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Existing Federal and State Legislation
What does this legislation do and what is its impact?
Local Law Enforcement Hate Crimes Prevention Act
Important Facts about HR 1592 and S 1105
Why is this bill necessary?
Every act of violence is tragic and harmful, but not all crime is motivated by hate. Hate crimes occur when the perpetrator chooses the victim because of who the victim is or appears to be. These crimes are typically more violent and brutal, often involving attempts to dehumanize and ridicule the attacked individual. The violent murders of individuals like Brandon Teena and Gwen Araujo not only terrorize their friends and family, but the transgender community as a whole. The Local Law Enforcement Hate Crimes Prevention Act (L.L.E.H.C.P.A.) is absolutely necessary to ensure safety and provide protection to all minority groups.
Existing Federal and State Legislation:
Existing hate crimes laws protect individuals because of their race, color, religion, and national origin. The federal legislation also requires that the crime must have occurred while the victim was attempting to carry out a federally protected activity (voting, going to school, etc.). Forty-five states and the District of Columbia have passed hate crimes legislation—only Arizona, Georgia, Indiana, South Carolina and Wyoming have no relevant statutes—but each state's legislation is different. While all of the forty-five state statues cover race, religion, and ethnicity, only thirty-two of the states cover sexual orientation, thirty-two cover disability, and twenty-eight cover gender. Only eleven cover gender identity.
NCTE's work on federal hate crimes legislation:
Federal hate crimes legislation is one of NCTE's top priorities. We help to co-write the actual legislation. We continue to win the support of Congress members through activities such as our annual Transgender Lobby Day. NCTE provides training to local activists on how to best educate members of Congress on transgender issues, and we provide the most up-to-date information on legislative activities.
What does this bill resolve?
This federal hate crimes legislation would add "gender, sexual orientation, gender identity and disability" to the protected class list. Additionally, this legislation would negate the requirement that the attacked individual has to be attempting to carry out a federally protected activity, such as voting, in order to be covered. The act would also amend the Hate Crimes Statistics Act by adding gender and gender identity thereby requiring the Federal Bureau of Investigation record and document the frequency, location and type of hate-motivated violence against trans people.
What does this legislation do and what is its impact?
The Local Law Enforcement Hate Crimes Prevention Act would:
- Extend existing federal protections to include "gender identity, sexual orientation, gender and disability,"
- Allow the Justice Department to assist in hate crime investigations at the local level when local law enforcement is unable or unwilling to fully address these crimes,
- Mandate that the FBI begin tracking hate crimes based on actual or perceived gender identity,
- Remove limitations that narrowly define hate crimes to violence committed while a person is accessing a federally protected activity, such as voting.
The Local Law Enforcement Hate Crimes Prevention Act is supported by 26 state Attorneys General and over 280 national law enforcement, professional, education, civil rights, religious, and civic organizations including: President George H.W. Bush's Attorney General Dick Thornburgh; National Sheriffs' Association; International Association of Chiefs of Police; U.S. Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parent's Network on Disabilities.
Myths and Facts about the Local Law Enforcement Hate Crimes Prevention Act
MYTH: Every crime is a hate crime
FACT: Every act of violence is tragic and harmful, but not all crime is motivated by hate. Hate crimes occur when the perpetrator chooses the victim because of who the victim is (or is perceived to be) and are typically more violent and brutal, often involving attempts to dehumanize and ridicule the victim. Additionally, hate crimes not only terrorize individual victims, but also have a chilling effect on entire communities of people.
MYTH: The federal hate crimes law would mandate additional penalties or sentence enhancements.
FACT: NCTE does not and will not support penalty-enhancement legislation of any kind. The federal hate crimes bill does not include any penalty-enhancement provisions.
MYTH: There is very little public support for federal hate crimes legislation.
FACT:Again and again, polls show that the American public strongly supports hate crimes legislation. The Kaiser Family Foundation found that 73-percent of people support hate crimes protections. The LLEHCPA is endorsed by over 175 law enforcement organizations, civil rights groups, and civic and religious organizations, including: President George H.W. Bush’s Attorney General Dick Thornburgh; National Sheriffs’ Association; International Association of Chiefs of Police; U.S. Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parents Network on Disabilities.
MYTH: Hate crimes laws violate the First Amendment and threaten free speech. Religious individuals who are critical of homosexuality or transgender people would be guilty of committing “thought crimes” and could be subject to arrest.
FACT:This legislation only applies when a person is physically attacked because of their actual or perceived identity. Anti-gay, anti-trans and other types of hate speech, writings, and beliefs would not be criminalized by the hate crimes law.
MYTH: The federal hate crimes act would strip away the right of Christians and other religions to express a negative view of homosexuality/transsexuality.
FACT: The federal hate crimes law would in no way impact the right of individuals to express their religious or personal views. Again, this legislation only applies when actual bodily harm occurs as a result of a bias-motivated attack.
MYTH: We don’t need this legislation. There is no hate crime epidemic.
FACT: There is ample evidence that violent, hate-motivated crimes are a widespread and significant problem. While the frequency of these crimes is disturbing, these acts of hate are also distinguished from other types of crime by the chilling impact they have on entire communities of people.
Crimes motivated by hate are also often disproportionately violent. One grim example: Gwen Araujo, a 17-year-old transgender student, was brutally beaten to death in 2002 with a shovel, a barbell, and a frying pan, then strangled, by four men when they learned Gwen was transgender. It is vitally important that our government protects transgender people and other targeted groups from these types of violent hate crimes.
MYTH: Under this bill, federal prosecutors will interfere with or even take over local law enforcement efforts.
FACT: The LLEHCPA is endorsed by over 175 law enforcement organizations. Federal hate crimes legislation only allows for federal assistance when local authorities are unable (due to lack of funds, resources, technology, etc.) or unwilling to investigate or prosecute hate-motivated crimes. This means that local law enforcement agencies will be able to ask for additional monetary assistance and personnel assistance when necessary, preventing the unnecessary furloughing of officers because of lack of funds and providing the most technologically advanced forensics available in the United States.
Take action! Contact your Senators today.Call 202-224-3121 to reach your senator or go to our visit legislators page for more information
Download a printable PDF of the Hate Crimes Prevention Act Fact Sheet
Download a printable version of the Myths and Facts about the Local Law Enforcement Hate Crimes Prevention Act
