WASHINGTON - The House voted 237-180 on Thursday to expand federal hate crime categories to include attacks against gays and people targeted because of gender, acting just hours after the White House threatened a veto.
10. Petitioners assert standing to bring this action because they were defendants to, inter alia, a criminal charge of Ethnic Intimidation grounded in actions alleged to be supported by an animus against the "sexual orientation," "gender," or "gender identity" of certain individuals participating in a Philadelphia "Outfest" block party in support of gay rights on October 10, 2004. The charges against Petitioners were initiated by the filing of a criminal complaint in the Court of Common Pleas of Philadelphia County on October 11, 2004. A true and correct copy of the criminal complaint filed is attached hereto as Exhibit "A" and incorporated herein by reference.
11. The charges filed against Petitioners arose out of their alleged actions in the nature of "fighting, threatening, violent or tumultuous behavior, making unreasonable noise with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof . . . by protesting a gay/lesbian block party, using bullhorns, and yelling offensive messages, thereby obstructing traffic." See Exhibit "A".
Remember NOW YOU can end up arrested like those Philadelphia Grandmothers who were singing songs & peacefully worshiping & reading their bibles. Anyone can now be arrested for DISCRETELY reading their bibles in their own church, as long as a gay somewhere "feels threatened," or like they're being "persuaded" that they're committing sin, THE DEFINITION READS.
The point is just as these Grandmas weren't doing anything violent yet were charged with "hate crimes" which exaggerated their charges to be 41 felonies they were all charged with. Each one of them facing many many years in State Philadelphia prison.
Sounds like you haven't been following this hate bill at all. It has almost NOTHING to do with violence and everything to do with muzzling free speech. You will end up arrested like the Black Grandmas in Philadelphia. Read up on the hate bill at http://truthtellers.org , all the links to the actual texts & definitions are listed.
The bill doesn't only say attacks, but hidden in the definition it says any bias "persuasion", "intimidation", that may lead to Bias of homosexuals.
If any homo feels intimidated that there is "BIAS" toward himself. It is only muzzling free speech, the only way it was passed is because it ALSO includes the violence clauses. Perhaps another reason it was passed is the democrat majority of the house.
(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
It seems some people can't read....
Quote:WASHINGTON - The House voted 237-180 on Thursday to expand federal hate crime categories to include attacks against gays and people targeted because of gender, acting just hours after the White House threatened a veto.
Unless you are spending time at church physically beating up gays you don't have much to worry about michael1. (I can understand your concern though considering your posts here. I think you would be willing to physically attack gays if you thought you could get away with it in this world.)
No, it couldn't because you would have to ignore the bill to make such an argument. That is precisely what michael has been doing, ignoring what the bill really says.
The Federal Hate crime legislation deals only with "violent attacks". Including more protected groups doesn't change the "violent attacks" to "verbal attacks." Don't let your ignorance stop you from stepping in here though MM. Your ignorance certainly hasn't stopped you from posting elsewhere.
(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
parados wrote:It seems some people can't read....
Quote:WASHINGTON - The House voted 237-180 on Thursday to expand federal hate crime categories to include attacks against gays and people targeted because of gender, acting just hours after the White House threatened a veto.
Unless you are spending time at church physically beating up gays you don't have much to worry about michael1. (I can understand your concern though considering your posts here. I think you would be willing to physically attack gays if you thought you could get away with it in this world.)
Without arguing the merits of the bill,couldnt the word "attack" as used in your quote be defined to include verbal attacks,if the prosecutor chose to?
mysteryman wrote:parados wrote:It seems some people can't read....
Quote:WASHINGTON - The House voted 237-180 on Thursday to expand federal hate crime categories to include attacks against gays and people targeted because of gender, acting just hours after the White House threatened a veto.
Unless you are spending time at church physically beating up gays you don't have much to worry about michael1. (I can understand your concern though considering your posts here. I think you would be willing to physically attack gays if you thought you could get away with it in this world.)
Without arguing the merits of the bill,couldnt the word "attack" as used in your quote be defined to include verbal attacks,if the prosecutor chose to?
You want them prosecuting for verbal attacks? I don't think there's enough room left on the planet to build the amount of jails and courts we would need to prosecute the verbal attackers
My ignorance??
At least I know enough to post a working link to the bill,which is apparently beyond your abilities to do so.
Here is the actual bill...
http://thomas.loc.gov/cgi-bin/query/D?c110:3:./temp/~c110LNVZvn::
Having read the bill,this is the one part I have a problem with...
Quote:(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
That sure sounds like they are trying to make thought or perceived thought illegal.
How can you know what someone was thinking when they committed a crime?
If I say I wasnt thinking something while committing a crime,how are you gonna prove otherwise?
Quite the opposite.
When I asked that,I hadnt read the bill.
I was simply wondering if the language in the bill left room for "attacks" to be interpreted as verbal attacks,nothing more.
I dont think verbal attacks,racist,sexist,or any other kind,should ever be prosecuted.
That would infringe on the right of free speech.
110th CONGRESS
1st Session
H. R. 1592
--------------------------------------------------------------------------------
AN ACT
To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes , and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Local Law Enforcement Hate Crimes Prevention Act of 2007'.
SEC. 2. DEFINITION OF HATE CRIME.
In this Act--
(1) the term `crime of violence' has the meaning given that term in section 16, title 18, United States Code;
(2) the term `hate crime' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term `local' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.
SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance-
(1) IN GENERAL- At the request of State, local, or Tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or Tribal laws; and
(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or Tribal hate crime laws.
(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
(b) Grants-
(1) IN GENERAL- The Attorney General may award grants to State, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes .
(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
(3) APPLICATION-
(A) IN GENERAL- Each State, local, and Indian law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.
(C) REQUIREMENTS- A State, local, and Indian law enforcement agency applying for a grant under this subsection shall--
(i) describe the extraordinary purposes for which the grant is needed;
(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
(iii) demonstrate that, in developing a plan to implement the grant, the State, local, and Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service programs that have experience in providing services to victims of hate crimes ; and
(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.
(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application.
(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.
(6) REPORT- Not later than December 31, 2008, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.
(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2008 and 2009.
SEC. 4. GRANT PROGRAM.
(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or Tribal 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 .
(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2008, 2009, and 2010 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 249. Hate crime acts
`(a) In General-
`(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
`(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
`(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
`(i) death results from the offense; or
`(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
`(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
`(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
`(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
`(I) death results from the offense; or
`(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
`(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
`(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--
`(I) across a State line or national border; or
`(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
`(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
`(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
`(iv) the conduct described in subparagraph (A)--
`(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
`(II) otherwise affects interstate or foreign commerce.
`(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--
`(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
`(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--
`(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
`(B) the State has requested that the Federal Government assume jurisdiction;
`(C) the State does not object to the Federal Government assuming jurisdiction; or
`(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
`(c) Definitions- In this section--
`(1) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title;
`(2) the term `firearm' has the meaning given such term in section 921(a) of this title; and
`(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.
`(d) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.'.
(b) Technical and Conforming Amendment- The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item:
`249. Hate crime acts.'.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution.
Passed the House of Representatives May 3, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. R. 1592
AN ACT
To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes , and for other purposes.
I understand quite well what the law said.
Without arguing the merits of the bill,couldnt the word "attack" as used in your quote be defined to include verbal attacks,if the prosecutor chose to?
(A) constitutes a crime of violence;