{ "id": "RS20678", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20678", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 102833, "date": "2002-05-17", "retrieved": "2016-05-24T20:10:21.143941", "title": "Hate Crimes: Sketch of Selected Proposals and Congressional Authority", "summary": "Hate crime legislation ( S. 625 / H.R. 1343 ), comparable to a measure which\npassed the Senate as an amendment to the National Defense Authorization Act for Fiscal Year 2001\n(but which was dropped prior to passage), has been introduced with a substantial number of\ncosponsors in both the House and Senate. It outlaws hate crimes, establishes a system of Justice\nDepartment and grant program assistance, and instructs the Sentencing Commission to examine adult\nrecruitment of juveniles to commit hate crimes. It has been reported out of committee unchanged\nin the Senate, S.Rept. 107-147 (2002). An alternative ( H.R. 74 ), more sweeping in its\ncriminal provisions and more modest in its grant provisions, has also been proposed. \n In both alternatives, the newly established federal offenses take two forms and are based\n on\nCongress' legislative authority under the commerce clause, the legislative sections of the Thirteenth,\nFourteenth, and Fifteenth Amendment. One species outlaws hate crimes committed on the basis of\nrace, color, religion, national origin, gender, sexual orientation, or disability under various commerce\nclause circumstances and appears consistent with the Supreme Court's pronouncements in\n Lopez and\n Morrison. The other forbids hate crimes committed on the basis of race, color, religion\nor national\norigin. Although its claim to Congressional authority seems strongest when based on the Thirteenth\nAmendment and proscribing violence committed on the basis of race, its hold appears otherwise\nmore tenuous.\n This report is an abridged version of CRS Report RL30681(pdf) , Hate Crimes: Summary of\n Selected\nProposals and Congressional Authority , stripped of the footnotes, authorities, and appendices\nof that\nreport; for additional related information, see also CRS Report 98-300, Hate Crime\nLegislation: An\nUpdate .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RS20678", "sha1": "53f783def3de110cbb78a4bcf95a4297fad82a69", "filename": "files/20020517_RS20678_53f783def3de110cbb78a4bcf95a4297fad82a69.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20678", "sha1": "994a5f835f6456d82cfb4e26e95cd75b91109121", "filename": "files/20020517_RS20678_994a5f835f6456d82cfb4e26e95cd75b91109121.pdf", "images": null } ], "topics": [] } ], "topics": [ "National Defense" ] }