May 19, 2004

Smith Introduces Hate Crimes Amendment

Smith Introduced Amendment to Expand Federal Law to Include Gender, Sexual Orientation, and Disability

Washington, DC – Today, Senator Gordon Smith (R-OR) announced that he and Senator Ted Kennedy (D-MA) introduced the Local Law Enforcement Enhancement Act as an amendment to the National Defense Authorization Act for FY 2005 (S. 2400).

"The first duty of government is to protect and defend its citizens," said Smith. "As hearts in America have changed, so have minds and our nation is ready for a hate crimes bill to help our government do its duty. If passing it as an amendment to another bill is what it takes, let's do it and put our government behind potential victims of hate crimes."

Since 1969, 18 U.S.C. §245 has permitted federal prosecution of hate crimes motivated by race, religion, national origin, or color, if the victim was engaging in one of six "federally protected" activities. It has become clear that the statute needs to be amended. To this end, Senators Kennedy and Smith introduced the Local Law Enforcement Enhancement Act. The legislation would broaden federal jurisdiction to include hate crimes that cause death or bodily injury and add sexual orientation, gender, and disability to the covered categories of hate crimes.

"Hate crimes legislation sends a signal that violence of any kind is unacceptable," said Smith. "When someone is targeted because of who they are, it is an attack on their entire community, and the values of tolerance that we, as a nation, hold dear."

Senator Smith first sponsored the bill with Senator Kennedy in 1999 and again in 2001 and 2003. It was also introduced and passed as an amendment to the Commerce, Justice, State appropriations bill in 1999 and the Defense Department authorization bill in 2000 but removed in conference committee for each bill. In 2003 it was introduced as an amendment to the Foreign Relations Authorization Act but did not pass due to a procedural vote.

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