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1 1 (September 17, 2019)

handle is hein.crs/govbbbt0001 and id is 1 raw text is: Informig th leisltv debt sich 11 0 September 17, 2019 Department of Justice's Role in Investigating and Prosecuting Hate Crimes In the aftermath of the shooting at an El Paso, TX, Walmart, where the shooter told authorities that he was targeting Mexicans and an online post attributed to him decried the Hispanic invasion of Texas, the Federal Bureau of Investigation (FBI) has opened an investigation into whether the shooting was a hate crime, and the U.S. Attorney for the Western District of Texas has stated that federal hate crime charges might be brought against the shooter. This and other similar incidents have raised questions about how the Department of Justice (DOJ) investigates and prosecutes hate crimes. What are hate crimes? DOJ defines hate crimes as acts of physical harm and specific criminal threats motivated by animus based on race, color, national origin, religion, gender, sexual orientation, gender identity, or disability. Federal Hate Crime Statutes DOJ identifies several statutes under which it can prosecute hate crimes. The Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act, 2009 (18 U.S.C. §249) Under this statute, it is a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim's actual or perceived race, color, religion, or national origin. The statute also covers crimes committed because of the actual or perceived religion, national origin, sexual orientation, gender, gender identity, or disability of any person, if the crime affected interstate or foreign commerce or occurred within federal special maritime or territorial jurisdiction. Through the enactment of Section 249, Congress expanded federal jurisdiction over hate crimes to (1) address the limitations of existing federal hate crime statutes at the time, (2) allow the resources and expertise of federal law enforcement to aid hate crime investigations where there is joint federal-state jurisdiction, and (3) ensure that the federal government's interest in protecting civil rights can be upheld when states' laws or prosecutions do not adequately do so. A requirement in Section 249 limits DOJ's authority to prosecute hate crimes to cases where a substantial federal interest exists. Prosecutions under this statute cannot be undertaken without written certification from the Attorney General (AG), or his designee, that (1) the state does not have jurisdiction, (2) the state has requested that the federal government assume jurisdiction, (3) the verdict or sentence obtained by the state left the federal interest demonstrably un-vindicated, or (4) prosecution is in the public interest and necessary to secure substantial justice. Damage to Religious Property, Church Arson Prevention Act (18 U.S.C. §247) Under this statute, it is a federal crime to intentionally deface, damage, or destroy real property due to its religious nature, where the crime affects interstate or foreign commerce, or because of the race, color, or ethnic characteristics of the people associated with the property. The statute also criminalizes the intentional obstruction by force or threat of force of any person in the enjoyment of that person's free exercise of religious beliefs. A prosecution under this statute cannot be undertaken without written certification from the AG, or his designee, that prosecution is in the public interest and necessary to secure substantial justice. Violent Interference with Federally Protected Rights (18 U.S.C. §245) Under this statute, it is a federal crime to use or threaten to use force to willfully interfere with any person because of his or her race, color, religion, or national origin and because the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or is helping another person to do so. Section 245 was the primary federal hate crimes statute prior to the enactment of Section 249. A prosecution under this statute cannot be undertaken without written certification from the AG, or an Assistant Attorney General (AAG) to whom the AG has specifically delegated the power, that prosecution is in the public interest and necessary to secure substantial justice. Conspiracy against Rights (18 U.S.C. §24 1) Under this statute, it is unlawful for two or more persons to conspire to injure, threaten, or intimidate a person who is exercising any right or privilege secured to him or her by the Constitution or the laws of the United States. Criminal Interference with the Right to Fair Housing (42 U.S.C. §363 1) Under this statute, it is a federal crime to use or threaten to use force to interfere with housing rights because of the victim's race, color, religion, sex, disability, familial status, or national origin. https://crsreports.congress.gov

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