Text of CA HR 16 (2009)

BILL NUMBER: HR 16 INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Nava and Eng MAY 13, 2009 Relative to hate crimes. LEGISLATIVE COUNSEL'S DIGEST HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST WHEREAS, The Assembly finds and declares all of the following: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater federal assistance. (4) Existing federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Federal jurisdiction over certain violent crimes motivated by bias enables federal, state, and local authorities to work together as partners in the investigation and prosecution of such crimes. (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant federal assistance to states, local jurisdictions, and Indian tribes; now, therefore, be it Resolved by the Assembly of the State of California, That the Assembly thanks the United States House of Representatives for its support of the Local Law Enforcement Hate Crimes Prevention Act and calls on the United States Senate to swiftly pass the Senate companion measure, the Matthew Shepard Hate Crimes Prevention Act; and be it further Resolved, That the Assembly urges the President of the United States to sign into law the Matthew Shepard Hate Crimes Prevention Act, to accomplish all of the following: (1) Authorize the United States Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of violent, bias-motivated crime. (2) Update and expand existing federal hate crimes law to ensure that hate crimes based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim are fully investigated and prosecuted. (3) Direct the United States Attorney General to give priority for such assistance, with respect to crimes committed by offenders who have committed crimes in more than one state. (4) Authorize the Attorney General to award grants to assist state, local, and Indian law enforcement agencies, for rural jurisdictions, that have difficulty covering the extraordinary investigation or prosecution expenses involved in these cases. (5) Direct the United States Office of Justice Programs to work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed. (6) Allow grants to state, local, or tribal programs designed to combat hate crimes committed by juveniles. (7) Require the Attorney General to acquire data on crimes that manifest evidence of prejudice based on gender and gender identity; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.

BILL NUMBER: HR 16 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 23, 2009 INTRODUCED BY Assembly Members Nava and Eng ( Coauthors: Assembly Members Ammiano, Arambula, Furutani, Hill, and Ma ) MAY 13, 2009 Relative to hate crimes. LEGISLATIVE COUNSEL'S DIGEST HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST WHEREAS, The Assembly finds and declares all of the following: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater federal assistance. (4) Existing federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Federal jurisdiction over certain violent crimes motivated by bias enables federal, state, and local authorities to work together as partners in the investigation and prosecution of such crimes. (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant federal assistance to states, local jurisdictions, and Indian tribes; now, therefore, be it Resolved by the Assembly of the State of California, That the Assembly thanks the United States House of Representatives for its support of the Local Law Enforcement Hate Crimes Prevention Act and calls on the United States Senate to swiftly pass the Senate companion measure, the Matthew Shepard Hate Crimes Prevention Act; and be it further Resolved, That the Assembly urges the President of the United States to sign into law the Matthew Shepard Hate Crimes Prevention Act, to accomplish all of the following: (1) Authorize the United States Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of violent, bias-motivated crime. (2) Update and expand existing federal hate crimes law to ensure that hate crimes based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim are fully investigated and prosecuted. (3) Direct the United States Attorney General to give priority for such assistance, with respect to crimes committed by offenders who have committed crimes in more than one state. (4) Authorize the Attorney General to award grants to assist state, local, and Indian law enforcement agencies, for rural jurisdictions, that have difficulty covering the extraordinary investigation or prosecution expenses involved in these cases. (5) Direct the United States Office of Justice Programs to work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed. (6) Allow grants to state, local, or tribal programs designed to combat hate crimes committed by juveniles. (7) Require the Attorney General to acquire data on crimes that manifest evidence of prejudice based on gender and gender identity; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution President and Vice President of the United States, the Speaker of the House of Representatives, the Majority Leader of the Senate, and each Senator and Representative from California in the Congress of the United States .