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 Angie Zapata and Brandon Teena not only terrorize their friends and family, but the transgender community as a whole. Existing state laws vary greatly in the scope of what they cover and most do not include gender identity.  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.

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, sexual orientation, gender and disability,
• Remove limitations that narrowly define hate crimes to violence committed while a person is accessing a federally protected activity, such as voting.

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, it would remove 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 transgender people.

Would all transgender people be covered in this bill?

Lawyers experienced with writing and enforcing laws that protect transgender people have worked to ensure that the language in this bill that covers people of all gender expressions and identities. Crimes against people across the gender spectrum would be addressed by this bill.

Is the free speech of religious institutions still protected under this bill?

Absolutely. This bill is supported by a wide range religious groups, including the Episcopal Church, the Presbyterian Church and many others. This legislation only applies when a person is physically attackedbecause of their actual or perceived identity. Anti-gay, anti-trans and other types of speech, writings, and beliefs would not be criminalized by the hate crimes law.

NCTE's work on federal hate crimes legislation:

Federal hate crimes legislation is one of NCTE’s top priorities. For several years, we have worked directly with congressional staff members who drafted 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 up-to-date information on legislative activities.

The Local Law Enforcement Hate Crimes Prevention Act is supported by 31 state Attorneys General and almost 300 national law enforcement, professional, education, civil rights, religious, and civic organizations including: 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.

View the current status of the 2009 hate crimes bills:

Senate: S.909

House of Representatives: H.R. 1913