Dear Friends and Colleagues:
(from L. D. Misek-Falkoff, Ph.D., J.D..), National Disability Party; Respectful Interfaces; recipient groups addressed).
Here for your consideration - as communication of policy and practical plans -is partial text of a United States House of Representatives Bill recently passed and now going to the Senate. Among groups said to be covered under these definitions and descriptions are persons with disabilities, but other prominant ''labeled' classes as well.
It is being discussed on the Internet and elsewhere. Some feel it is a very good step against discrimination in a very vile form; some feel it hampers free expression and brings in law enforcement agencies with daunting over-reach.
It is forwarded to you for your possible input on policy concerning communications which might be characterized as hate crimes, and how you feel about the law developing.
The entire Bill Text for this section can be found at this link:
And here is an excerpt, with description of classes said to be covered - here shown in red and italics (both added):
H.R.3132
SEC. 1001. SHORT TITLE.
- This title may be cited as the `Local Law Enforcement Hate Crimes Prevention Act of 2005'.
SEC. 1002. FINDINGS.
- Congress makes the following findings:
- (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.
- (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.
- (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
- (4) Existing Federal law is inadequate to address this problem.
- (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
- (6) Such violence substantially affects interstate commerce in many ways, including--
- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and
- (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
- (7) Perpetrators cross State lines to commit such violence.
- (8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
- (9) Such violence is committed using articles that have traveled in interstate commerce.
- (10) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.
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