, that the defendant was in fact motivated by bias, prejudice, or hatred. Violations would be punishable by criminal fines and imprisonment of up to 10 years, or imprisonment for life if the offense results in death or “includes kidnaping [sic] or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.”

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