,,ii #aaeth ,,congress #ast ,session ,s4 #ffb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjag ,mr4 ,blumenthal 7for himself1 ,mr4 ,sanders1 ,mr4 ,markey1 ,mr4 ,durbin1 ,mr4 ,merkley1 ,mr4 ,kaine1 ,ms4 ,baldwin1 ,mr4 ,wyden1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide incentives for hate crime reporting1 grants for ,state-run hate crime hotlines1 a ,federal private right of action for victims of hate crimes1 and additional penalties for individuals convicted under the ,matthew ,shephard and ,james ,byrd1 ,jr4 ,hate ,crimes ,prevention ,act4 #a4 ,short title ,this ,act may be cited as the ,national ,opposition to ,hate1 ,assault1 and ,threats to ,equality ,act of #bjag or ,,no ,,hate ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the incidence of violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim1 known as hate crimes or crimes motivated by bias1 poses a serious national problem4 7#b7 ,such violence disrupts the tranquility and safety of communities and is deeply divisive4 7#c7 ,a prominent characteristic of a violent crime motivated by bias is that it not only devastates the actual victim and the family and friends of the victim1 but also frequently ravages the community sharing the traits that caused the victim to be selected4 7#d7 ,according to data obtained by the ,federal ,bureau of ,investigation1 the incidence of such violence increased in #bjae1 the most recent year for which data is available1 in comparison to prior years4 7#e7 ,the ,hate ,crimes ,statistics ,act 7,public ,law #aja-bge2 #bh ,u4,s4,c4 #ecd note7 and the ,matthew ,shepard and ,james ,byrd1 ,jr4 ,hate ,crimes ,prevention ,act 7division ,e of ,public ,law #aaa-hd2 #abc ,stat4 #bhce7 have enabled ,federal authorities to understand and1 where appropriate1 investigate and prosecute hate crimes4 7#f7 ,however1 a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from ,federal1 ,state1 and local jurisdictions obtained through the ,uniform ,crime ,reports program authorized under section #ecd of title #bh1 ,united ,states ,code1 and administered by the ,federal ,bureau of ,investigation4 7#g7 ,increased implementation of the ,national ,incident-,based ,reporting ,system will enable the ,federal ,bureau of ,investigation to obtain more detailed and accurate information on many crimes1 including violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim4 7#h7 ,state-run hotlines that direct victims or witnesses of hate crimes to law enforcement or local support services will allow ,state and local law enforcement agencies1 as well as local community-based service providers1 to understand hate crimes more fully and to act accordingly4 7#i7 ,a ,federal private right of action provides an additional option of recourse for individuals who are targeted for violence based on actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7#aj7 ,many perpetrators of crimes motivated by bias may benefit from educational programming or volunteer service conducted in conjunction with1 under the guidance of1 or with the input of the community targeted by the hate crime4 7#aa7 ,federal financial assistance with regard to certain violent crimes motivated by bias enables ,federal1 ,state1 and local authorities to work together as partners in the investigation and prosecution of such crimes4 7#ab7 ,the problem of crimes motivated by bias is sufficiently serious1 widespread1 and interstate in nature as to warrant ,federal financial assistance to ,states and local jurisdictions4 #c4 ,reporting of hate crimes 7a7 ,definitions ,in this section-- 7#a7 the term hate crime means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability2 and 7#b7 the term ,uniform ,crime ,reports means the reports authorized under section #ecd of title #bh1 ,united ,states ,code1 and administered by the ,federal ,bureau of ,investigation that compile nationwide criminal statistics for use-- 7,a7 in law enforcement administration1 operation1 and management2 and 7,b7 to assess the nature and type of crime in the ,united ,states4 7b7 ,implementation grants 7#a7 ,in general ,the ,attorney ,general may make grants to ,states and units of local government to assist the ,state or unit of local government in implementing the ,national ,incident-,based ,reporting ,system1 including to train employees in identifying and classifying hate crimes in the ,national ,incident-,based ,reporting ,system4 7#b7 ,priority ,in making grants under paragraph 7#a71 the ,attorney ,general shall give priority to ,states and units of local government with larger populations4 7c7 ,reporting 7#a7 ,compliance 7,a7 ,in general ,except as provided in subparagraph 7,b71 in each fiscal year beginning after the date that is #c years after the date on which a ,state or unit of local government first receives a grant under subsection 7b71 the ,state or unit of local government shall provide to the ,attorney ,general1 through the ,uniform ,crime ,reporting system1 information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year4 7,b7 ,extensions2 waiver ,the ,attorney ,general-- 7i7 may provide a #abj-;day extension to a ,state or unit of local government that is making good faith efforts to comply with subparagraph 7,a72 and 7ii7 shall waive the requirements of subparagraph 7,a7 if compliance with that subparagraph by a ,state or unit of local government would be unconstitutional under the constitution of the ,state or of the ,state in which the unit of local government is located1 respectively4 7#b7 ,failure to comply ,if a ,state or unit of local government that receives a grant under subsection 7b7 fails to substantially comply with paragraph 7#a7 of this subsection1 the ,state or unit of local government shall repay the grant in full1 plus reasonable interest and penalty charges allowable by law or established by the ,attorney ,general4 #d4 ,grants for ,state-run hate crime hotlines 7a7 ,definition ,in this section1 the term hate crime means a criminal offense against a person or property motivated in whole or in part by an offender's bias against a race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7b7 ,grants authorized 7#a7 ,in general ,the ,attorney ,general shall make grants to ,states to create ,state-run hate crime reporting hotlines4 7#b7 ,grant period ,a grant made under paragraph 7#a7 shall be for a period of not more than #e years4 7c7 ,hotline requirements ,a ,state shall ensure1 with respect to a hotline funded by a grant under subsection 7b71 that-- 7#a7 the hotline directs individuals to-- 7,a7 law enforcement if appropriate2 and 7,b7 local support services2 7#b7 any personally identifiable information that an individual provides to an agency of the ,state through the hotline is not directly or indirectly disclosed1 without the consent of the individual1 to-- 7,a7 any other agency of that ,state2 7,b7 any other ,state2 7,c7 the ,federal ,government2 or 7,d7 any other person or entity2 7#c7 the staff members who operate the hotline are trained to be knowledgeable about-- 7,a7 applicable ,federal1 ,state1 and local hate crime laws2 and 7,b7 local law enforcement resources and applicable local support services2 and 7#d7 the hotline is accessible to-- 7,a7 individuals with limited ,english proficiency1 where appropriate2 and 7,b7 individuals with disabilities4 7d7 ,best practices ,the ,attorney ,general shall issue guidance to ,states on best practices for implementing the requirements of subsection 7c74 #e4 ,private right of action for crimes motivated by actual or perceived race1 color1 religion1 or national origin 7a7 ,definitions ,in this section-- 7#a7 the term crime means an act or series of acts that would constitute a criminal offense under ,federal or ,state law1 whether or not the act or acts-- 7,a7 have actually resulted in criminal charges1 prosecution1 or conviction2 or 7,b7 were committed in the special maritime and territorial jurisdiction of the ,united ,states or in a ,federal prison2 and 7#b7 the term crime motivated by actual or perceived race1 color1 religion1 or national origin means a crime committed because of actual or perceived race1 color1 religion1 or national origin4 7b7 ,purpose ,pursuant to the affirmative power of ,congress to enact this section under section #b of the ,thirteenth ,amendment to the ,constitution of the ,united ,states1 as well as under section #h of ,article ,i of the ,constitution1 the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived race1 color1 religion1 or national origin and to promote public safety1 health1 and activities affecting interstate commerce by establishing a ,federal civil rights cause of action for victims of crime motivated by actual or perceived race1 color1 religion1 or national origin4 7c7 ,right ,to be free from certain crimes ,all persons within the ,united ,states shall have the right to be free from crimes motivated by actual or perceived race1 color1 religion1 or national origin4 7d7 ,cause of action ,a person 7including a person who acts under color of any statute1 ordinance1 regulation1 custom1 or usage of any ,state7 who commits a crime motivated by actual or perceived race1 color1 religion1 or national origin1 and thus deprives another of the right declared in subsection 7c71 shall be liable to the party injured1 in an action for the recovery of compensatory and punitive damages1 injunctive and declaratory relief1 and such other relief as a court may deem appropriate4 7e7 ,damages ,in any civil action brought under this section in which the plaintiff prevails1 the court-- 7#a7 shall award treble compensatory damages and a reasonable attorney's fee2 and 7#b7 may1 in its discretion1 award equitable relief4 7f7 ,limitations 7#a7 ,period of limitations ,an action under this section may not be commenced later than #c years after the date of the act complained of4 7#b7 ,rule of construction ,nothing in this section shall be construed to authorize a cause of action under subsection 7d7 for-- 7,a7 a random act unrelated to actual or perceived race1 color1 religion1 or national origin2 or 7,b7 an act that cannot be demonstrated1 by a preponderance of the evidence1 to be a crime motivated by actual or perceived race1 color1 religion1 or national origin4 7g7 ,concurrent jurisdiction ,the district courts of the ,united ,states shall have original jurisdiction1 concurrent with ,state courts1 of an action under this section4 7h7 ,no prior criminal action ,nothing in this section shall be construed to require a prior criminal complaint1 prosecution1 or conviction to establish the elements of a cause of action under subsection 7d74 #f4 ,private right of action for crimes motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability 7a7 ,definitions ,in this section-- 7#a7 the term crime means an act or series of acts that would constitute a criminal offense under ,federal or ,state law1 whether or not the act or acts have actually resulted in criminal charges1 prosecution1 or conviction2 and 7#b7 the term crime motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability means a crime committed because of actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7b7 ,purpose ,pursuant to the affirmative power of ,congress to enact this section under clause #c of section #h of ,article ,i of the ,constitution of the ,united ,states 7commonly known as the ,commerce ,clause71 the purpose of this section is to protect the civil rights of victims of crimes motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability and to promote public safety1 health1 and activities affecting interstate commerce by establishing a ,federal civil rights cause of action for victims of crime motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7c7 ,right ,to be free from certain crimes ,all persons within the ,united ,states shall have the right to be free from crimes motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7d7 ,cause of action 7#a7 ,in general ,a person 7including a person who acts under color of any statute1 ordinance1 regulation1 custom1 or usage of any ,state71 in any circumstance described in paragraph 7#b7 or within the special maritime and territorial jurisdiction of the ,united ,states or a ,federal prison1 who commits a crime motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability1 and thus deprives another of the right declared in subsection 7c71 shall be liable to the party injured1 in an action for the recovery of compensatory and punitive damages1 injunctive and declaratory relief1 and such other relief as a court may deem appropriate4 7#b7 ,circumstances described ,for purposes of paragraph 7#a71 the circumstances described in this paragraph are that-- 7,a7 the conduct described in paragraph 7#a7 occurs during the course of1 or as the result of1 the travel of the defendant or the victim-- 7i7 across a ,state line or national border2 or 7ii7 using a channel1 facility1 or instrumentality of interstate or foreign commerce2 7,b7 the defendant uses a channel1 facility1 or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph 7#a72 7,c7 in connection with the conduct described in paragraph 7#a71 the defendant employs a firearm1 dangerous weapon1 explosive or incendiary device1 or other weapon that has traveled in interstate or foreign commerce2 7,d7 the conduct described in paragraph 7#a7-- 7i7 interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct2 or 7ii7 otherwise affects interstate or foreign commerce4 7e7 ,damages ,in any civil action brought under this section in which the plaintiff prevails1 the court-- 7#a7 shall award treble compensatory damages and a reasonable attorney's fee2 and 7#b7 may1 in its discretion1 award equitable relief4 7f7 ,limitations 7#a7 ,period of limitation ,an action under this section may not be commenced later than #c years after the date of the act complained of4 7#b7 ,rule of construction ,nothing in this section shall be construed to authorize a cause of action under subsection 7d7 for-- 7,a7 a random act unrelated to actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability2 or 7,b7 an act that cannot be demonstrated1 by a preponderance of the evidence1 to be a crime motivated by actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability4 7g7 ,concurrent jurisdiction ,the district courts of the ,united ,states shall have original jurisdiction1 concurrent with ,state courts1 of an action under this section4 7h7 ,no prior criminal action ,nothing in this section shall be construed to require a prior criminal complaint1 prosecution1 or conviction to establish the elements of a cause of action under subsection 7d74 #g4 ,additional criminal penalties ,section #bdi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,supervised release ,if a court includes1 as a part of a sentence of imprisonment imposed for a violation of subsection 7a71 a requirement that the defendant be placed on a term of supervised release after imprisonment under section #cehc1 the court may order1 as an explicit condition of supervised release1 that the defendant undertake educational classes or community service directly related to the community harmed by the defendant's offense4 4