A broad coalition of civil rights and women's rights groups, municipal associations, and law enforcement organizations is supporting a proposal to amend the federal criminal civil rights statute 18 U.S.C. 245 to broaden federal jurisdiction to address hate violence. The legislation would add coverage for actual or perceived sexual orientation, sex, and disability and expand the circumstances under which crimes based on actual or perceived race, national origin, and religion may be prosecuted.
To document the need for this legislation -- and to prepare for any future court challenges -- we need your help to compile information on the economic impact of these of crimes. We also need examples of situations in which state and local law enfocement authorities have refused to prosecute these incidents of hate violence -- or were unable to do so because of lack of resources or limitations in state law. We are also looking for documentation of instances that demonstrate the inadequacy of state remedies for these crimes. Here's why:
Courts have relied on the legislative history, which includes such examples of the Freedom of Access to Clinic Entrances Act (FACE) and the Violence Against Women Act (VAWA) civil rights provision in upholding those statutes, while the Supreme Court's recent ruling striking down the Religious Freedom Restoration Act (RFRA) noted that the record before Congress was insufficient. Please help this campaign by providing any information you have that fits within the categories described on the following page. The best information is published studies or reports by researchers or government entities; next best are reports or surveys issued by advocacy groups. If you send a report or study, please include information about how the data was documented. Where possible, we need original sources and news clippings. Anecdotal information may also be helpful -- especially if it contains documentation such as names, dates, specific details of the incident/response, and investigation or court results.
We need this information regarding all the protected categories, but the new additions -- actual or perceived sexual orientation, sex, and disability -- are the most crucial. Information about incidents based on someone's association with a member of a protected group would also be helpful.
Here are the kinds of information we need:
1) Regarding Congressional Authority Under the COMMERCE CLAUSE
We need to demonstrate the economic effects of bias cime incidents. The key is that the behavior affecting commerce is a result of a bias crime incident or due to fear of becoming a victim of that crime.
Effect on Travel -- Evidence that members of protected groups don't travel or use public transportation because of fear they will be harmed, or that interstate travel is increased, either through a victim's flight, or because perpetrators move interstate to commit bias crimes.
Effect on Commercial Transactions -- Evidence that members of protected groups spend less on goods and services -- don't go out to bars, restaurants and shopping centers, don't go to businesses or establighments in particular parts of town or at particular times of the day or night. Evidence that bias crime incidents occur in or near commercial establishments. Evidence that particular types of spending (health care/insurance, security devices, self-defense training, expenses of moving to escape violence) increases.
Effect on Employment -- Evidence that members of protected groups withdraw from school, miss classes or otherwise suffer a loss of education. Evidence that educational institutions increase spending due to bias crimes (security, counseling, training).
Effect on the Use of Government Benefits -- Evidence that bias crime incidents increase the need for government benefits, including government-provided health care, welfare benfits, social security, disability, unemployment, any others.
2) Regarding Congressional Authority Under the FOURTEENTH AMENDMENT
We need evidence that state and local (and even existing federal) laws and criminal justice practices are insufficient -- especially for those sex-based incidents which most likely merit federal involvement: those involving egregious violence, multiple victims, interstate activity, or where local officials are actively covering up for the perpetrator. Information on the response to stranger rape is particularly needed.
Evidence that existing law is insufficient -- States and local jurisdictions that lack any hate crimes coverage, which ones lack coverage for particular protected groups. Evidence that locals are overwhelmed -- by organized groups of assailants or interstate problems.
Evidence that existing law is under-enforced -- where very small numbers are being reported to authorities, and if possible the reasons, including fear that the system is biased against that group, documented problems with reporting. In states with hate crime laws: evidence they are underutilized; enforcement problems and limitations.
Evidence of bias by state and local officials -- any studies of bias in law enforcement, courts, or presecutors' offices. Incidents of demonstrated bias against particular victims. Incidents where local officials seek to protect the perpetrator, including where the perpetrator is a friend or prominent community member; other problems in rural/isolated areas.
Thank you for your help!
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