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H.R. 61: Leading Against White Supremacy Act of 2023


The text of the bill below is as of Jan 9, 2023 (Introduced).


I

118th CONGRESS

1st Session

H. R. 61

IN THE HOUSE OF REPRESENTATIVES

January 9, 2023

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent and prosecute white supremacy inspired hate crime and conspiracy to commit white supremacy inspired hate crime and to amend title 18, United States Code, to expand the scope of hate crimes.

1.

Short title

This Act may be cited as the Leading Against White Supremacy Act of 2023.

2.

White supremacy inspired hate crime

(a)

In general

A person engages in a white supremacy inspired hate crime when white supremacy ideology has motivated the planning, development, preparation, or perpetration of actions that constituted a crime or were undertaken in furtherance of activity that, if effectuated, would have constituted a crime.

(b)

Conspiracy

A conspiracy to engage in white supremacy inspired hate crime shall be determined to exist—

(1)

between two or more persons engaged in the planning, development, preparation, or perpetration of a white supremacy inspired hate crime; or

(2)

between two or more persons—

(A)

at least one of whom engaged in the planning, development, preparation, or perpetration of a white supremacy inspired hate crime; and

(B)

at least one of whom published material advancing white supremacy, white supremacist ideology, antagonism based on replacement theory, or hate speech that vilifies or is otherwise directed against any non-White person or group, and such published material—

(i)

was published on a social media platform or by other means of publication with the likelihood that it would be viewed by persons who are predisposed to engaging in any action in furtherance of a white supremacy inspired hate crime, or who are susceptible to being encouraged to engage in actions in furtherance of a white supremacy inspired hate crime;

(ii)

could, as determined by a reasonable person, motivate actions by a person predisposed to engaging in a white supremacy inspired hate crime or by a person who is susceptible to being encouraged to engage in actions relating to a white supremacy inspired hate crime; and

(iii)

was read, heard, or viewed by a person who engaged in the planning, development, preparation, or perpetration of a white supremacy inspired hate crime.

(c)

Department of Justice authority, enforcement, monitoring, and reporting

The Department shall have authority to conduct operations and activities pursuant to this section, specifically—

(1)

with regard to information or evidence obtained by the Department of any action cited in this section, the Department shall have the authority to investigate, intercede, and undertake other actions that it deems necessary and appropriate to interdict, mitigate, or prevent such action from culminating in violent activity;

(2)

the Department shall have the authority to prosecute persons who engaged in actions cited in this section; and

(3)

the Uniform Crime Reporting Program in the Department of Justice shall maintain records of white supremacy inspired hate crimes and related actions cited in this section, and enforcement actions in response thereto.

The Department shall provide annual reports to the appropriate committees in Congress that shall include information cited in this paragraph.
3.

Criminal offense

Section 249(a)(1) of title 18, United States Code, is amended—

(1)

in the matter preceding subparagraph (A) by inserting after race, color, religion, or national origin of any person the following: , or because of a white supremacy based motivation against any person; and

(2)

in subparagraph (B)—

(A)

in clause (i), by striking or at the end;

(B)

in clause (ii), by striking the period and inserting ; or; and

(C)

by adding at the end the following:

(iii)

the offense was in furtherance of a white supremacy based motivation.

.

4.

Findings

Section 4702 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (18 U.S.C. 249 note) is amended by adding at the end the following:

(11)

Mass shootings and other hate crimes motivated by white supremacy have been increasing in frequency and intensity. These heinous and virulent crimes are inspired by conspiracy theories, blatant bigotry, and mythical falsehoods such as “replacement theory”. All instances must be prevented and severe criminal penalties must be applied to their perpetrators.

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