Pedophile Protection Act?

[kshillbillys]

by Curtis Dahlgren    June 20, 2009   RenewAmerica.com

Senate Majority Leader Harry Reid (D-NV), added the "Matthew Shepard Hate Crimes Prevention Act," (which is better known to conservatives as the "Pedophile Protection Act,") to his short-term legislative list Monday, by saying he was "committed" to a enate vote on hate crimes legislation before the August recess. The pro-homosexual newspaper Washington Blade reported the vote would happen last week, but staffers at Senator Kennedy's office denied that, giving us a few more days to act.

The pro-homosexual, anti-faith bill, sponsored by Senator Ted Kennedy (D-MA) and pushed hard by the Obama Administration, was until recently labeled S. 909 "Local Law Enforcement Hate Crimes Prevention Act." But it faced such strong resistance by conservatives (including threat of filibuster or faith-protecting amendments by pro-faith Senator Jim DeMint, R-SC), so instead Democrats have announced they will soon hide the bill as an amendment to another "must-move" bill, denying committee hearings, and completely side-stepping the Republicans right to debate and amend. Now President Obama's Attorney General Eric Holder is reportedly linking passage of this pro-homosexual bill to protecting the rights of Hispanic illegal aliens, which would be deceptive, since "national origin" is already protected in the 1994 hate-crimes law, and 75% of Hispanics oppose gay marriage.

547 SEXUAL DEVIANCES TO BE PROTECTED BY FEDERAL MARSHALS

The forthcoming "poison pill" amendment will mirror a House bill H.R. 1913, already passed 249-175 along strict party lines, which makes "sexual orientation," "gender," and "gender identity" into federally-protected classes under the law, and codifies federal "protection" of up to 547 types of sexually deviant behaviors, including:

* Incest — sex with one's offspring (a crime, of course)

* Necrophilia — sexual relations with a corpse, also a crime

* Pedophilia — sex with an underage child, another crime . . .

Attempts by House Republicans to add amendments stating "pedophilia is not protected as a sexual orientation" were specifically blocked and defeated by House Democrats. Lesbian Congresswoman Tammy Baldwin (D-WI) expressed opposition to excluding pedophiles from the bill, and Democrats voted with her to strike any child-protection amendment. She claimed that pedophiles would not be defined within "sexual orientation," but wouldn't put that in writing, and refused to define that phrase "sexual orientation," which according to the American Psychiatric Association includes all 547 sexual deviances listed in their DSM-III manual of clinical psychoses, including pedophilia, so now thanks to most Democrats, child molesters will be protected by federal law.

FREE SPEECH CRIMINALIZED IN SWEDEN

In Sweden, Pastor Ake Green received a one-month jail sentence last year under a Swedish "hate crimes" law that forbids criticism of those who participate in homosexual behavior. The Goeta Appeals Court later overturned the decision... The government demanded the pastor be punished by appealing the case to the Swedish Supreme Court, which ruled the law unconstitutional. Yet here in America, the Reid-Kennedy-Obama trio is pushing to pass and enforce this same type of "anti-free speech" law, despite their acknowledgment that any such enforcement would be unconstitutional in America too. (Then why pass the bill in the first place?)

FREE SPEECH CRIMINALIZED IN CANADA

In Canada, where "hate crimes" laws already passed, the Alberta Human Rights Tribunal actively forbid evangelical pastor Stephen Boisson from expressing his moral opposition to homosexuality. The tribunal also ordered Boisson to pay $5,000 "damages for pain and suffering" and apologize to the "human rights" activist who filed the complaint. His crime? In 2002, the pastor wrote a letter to the editor of his local newspaper in which he denounced the homosexual agenda as "wicked" and stated that: "Children as young as five and six years of age are being subjected to psychologically and physiologically damaging pro-homosexual literature and guidance in the public school system; all under the fraudulent guise of equal rights." The Canadian government tribunal ordered the Christian pastor to "cease publishing in newspapers, by email, on the radio, in public speeches, or on the internet, in future, disparaging remarks about gays and homosexuals." (This "re-education commission" reminds me of Big Brother from Orwell's 1984.)

QUOTING THE BIBLE IN CHURCH WILL BE PUNISHED

Not only will sexually deviant behaviors gain legal protection, this legislation also lays the legal foundation to investigate, prosecute and persecute pastors, youth pastors, Bible teachers, and anyone else whose speech and thought is based upon and reflects the truths found in the Bible. How will this legislation over-rule the First Amendment?

PASTORS NOT PROTECTED BY FIRST AMENDMENT

S. 909 broadly defines "intimidation," thus a pastor's sermon could be considered "hate speech" if heard by an individual who then acts aggressively against persons based on any "sexual orientation." The pastor could be prosecuted for "conspiracy to commit a hate crime" or for "inciting violence against gays" simply by quoting the Bible in church. And the First Amendment won't automatically protect pastors, since speech accused of "inciting violence" is not protected, and is punishable, under precedent of Supreme Court rulings. In 1993 Wisconsin v. Mitchell, the U.S. Supreme Court upheld a "hate speech" law providing enhanced punishments for violent crimes based on racial motives as revealed by speech of the accused, (which would now apply broadly to punish any "anti-gay motives" in the speech of accused pastor "co-conspirators.") But pastor, if a crazy person in your audience commits a crime against a heterosexual, don't worry, you'll get a comparative discount in your prison time.

IS PRAYER IN JESUS' NAME A "HATE CRIME?"

Any public prayer against the sin of homosexuality could be construed as "inciting violence" by easily offended listeners, especially if those prayers are offered "in Jesus name." When I served our country as a former Navy Chaplain, for example, I was told in writing by Chief of Chaplains Rear-Admiral Louis Iasiello, that "any chaplain's continued insistence on ending public prayers 'in Jesus' name'...could reasonably tend to denigrate those with different forms of faith." His policy prohibiting prayers "in Jesus name" was enforced against me at court-martial, before it was later rescinded by Congress in 2006. But this year I've already been falsely accused of "inciting violence" because I quoted verbatim from Psalm 109 in my public prayers, (for which [a secular activist] literally requested an FBI investigation against me!) Just imagine more anti-Christian aggression by law enforcement officials AFTER this hate-crimes bill becomes law.

IS PREACHING AGAINST SIN A HATE CRIME?

As a former Navy Chaplain who was punished (in writing, three times) for quoting the Bible in chapel during optionally-attended worship, I know exactly how they'll come after us. The enemies of religious liberty will simply declare certain gospel phrases "hateful" and "offensive" like my commanding officer who punished me for quoting John 3:36 in chapel, and was supported by government lawyers for "protecting" easily offended listeners from the "offensive" gospel of salvation through Jesus Christ.

FREE SPEECH CRIMINALIZED IN PENNSYLVANIA:

Can't happen in America? It already has. In 2004 my friend Michael Marcavage was arrested along with ten other Christians (including two elderly grandmothers), and charged with violating Pennsylvania's "hate crimes" laws, because they carried signs conveying God's love at a Gay Pride rally. One member of "The Philadelphia Eleven," Arlene Elshinnawy, 75 year-old grandmother of three, was holding a sign: "Truth is hate to those who hate the truth," before she was hauled off to jail by police officers. They were literally threatened with 50 years in jail for preaching the Gospel of Jesus Christ on a public sidewalk, because it offended gays. That hate crimes law was so outrageous it was later found unconstitutional by the Pennsylvania Supreme Court, but now Ted Kennedy and Barack Obama want to pass essentially that same discredited law nationwide.

[Varmit]

To be fair, we need to address "cures" for sexual deviants such as pedophilies.  My proposed cure is as follows in 4 easy steps:

1 - Walk pedophile to incinerator

2 - Place pedophile inside incinerator

3 - Turn on incinerator

4 - Remove ashes, flush down toliet

[tdub]

Text of Matthew Shepard Hate Crimes Prevention Act and HR 1913


111th CONGRESS
1st Session
S. 909
To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 28, 2009

Mr. REID (for Mr. KENNEDY (for himself, Mr. LEAHY, Ms. SNOWE, Ms. COLLINS, Mr. SPECTER, Mr. SCHUMER, Mr. DURBIN, Mrs. FEINSTEIN, Mr. LEVIN, Ms. MIKULSKI, Mr. WHITEHOUSE, Mr. CARDIN, Ms. KLOBUCHAR, Mr. LIEBERMAN, Mrs. GILLIBRAND, Mr. MERKLEY, Mr. REED, Mr. NELSON of Florida, Mr. KERRY, Mr. BINGAMAN, Mr. DODD, Mr. BAYH, Mr. UDALL of Colorado, Mrs. SHAHEEN, Mr. HARKIN, Mr. BROWN, Mrs. MURRAY, Mr. CASEY, Mr. JOHNSON, Mr. LAUTENBERG, Mr. NELSON of Nebraska, Ms. LANDRIEU, Ms. CANTWELL, and Mr. AKAKA)) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

-------------------------------------------------------------------------------

A BILL

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Matthew Shepard Hate Crimes Prevention Act'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(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) Such violence substantially affects interstate commerce in many ways, including the following:

(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.

(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

(C) Perpetrators cross State lines to commit such violence.

(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

(E) Such violence is committed using articles that have traveled in interstate commerce.

(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

( Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct 'races'. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

(9) 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.

(10) 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.

SEC. 3. DEFINITION OF HATE CRIME.

In this Act--

(1) the term 'crime of violence' has the meaning given that term in section 16, title 18, United States Code;

(2) the term 'hate crime' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and

(3) the term 'local' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.

SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.

(a) Assistance Other Than Financial Assistance-

(1) IN GENERAL- At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--

(A) constitutes a crime of violence;

(B) constitutes a felony under the State, local, or tribal laws; and

(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.

(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

(b) Grants-

(1) IN GENERAL- The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.

(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.

(3) APPLICATION-

(A) IN GENERAL- Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.

(C) REQUIREMENTS- A State, local, and tribal law enforcement agency applying for a grant under this subsection shall--

(i) describe the extraordinary purposes for which the grant is needed;

(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;

(iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.

(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.

(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.

(6) REPORT- Not later than December 31, 2010, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.

(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.

SEC. 5. GRANT PROGRAM.

(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.

(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.

SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.

(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

'Sec. 249. Hate crime acts

'(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, fined in accordance with this title, or both; and

'(B) shall be imprisoned for any term of years or for life, 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, fined in accordance with this title, or both; and

'(ii) shall be imprisoned for any term of years or for life, 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.

'(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR TERRITORIAL JURISDICTION OF THE UNITED STATES- Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.

'(b) Certification Requirement-

'(1) IN GENERAL- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that--

'(A) the State does not have jurisdiction;

'(B) the State has requested that the Federal Government assume jurisdiction;

'(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

'(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.

'(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

'(c) Definitions- In this section--

'(1) the term 'bodily injury' has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

'(2) the term 'explosive or incendiary device' has the meaning given such term in section 232 of this title;

'(3) the term 'firearm' has the meaning given such term in section 921(a) of this title; and

'(4) the term 'gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.'.

(b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

'249. Hate crime acts.'.

SEC. 8. STATISTICS.

(a) In General- Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting 'gender and gender identity,' after 'race,'.

(b) Data- Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ', including data about crimes committed by, and crimes directed against, juveniles' after 'data acquired under this section'.

SEC. 9. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

SEC. 10. RULE OF CONSTRUCTION.

For purposes of construing this Act and the amendments made by this Act the following shall apply:

(1) RELEVANT EVIDENCE- Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

(2) VIOLENT ACTS- This Act applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.

(3) CONSTITUTIONAL PROTECTIONS- Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

(4) FREE EXPRESSION- Nothing in this Act shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.




HR 1913 EHRFSCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 1913CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
April 30, 2009CommentsClose CommentsPermalink
Received; read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
--------------------------------------------------------------------------------
AN ACTCommentsClose CommentsPermalink

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.
This Act may be cited as the 'Local Law Enforcement Hate Crimes Prevention Act of 2009'.CommentsClose CommentsPermalink

SEC. 2. DEFINITION OF HATE CRIME.
In this Act--CommentsClose CommentsPermalink

(1) the term 'crime of violence' has the meaning given that term in section 16, title 18, United States Code;CommentsClose CommentsPermalink

(2) the term 'hate crime' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); andCommentsClose CommentsPermalink

(3) the term 'local' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.CommentsClose CommentsPermalink

SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance-CommentsClose CommentsPermalink

(1) IN GENERAL- At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--CommentsClose CommentsPermalink

(A) constitutes a crime of violence;CommentsClose CommentsPermalink

(B) constitutes a felony under the State, local, or tribal laws; andCommentsClose CommentsPermalink

(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.CommentsClose CommentsPermalink

(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.CommentsClose CommentsPermalink

(b) Grants-CommentsClose CommentsPermalink

(1) IN GENERAL- The Attorney General may award grants to State, local, and Tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.CommentsClose CommentsPermalink

(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.CommentsClose CommentsPermalink

(3) APPLICATION-CommentsClose CommentsPermalink

(A) IN GENERAL- Each State, local, or Tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.CommentsClose CommentsPermalink

(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.CommentsClose CommentsPermalink

(C) REQUIREMENTS- A State, local, or Tribal law enforcement agency applying for a grant under this subsection shall--CommentsClose CommentsPermalink

(i) describe the extraordinary purposes for which the grant is needed;CommentsClose CommentsPermalink

(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;CommentsClose CommentsPermalink

(iii) demonstrate that, in developing a plan to implement the grant, the State, local, or Tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service programs that have experience in providing services to victims of hate crimes; andCommentsClose CommentsPermalink

(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.CommentsClose CommentsPermalink

(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.CommentsClose CommentsPermalink

(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.CommentsClose CommentsPermalink

(6) REPORT- Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.CommentsClose CommentsPermalink

(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalink

SEC. 4. GRANT PROGRAM.
(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.CommentsClose CommentsPermalink

(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012, such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.CommentsClose CommentsPermalink

SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

'Sec. 249. Hate crime acts
'(a) In General-CommentsClose CommentsPermalink

2'(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--CommentsClose CommentsPermalink

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink

(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink

(i) death results from the offense; orCommentsClose CommentsPermalink

(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink

(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-CommentsClose CommentsPermalink

(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerouse 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--CommentsClose CommentsPermalink

(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink

(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink

(I) death results from the offense; orCommentsClose CommentsPermalink

(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink

(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink

(I) across a State line or national border; orCommentsClose CommentsPermalink

(II) using a channel, facility, or instrumentality of interstate or foreign commerce;CommentsClose CommentsPermalink

(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);CommentsClose CommentsPermalink

(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; orCommentsClose CommentsPermalink

(iv) the conduct described in subparagraph (A)--CommentsClose CommentsPermalink

(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; orCommentsClose CommentsPermalink

(II) otherwise affects interstate or foreign commerce.CommentsClose CommentsPermalink

(3) ADDITIONAL FEDERAL NEXUS FOR OFFENSE- Whoever, in the special maritime or territorial jurisdiction of the United States, or in Indian country, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as those provided for offenses under those paragraphs.CommentsClose CommentsPermalink

(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--CommentsClose CommentsPermalink

(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; andCommentsClose CommentsPermalink

(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--CommentsClose CommentsPermalink

(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;CommentsClose CommentsPermalink

(B) the State has requested that the Federal Government assume jurisdiction;CommentsClose CommentsPermalink

(C) the State does not object to the Federal Government assuming jurisdiction; orCommentsClose CommentsPermalink

(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.CommentsClose CommentsPermalink

(c) Definitions-CommentsClose CommentsPermalink

(1) In this section--CommentsClose CommentsPermalink

(A) the term 'explosive or incendiary device' has the meaning given such term in section 232 of this title;CommentsClose CommentsPermalink

'(B) the term 'firearm' has the meaning given such term in section 921(a) of this title; andCommentsClose CommentsPermalink

'(C) the term 'State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.CommentsClose CommentsPermalink

(2) For the purposes of this chapter, the term 'gender identity' means actual or perceived gender-related characteristics.CommentsClose CommentsPermalink

'(d) Statute of Limitations-CommentsClose CommentsPermalink

'(1) OFFENSES NOT RESULTING IN DEATH- Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.CommentsClose CommentsPermalink

'(2) DEATH RESULTING OFFENSES- An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.CommentsClose CommentsPermalink

'(e) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.'.CommentsClose CommentsPermalink

(b) Technical and Conforming Amendment- The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink

'249. Hate crime acts.'.CommentsClose CommentsPermalink

SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalink

SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution.CommentsClose CommentsPermalink

Passed the House of Representatives April 29, 2009.CommentsClose CommentsPermalink

[Tobina+1]

Summarize please?
OK, the first thing that stands out in my mind is that:
"Matthew Shepard Hate Crimes Prevention Act," (which is better known to conservatives as the "Pedophile Protection Act,")

How is that connection made?  Have they just, excuse me, "raped" this bill enough to add all the extra crap in there?  The Matthew Shepard case was hate crimes against same-sex orientation.  Pedophile to me means people who take advantage of children.  Am I mistaken?  Why would these two issues be connected? 

[kshillbillys]

This is what I found about why the conservatives are calling it the Pedophile Protection Act....

547 SEXUAL DEVIANCES TO BE PROTECTED BY FEDERAL MARSHALS

The forthcoming "poison pill" amendment will mirror a House bill H.R. 1913, already passed 249-175 along strict party lines, which makes "sexual orientation," "gender," and "gender identity" into federally-protected classes under the law, and codifies federal protection of up to 547 types of sexually deviant behaviors, including:

* Incest - sex with one's offspring (a crime, of course)
* Necrophilia - sexual relations with a corpse, also a crime
* Pedophilia - sex with an underage child, another crime
* Zoophilia - bestiality, a crime in numerous states
* Voyeurism - a criminal offense in most states
* Fronteurism - a man rubbing against an unknown woman's buttocks
* Coprophilia - sexual arousal from feces
* Urophilia - sexual arousal from urine

Attempts by House Republicans to add amendments stating "pedophilia is not protected as a sexual orientation" were specifically blocked and defeated by House Democrats.  Lesbian Congresswoman Tammy Baldwin (D-WI) expressed opposition to excluding pedophiles from the bill, and Democrats voted with her to strike any child-protection amendment. She claimed that pedophiles would not be defined within "sexual orientation," but wouldn't put that in writing, and refused to define that phrase "sexual orientation," which according to the American Psychiatric Association includes all 547 sexual deviances listed in their DSM-III manual of clinical psychoses, including pedophilia, so now thanks to most Democrats, child molesters will be protected by federal law. 

[dnalexander]

The DSM3 was replaced by the DSM4 back in 1994 and it is what is currently used in the psychiatric community to classify diagnosis and conditions. You will find that it is much different in its classification of sexual orientations.

David

[Tobina+1]

So, I'm still confused.  The bill (named after Matthew Shepard) is just about hate crimes against these types of offenders?  It's still a crime to commit those type of sexual crimes, but this bill protects them against hate crimes?  I suppose that's understandable; it should be a crime to beat anyone, for any reason (except home/personal invasion).  But it's still sad that they had to tack all these types of things onto this bill, which before all this deviant wording, was a pretty good, morally right bill...  You can't beat someone because they're different than you.

[dnalexander]

So, I'm still confused.  The bill (named after Matthew Shepard) is just about hate crimes against these types of offenders?  It's still a crime to commit those type of sexual crimes, but this bill protects them against hate crimes?  I suppose that's understandable; it should be a crime to beat anyone, for any reason (except home/personal invasion).  But it's still sad that they had to tack all these types of things onto this bill, which before all this deviant wording, was a pretty good, morally right bill...  You can't beat someone because they're different than you.

None of those "deviant" items were tacked on the bill.(Seems some people just refuse to read the bill as written). That is just the incorrect statement of the data source in kshillbilly's post. Your understanding that it is just about hate crimes where people injury others because of their sexual orientation.  It will not protect pedophiles from being prosecuted for their crimes.

David

[Anmar]

just another case of someone using falsehoods to try and get conservatives angry.

[Varmit]

You're right Diane, pedophillia should alone, and carry a death sentence penalty.