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34 U.S.C. § 30507 — Jabara-Heyer NO HATE Act

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 30507 — Jabara-Heyer NO HATE Act

**(a) Short title** This section may be cited as the “Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021” or the “Jabara-Heyer NO HATE Act”. **(b) Findings** Congress finds the following: (1) The incidence of violence known as hate crimes, or crimes motivated by bias, poses a serious national problem. (2) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2019, the most recent year for which data is available. (3) In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; [28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note) 11 See References in Text note below. to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crime Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) 1 have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (4) A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in [section 249(b)(1)(C) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section249/b/1/C&num=0&edition=prelim). (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-p

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Source location: Title 34, Chapter 305, § 30507; chapter-305-hate-crimes.md

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**(a) Short title** This section may be cited as the “Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021” or the “Jabara-Heyer NO HATE Act”. **(b) Findings** Congress finds the following: (1) The incidence of violence known as hate crimes, or crimes motivated by bias, poses a serious national problem. (2) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2019, the most recent year for which data is available. (3) In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; [28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note) 11 See References in Text note below. to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crime Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) 1 have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (4) A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in [section 249(b)(1)(C) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section249/b/1/C&num=0&edition=prelim). (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) and administered by the Federal Bureau of Investigation. (6) Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes. (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions. (8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. **(c) Definitions** In this section: (1) **Hate crime** — The term “hate crime” means an act described in section 245, 247, or 249 of title 18 or in [section 3631 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3631&num=0&edition=prelim). (2) **Priority agency** — The term “priority agency” means— (A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or (B) a law enforcement agency of a unit of local government that— (i) serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and (ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available. (3) **State** — The term “State” has the meaning given the term in [section 10251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10251&num=0&edition=prelim). (4) **Uniform Crime Reports** — The term “Uniform Crime Reports” means the reports authorized under [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use— (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (5) **Unit of local government** — The term “unit of local government” has the meaning given the term in [section 10251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10251&num=0&edition=prelim). **(d) Reporting of hate crimes** (1) **Implementation grants** (A) *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 System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System. (B) *Priority* — In making grants under subparagraph (A), the Attorney General shall give priority to States and units of local government that develop and implement the programs and activities described in subsection (f)(2)(A). (2) **Reporting** (A) *Compliance* (i) *In general* — Except as provided in clause (ii), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under paragraph (1), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year. (ii) *Extensions; waiver* — The Attorney General— (I) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with clause (i); and (II) shall waive the requirements of clause (i) 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 located, respectively. (B) *Failure to comply* — If a State or unit of local government that receives a grant under paragraph (1) fails to substantially comply with subparagraph (A) of this paragraph, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General. **(e) Grants for State-run hate crime hotlines** (1) **Grants authorized** (A) *In general* — The Attorney General shall make grants to States to create State-run hate crime reporting hotlines. (B) *Grant period* — A grant made under subparagraph (A) shall be for a period of not more than 5 years. (2) **Hotline requirements** — A State shall ensure, with respect to a hotline funded by a grant under paragraph (1), that— (A) the hotline directs individuals to— (i) law enforcement if appropriate; and (ii) local support services; (B) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to— (i) any other agency of that State; (ii) any other State; (iii) the Federal Government; or (iv) any other person or entity; (C) the staff members who operate the hotline are trained to be knowledgeable about— (i) applicable Federal, State, and local hate crime laws; and (ii) local law enforcement resources and applicable local support services; and (D) the hotline is accessible to— (i) individuals with limited English proficiency, where appropriate; and (ii) individuals with disabilities. (3) **Best practices** — The Attorney General shall issue guidance to States on best practices for implementing the requirements of paragraph (2). **(f) Information collection by States and units of local government** (1) **Definitions** — In this subsection: (A) *Covered agency* — The term “covered agency” means— (i) a State law enforcement agency; and (ii) a priority agency. (B) *Eligible entity* — The term “eligible entity” means— (i) a State; or (ii) a unit of local government that has a priority agency. (2) **Grants** (A) *In general* — The Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program, including— (i) adopting a policy on identifying, investigating, and reporting hate crimes; (ii) developing a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (iii) establishing a unit specialized in identifying, investigating, and reporting hate crimes; (iv) engaging in community relations functions related to hate crime prevention and education such as— (I) establishing a liaison with formal community-based organizations or leaders; and (II) conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and (v) providing hate crime trainings for agency personnel. (B) *Subgrants* — A State that receives a grant under subparagraph (A) may award a subgrant to a unit of local government within the State for the purposes under that subparagraph, except that a unit of local government may provide funding from such a subgrant to any law enforcement agency of the unit of local government. (3) **Information required of States and units of local government** (A) *In general* — For each fiscal year in which a State or unit of local government receives a grant or subgrant under paragraph (2), the State or unit of local government shall— (i) collect information from each law enforcement agency that receives funding from the grant or subgrant summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and (ii) submit to the Attorney General a report containing the information collected under clause (i). (B) *Semiannual law enforcement agency report* (i) *In general* — In collecting the information required under subparagraph (A)(i), a State or unit of local government shall require each law enforcement agency that receives funding from a grant or subgrant awarded to the State or unit of local government under paragraph (2) to submit a semiannual report to the State or unit of local government that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program. (ii) *Contents* — In a report submitted under clause (i), a law enforcement agency shall, at a minimum, disclose— (I) whether the agency has adopted a policy on identifying, investigating, and reporting hate crimes; (II) whether the agency has developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (III) whether the agency has established a unit specialized in identifying, investigating, and reporting hate crimes; (IV) whether the agency engages in community relations functions related to hate crime, such as— (aa) establishing a liaison with formal community-based organizations or leaders; and (bb) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (V) the number of hate crime trainings for agency personnel, including the duration of the trainings, conducted by the agency during the reporting period. (4) **Compliance and redirection of funds** (A) *In general* — Except as provided in subparagraph (B), beginning not later than 1 year after May 20, 2021, a State or unit of local government receiving a grant or subgrant under paragraph (2) shall comply with paragraph (3). (B) *Extensions; waiver* — The Attorney General— (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to collect the information required under paragraph (3); and (ii) shall waive the requirements of paragraph (3) for a State or unit of local government if compliance with that subsection by the 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 located, respectively. **(g) Requirements of the Attorney General** (1) **Information collection and analysis; report** — In order to improve the accuracy of data regarding the incidence of hate crime provided through the Uniform Crime Reports program, and promote a more complete understanding of the national problem posed by hate crime, the Attorney General shall— (A) collect and analyze the information provided by States and units of local government under subsection (f) for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; [28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note) 1 by the Federal Bureau of Investigation; and (B) for each calendar year beginning after May 20, 2021, publish and submit to Congress a report based on the information collected and analyzed under subparagraph (A). (2) **Contents of report** — A report submitted under paragraph (1) shall include— (A) a qualitative analysis of the relationship between— (i) the number of hate crimes reported by State law enforcement agencies or other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) through the Uniform Crime Reports program; and (ii) the nature and extent of law enforcement activities or crime reduction programs conducted by those agencies to prevent, address, or otherwise respond to hate crime; and (B) a quantitative analysis of the number of State law enforcement agencies and other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) that have— (i) adopted a policy on identifying, investigating, and reporting hate crimes; (ii) developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (iii) established a unit specialized in identifying, investigating, and reporting hate crimes; (iv) engaged in community relations functions related to hate crime, such as— (I) establishing a liaison with formal community-based organizations or leaders; and (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (v) conducted hate crime trainings for agency personnel during the reporting period, including— (I) the total number of trainings conducted by each agency; and (II) the duration of the trainings described in subclause (I). **(h) Omitted**

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 41305 — Hate crime statistics

**(a)** This Act may be cited as the “Hate Crime Statistics Act”. **(b)** (1) Under the authority of [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim), the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property. (2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [[5 U.S.C. 551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) et seq., 701 et seq.] or the All Writs Act [[28 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1651&num=0&edition=prelim)]. (4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of identification records and information; appointment of officials

**(a)** The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. **(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. **(c)** The Attorney General may appoint officials to perform the functions authorized by this section. **(d) Indian Law Enforcement Agencies.—** (1) **In general.—** — The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10251 — General provisions

**(a) Definitions** As used in this chapter— (1) “criminal justice” means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency; (2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of [section 10156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156/a&num=0&edition=prelim), American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state 11 So in original. Probably should be capitalized. and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.22 So in original. The period probably should be a semicolon. (3) “unit of local government” means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is esta

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 249 — Hate crime acts

**(a) In General.—** (1) **Offenses involving actual or perceived race, color, religion, or national origin.—** — Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) **Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—** (A) *In general.—* — Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnapping or an attempt to ki

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3631 — Violations; penalties

Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with— **(a)** any person because of his race, color, religion, sex, handicap (as such term is defined in [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3602&num=0&edition=prelim)), familial status (as such term is defined in [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3602&num=0&edition=prelim)), or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or **(b)** any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— (1) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3602&num=0&edition=prelim)), familial status (as such term is defined in [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3602&num=0&edition=prelim)), or national origin, in any of the activities, services, organizations or facilities described in subsection (a); or (2) affording another person or class of persons opportunity or protection so to participate; or **(c)** any citizen because he is or has been, or in order to discourage such cit

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of

Page 221 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 534 ‘‘(iii) the number, by programs, of undercover in- vestigative operations closed in the one-year period preceding the period for which such report is sub- mitted and, with respect to each such closed under- cover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General’s Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information per- taining to— ‘‘(I) the results, ‘‘(II) any civil claims, and ‘‘(III) identification of such sensitive cir- cumstances involved, that arose at any time during the course of such undercover operation. ‘‘(6) For purposes of paragraph (5)— ‘‘(A) the term ‘closed’ refers to the earliest point in time at which— ‘‘(i) all criminal proceedings (other than appeals) are concluded, or ‘‘(ii) covert activities are concluded, whichever occurs later, ‘‘(B) the term ‘employees’ means employees, as de- fined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and ‘‘(C) the terms ‘undercover investigative oper- ations’ and ‘undercover operation’ mean any under- cover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Adminis- tration (other than a foreign counterintelligence un- dercover investigative operation)— ‘‘(i) in which— ‘‘(I) the gross receipts (excluding interest earned) exceed $50,000, or ‘‘(II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and ‘‘(ii) which is exempt from section 3302 or 9102 of title 31 of the United Stat

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 30507 — Jabara-Heyer NO HATE Act

Page 580 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30506 1 See References in Text note below. thew Shepard and James Byrd, Jr. Hate Crimes Preven- tion Act. For complete classification of division E to the Code, see Short Title of 2009 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified as a note under sec- tion 249 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section. § 30506. Rule of construction For purposes of construing this division and the amendments made by this division the fol- lowing shall apply: (1) In general Nothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the ab- sence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this di- vision is intended to affect the existing rules of evidence. (2) Violent acts This division applies to violent acts moti- vated by actual or perceived race, color, reli- gion, national origin, gender, sexual orienta- tion, gender identity, or disability of a victim. (3) Construction and application Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of whether compelled by

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