SENATE BILL: Hate Crimes Prevention Act (Passed)

[Southern Senator North Carolina Yankee]

AN ACT
To amend the Atlasian Criminal Code and reestablish an alternative sentencing schedule for hate crimes.

Be it enacted by the Senate and House of Representatives of the Republic of Atlasia in Congress assembled,

Section I. Title

i. The long title of this bill shall be the "Matthew Shepard, James Byrd Jr., and Latisha King Hate Crimes Prevention Act." It may be cited as the "Hate Crimes Prevention Act."

Section II. Reinstatement of Federal Hate Crime Sentencing Schedule
i. Section IV, Clause 4 of the Reforming Criminal Law Act is hereby repealed, and the former 18 U.S. Code § 249, imposing an alternative sentencing schedule for “hate crimes," hereby reinstated.

House of Representatives
Passed the house 5-1-0-3

Sponsor: Needed
Senate Designation: SB25:15

[Former President tack50]

What exactly is this RL alternative schedule for prosecuting crimes?

In other words, what is the exact change that would be done here?

[SevenEleven]

What exactly is this RL alternative schedule for prosecuting crimes?

In other words, what is the exact change that would be done here?

https://www.law.cornell.edu/uscode/text/18/249#:~:text=Hate%20crime%20acts,-U.S.%20Code&text=the%20offense%20includes%20kidnapping%20or,or%20an%20attempt%20to%20kill.

[Mike Thick]

I can assume sponsorship.

[Southern Senator North Carolina Yankee]

I can assume sponsorship.

Senators have 24 hours to object.

[Southern Senator North Carolina Yankee]

Seeing no objections, the motion is carried.

I thought MB was taking this one over.

[Mike Thick]

For advocacy, I refer my colleagues to what I posted in the House thread:

Thank you, Mr. Speaker.

The rationale behind this bill is simple. Two and a half years ago, we enacted a law that dramatically impeded our ability to prosecute hate crimes. The repeal of 18 U.S. Code § 249 didn't just modify sentencing guidelines -- it reduced the federal government's ability to help local governments investigate hate crimes, or step in when they fall short. This capability was critical to providing justice for victims,

Moreover, the current law treats hate crimes as if they're the same as any other crime, when nothing could be further from the truth -- hate crimes are crimes against entire classes of people, leaving the victim's community feeling unsafe and isolated because of their identity. In the words of Martin Luther King Jr., injustice anywhere is a threat to justice everywhere -- and, likewise, removing legal protections for some of our communities makes us all less safe.

I urge the House to pass this bill, and make it clear that there's no place for hate in Atlasia. Thank you.

[Former President tack50]

What exactly is this RL alternative schedule for prosecuting crimes?

In other words, what is the exact change that would be done here?

https://www.law.cornell.edu/uscode/text/18/249#:~:text=Hate%20crime%20acts,-U.S.%20Code&text=the%20offense%20includes%20kidnapping%20or,or%20an%20attempt%20to%20kill.

OK from reading this it seems the "alternative schedule" would be 10 years for assaulting someone because of their race/religion and what not and "up to life imprisonment" for killing them or raping them?

What would be the "standard scheduling" then?

(tbh the penalties seem a bit on the harsher side for me but that may or may not be a separate question alltogether)

[SevenEleven]

Yes, it adds additional penalties to whatever the normal sentencing might be.

[Rep Jessica]

Dear Senators, I stand before you to ask you to oppose this bill as this is just leftist identity politics at its finest, which aims to divide our nation based on race and such is beneath the hollow grounds of this congress. Believe me, I don't want anyone to be attacked because they have black skin or face battery or any criminal conduct for that matter, but  such a bill can be abused as we often see across the Atlantic in Britain, Sweden and Canada as often the slightest thing in those nations can ruin an individuals entire live with the destruction of their career and yes it can be used for political points that will only tar this nation apart and make racial healing impossible. Very unhealthy for our nation as such a bill only keeps the wounds open and causes more hatred. It spreads the flames.  

Let's consider one argument that the opposition had against my earlier bill: They said that pretty much someone flying into a drunken rage and someone lynching someone is the same thing...Well, Lynching someone is first degree murder as it is planned out and done out of a drive to kill. This is already illegal and comes with a higher charge compared to killing someone by accident when you're in a drunken rage and of course comes with a lesser charge and the argument isn't a good one considering. These special labels just fan flames and divide us by race. We're not suppose to be on the brown team, white team or yellow team but the Atlastian team!
I yield

[Former President tack50]

As of now I am leaning towards abstaining. Not because I think that hate crimes should be unpunished but because the penalties to be reimposed seem a bit on the harsh side.

However, it would be improper of me not to offer an amendment to rectify this, so here it goes:

AN ACT
To amend the Atlasian Criminal Code and reestablish an alternative sentencing schedule for hate crimes.

Be it enacted by the Senate and House of Representatives of the Republic of Atlasia in Congress assembled,

Section I. Title

i. The long title of this bill shall be the "Matthew Shepard, James Byrd Jr., and Latisha King Hate Crimes Prevention Act." It may be cited as the "Hate Crimes Prevention Act."

Section II. Reinstatement of Federal Hate Crime Sentencing Schedule
i. Section IV, Clause 4 of the Reforming Criminal Law Act is hereby repealed, and the former 18 U.S. Code § 249, imposing an alternative sentencing schedule for “hate crimes," hereby reinstated with the following amendments on sections a1 and a2.

(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, a dangerous weapon, 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 4 extra years on top of any other crimes commited, fined in accordance with this title, or both; and
    (B)shall be imprisoned for any term of years or for life not more than 8 extra years on top of any other crimes commited, fined in accordance with this title, or both, if—
        (i)death results from the offense; or
        (ii)the offense includes kidnapping 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) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, 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 4 extra years on top of any other crimes commited, fined in accordance with this title, or both; and
        (ii)shall be imprisoned for any term of years or for life not more than 8 extra years on top of any other crimes commited, fined in accordance with this title, or both, if—
             (I)death results from the offense; or
             (II)the offense includes kidnapping 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, dangerous weapon, 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.

Please someone tell me if I did this right, as I still can't completely comprehend how this would work vs "standard murder".

Especially since here I am used to see "hate crimes" as a completly separate crime (punishable with 1-4 years in prison" instead of an aggravating circumstance for other crimes. (though I imagine most judges would give the maximum sentence for a racially motivated homicide, which would be 15 for homicide and 25 for murder)

I am totally in agreement that hate crimes should be punished, it's really more about the how and when.

[Mike Thick]

Amendment is hostile. Will have a more thorough explanation later today.

[Mike Thick]

Amendment is hostile. Will have a more thorough explanation later today.

I don't think this amendment is a good fit for the bill. We have existing sentencing enhancements for a wide variety of aggravating circumstances, from vulnerable victims to the use of certain weapons to restraining a victim in the course of a crime. This amendment may have the (presumably unintended) consequence of punishing hate crimes significantly less severely than other aggravating circumstances, depending on circumstances specific to a given offense.

I do appreciate the Senator's feedback, though -- better to try and solve issues with a bill than just sit back and let it fail.

[Dr. MB]

A vote has started on Tack's amendment, senators have 72 hours to vote.

[Mike Thick]

Nay

[At-Large Senator LouisvilleThunder]

Aye

[Former President tack50]

Nay

Well, this is awkward, but Ted's explanation has convinced me.

[Southern Senator North Carolina Yankee]

Aye

[Devout Centrist]

Nay

[Esteemed Jimmy]

Aye

[Southern Senator North Carolina Yankee]

The ironic thing is, regardless of whether you count all the votes or cut it off at the end time, the result is still the same. A tie.

[Dr. MB]

Amendment is 3-3. As VP I can break the tie.

Nay

Amendment fails 3-4.

[Southern Senator North Carolina Yankee]

So amendments, Final votes etc?

[Mike Thick]

I move for a final vote

[Southern Senator North Carolina Yankee]

Seeing no objection a final vote is now open on this legislation, Senators please vote Aye, Nay or Abstain.


You know you can do this now too Ted.