Current Limitations in the Law
Current law (18 U.S.C. 245) permits federal prosecution of a hate crime only if the crime was motivated by bias based on race, religion, national origin, or color, and the assailant intended to prevent the victim from exercising a "federally protected right" (e.g. voting, attending school, etc.) This dual requirement substantially limits the potential for federal assistance in investigating or prosecuting hate crimes, even when the crime is particularly heinous.

Overview of the Hate Crimes Prevention Act
The Hate Crimes Prevention Act (H.R. 1082 and S.622) would expand federal jurisdiction to reach serious, violent hate crimes. Under the bill, hate crimes that cause death or bodily injury or which are perpetrated with a firearm or explosive device can be investigated federally, regardless of whether the victim was exercising a federally protected right.

The bill describes a "hate crime" as a violent act causing death or bodily injury "because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, or disability" of the victim. These are the same protected categories that are already in federal hate crimes law. (Existing law provides enhanced penalties for hate crimes that are committed on federal property, such as Indian reservations or national parks.)

The Bill's Limited Scope
To avoid federal involvement in every hate crime, there are certain limitations to the bill. There is a constitutional requirement that the perpetrator or victim has traveled in interstate commerce, or used the "facilities" of interstate commerce. Further, under current law, the attorney general or his or her designee must certify, in writing, that a federal prosecution may go forward.

Under current 18 U.S.C. 245, which has been in place since 1969, there have never been more than 10 prosecutions brought under the statute in a single year. The Hate Crimes Prevention Act also authorizes grants to state and local prosecutors for combating hate crimes committed by juveniles.

Current Status of the Bill
The Senate passed S.622 by unanimous consent in July 1999 as part of the appropriations bill. This did not happen on the House side, so passage of the bill this year will depend on whether the Senate and House conferees agree to include it in the final bill that they send to the White House. President Clinton has already endorsed the measure, assuming that he doesn't veto the spending bill.

Organizations endorsing the Hate Crimes Prevention Act
The Hate Crimes Prevention Act of 1999 is supported by President Clinton, the Department of Justice, and a broad range of national civil rights groups, state and local government associations, and law enforcement organizations:

A. Philip Randolph Institute
African-American Women's Clergy Association
Alliance for Rehabilitation Counseling
American-Arab Anti-Discrimination Committee
American Association for Affirmative Action
American Association of University Women
American Assocation on Mental Retardation
American Citizens for Justice
American Council of the Blind
American Counseling Association
American Ethical Union, Washington Office
American Federation of Government Employee's
American Foundation for the Blind
American Federation of State, County and Municipal Employees, AFL-CIO
American Foundation for the Blind
American Friends Service Committee (AFSC)
American Jewish Committee
American Jewish Congress
American Medical Association
American Music Therapy Association
American Network of Community Options and Resources
American Nurses Assocation
American Psychological Association
American Speech-Language Hearing Association
American Therapeutic Recreation Association
Americans for Democratic Action
American Veterans Committee
And Justice For All
Anti-Defamation League
Aplastic Anemia Foundation of America, Inc.
Arab American Institute
The Arc of the United States
Asian American Legal Defense and Education Fund
Asian Law Caucus
Asian Pacific American Labor Alliance
Asian Pacific American Legal Center
AYUDA
Bazelon Center for Mental Health Law
Bi-Net
Brain Injury Association, Inc.
Business and Professional Women, U.S.A.
Catholics for Free Choice
Center for Community Change
Center for Democratic Renewal
Center for Women Policy Studies
Chinese Americans Citizens Alliance
Church Women United
Congress of National Black Churches
Consortium of Developmental Disabilities Councils
Disability Rights Education & Defense Fund
The Episcopal Church
Evangelical Lutheran Church of America, Office for Government Affairs
Fair Employment Council of Greater Washington
Federal Law Enforcement Officers Association
Federally Employed Women
Feminist Majority
Gender Public Advocacy Coalition
General Federation of Women's Clubs
Goodwill Industries International, Inc.
Hadassah
Hispanic National Law Enforcement Association
Human Rights Campaign
India Abroad Center for Political Awareness
Interfaith Alliance
International Assocation of Chiefs of Police
International Association of Jewish Lawyers and Jurists
International Association of Jewish Vocational Services
International Dyslexia Association
Interantional Union of United Aerospace and Agricultural Implements
Japanese American Citizens League
Jewish Council for Public Affairs
Jewish Labor Committee
Jewish War Veterans of the U.S.A.
Jewish Women International
Justice for All
LDA, The Learning Disabilities Association of America
Labor Council For Latin American Advancement
Lawyers' Committee for Civil Rights Under Law
Leadership Conference on Civil Rights
Learning Disabilities Association of America
Lob Cabin Republicans
MALDEF -- Mexican American Legal Defense & Education Fund
MANA, A National Latina Organization
National Abortion Federation
NAACP
NAACP Legal Defense Fund, Inc.
NA'AMAT USA
National Asian Pacific American Legal Consortium
National Association of Commissions for Women
National Alliance for the Mentally Ill
National Alliance of Postal and Federal Employees
National Asian Pacific American Bar Association
National Association of the Deaf
National Association of Developmental Disabilities Councils (NADDC)
National Association of People with AIDS
National Association of Private Schools for Exceptional Children
National Association of Protection & Advocacy Systems
National Association of Rehabilitation Research and Training Centers
National Association of Social Workers
National Black Women's Health Project
National Center for Vicitms of Crime
National Coalition Against Domestic Violence
National Coalition of Anti-Violence Programs
National Coalition on Deaf-Blindness
National Congress of American Indians
National Council of Churches of Christ in the USA
National Council of Jewish Women
National Council of La Raza
National Education Association
National Federation of Filipino American Associations
National Gay and Lesbian Task Force
National Jewish Democratic Council
National Korean American Service and Education Consortium
National Mental Health Association
National Newspaper Publishers Association
National Organization of Black Law Enforcement Executives
National Parent Network on Disabilities
National Partnership for Women and Families
National Respite Network
National Sherrif's Association
National Spinal Cord Injury Association
National Therapeutic Recreation Society
National Urban League
National Women's Law Center
NETWORK, A National Catholic Social Justice Lobby
NOW -- National Organization for Women
NOW Legal Education and Defense Fund
Organization of Chinese Americans
Paralyzed Veterans of America
Parents, Families and Friends of Lesbians and Gays
People For the American Way
Police Executive Research Forum
Police Foundation
Presbyterian Church (USA), Washington Office
Rehabilitation Engineering and Assistive Technology Society of North America
Service Employees International Union, AFL-CIO
Society for the Psychological Study of Social Issues
Southeast Asia Resource Action Center
Spina Bifida Association of America
Union of American Hebrew Congregations
Union of Needletrades, Industrial & Textile Employees (UNITE)
Unitarian Universalist Association
United Church of Christ--Office of Church in Society
United Methodist Church
U.S. Conference of Mayors
United States Student Association
The Woman Activist Fund, Inc.
Women of Reform Judaism, Federation of Temple Sisterhoods
Women Work!
Women's Alliance for Theology, Ethics & Ritual
YWCA of the U.S.A.

Note: Updated July 1999