OVERVIEW
The Department's position on this legislation is detailed in a views letter that has been submitted in advance of this hearing. My testimony today will touch on some but not all of the issues discussed in that letter.
Hate crimes statistics reported to the FBI by State and local law enforcement agencies demonstrate that we have a significant hate crimes problem in this country. Over the past decade, approximately half of the hate crime incidents reported in the United States were racially motivated. However, many other victim classes are targeted for hate crimes. For example, during the last decade, religiously motivated incidents have generally accounted for the second highest number of hate crime incidents, followed closely by sexual orientation bias incidents. Moreover, recent numbers suggest that hate crimes against individuals of Hispanic national origin have increased four years in a row.* The Federal government has a strong interest in protecting people from violent crimes motivated by such bias and bigotry.
Although we at the Federal level are strongly committed to hate crimes enforcement, we recognize that most such crimes in the United States are investigated and prosecuted by other levels of government. The pending legislation would assist State, local, and tribal jurisdictions by providing funds and technical assistance to investigate and prosecute hate crimes. We welcome the bill's critical support of hate crimes enforcement efforts by State, local, and tribal authorities because all levels of law enforcement must have the tools they need to investigate and prosecute those who engage in bias-motivated violence.
This legislation also would create a new Federal criminal hate crimes statute, 18 U.S.C. § 249. Section 249(a)(1) would simplify the jurisdictional predicate for prosecuting violent acts undertaken because of the actual or perceived race, color, religion, or national origin of any person, by eliminating the requirement in current law that such hate crimes also be motivated by the victim's participation in one of six enumerated federally protected activities. See 18 U.S.C. § 245. This is a welcome change. The federally-protected activity requirement has no connection to the seriousness of the crime and is not constitutionally necessary.
I am particularly pleased that Section 249(a)(2) would for the first time allow for Federal prosecution of violence undertaken because of the actual or perceived gender, disability, sexual orientation or gender identity of any person. During the decade from 1998 to 2007, there were 12,372 hate crime incidents involving violence based on sexual orientation. These crimes fell entirely outside the scope of current Federal jurisdiction. The Department therefore welcomes the expanded coverage of section 249, which would allow us to prosecute and deter violent acts of this sort more effectively.
The remainder of my testimony will address the following issues: (1) federalism and comity; (2) the need for stronger Federal hate crime legislation; (3) constitutionality of the proposed bill; and (4) specific comments on three issues of particular importance to the Department, namely, the bill's rule of construction, certification provision, and statute of limitations.
* See Federal Bureau of Investigation, Uniform Crime Report, Hate Crime Statistics,
1997-2007 (reports available at: http://www.fbi.gov/hq/cid/civilrights/hate.htm and
http://www.fbi.gov/ucr/hc2007/incidents.htm).
