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H.R. 4603 (114th): Hate Crimes Prevention Act


The text of the bill below is as of Feb 24, 2016 (Introduced). The bill was not enacted into law.


I

114th CONGRESS

2d Session

H. R. 4603

IN THE HOUSE OF REPRESENTATIVES

February 24, 2016

(for himself, Mr. Conyers, Mr. Gutiérrez, Ms. Jackson Lee, Mr. Nadler, Ms. Kelly of Illinois, Mr. Van Hollen, Mr. Jeffries, Mr. Johnson of Georgia, Mrs. Carolyn B. Maloney of New York, Mr. Deutch, Mr. Honda, Mr. Hastings, Mr. Meeks, Mr. Grayson, Ms. Lee, Ms. Lofgren, Mr. Engel, Mr. Lowenthal, Mr. Crowley, Mr. Takano, Mr. Sean Patrick Maloney of New York, Mr. Rangel, and Ms. Judy Chu of California) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm.

1.

Short title

This Act may be cited as the Hate Crimes Prevention Act.

2.

Prevention of person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm

(a)

Definitions

Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

(36)

The term misdemeanor hate crime means an offense that—

(A)

is a misdemeanor under Federal, State, or tribal law; and

(B)

has, as an element, that the conduct of the offender was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity (as defined in section 249(c)(4)), or disability of any person.

(37)

The term enhanced hate crime misdemeanor sentence means a sentence imposed for a misdemeanor, based, in whole or in part, on a judicial finding that the conduct of the offender was motivated, in whole or in part, by hate or bias for any reason referred to in paragraph (36).

.

(b)

Prohibition on sale or other disposition of firearm

Section 922(d) of such title is amended in the 1st sentence—

(1)

in paragraph (8), by striking or at the end;

(2)

in paragraph (9), by striking the period and inserting ; or; and

(3)

by adding at the end the following:

(10)

has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence.

.

(c)

Prohibition on possession, shipment, or transport of firearm

Section 922(g) of such title is amended—

(1)

in paragraph (8), by striking or at the end;

(2)

in paragraph (9), by striking the comma and inserting ; or; and

(3)

by inserting after paragraph (9) the following:

(10)

who has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence,

.