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, or central to, a system of religious belief), speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that com- pelling governmental interest, if such exercise of religion, speech, expression, or association was not intended to— (A) plan or prepare for an act of physical violence; or (B) incite an imminent act of physical vio- lence against another. (4) Free expression Nothing in this division shall be construed to allow prosecution based solely upon an indi- vidual’s expression of racial, religious, polit- ical, or other beliefs or solely upon an individ- ual’s membership in a group advocating or es- pousing such beliefs. (5) First amendment Nothing in this division, or an amendment made by this division, shall be construed to di- minish any rights under the first amendment to the Constitution of the United States. (6) Constitutional protections Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (re- gardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstra- tion. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to com- mit, or committing an act of violence. (Pub. L. 111–84, div. E, § 4710, Oct. 28, 2009, 123 Stat. 2841.) Editorial Notes REFERENCES IN TEXT This division, referred to in text, is division E of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2835, known as the Mat- 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. § 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 Fed- eral Bureau of Investigation, the incidence of such violence increased in 2019, the most re- cent 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 note) 1 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 Mat- thew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) 1 have enabled Fed- eral authorities to understand and, where ap- propriate, 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 inter- est in eradicating bias-motivated violence ref- erenced in section 249(b)(1)(C) of title 18. (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 Uni- form Crime Reports program authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation. Page 581 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30507 (6) Multiple factors contribute to the provi- sion of inaccurate and incomplete data regard- ing 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 enforce- ment 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 inter- state 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 investiga- tion and prosecution of such crimes. (c) Definitions In this section: (1) Hate crime The term ‘‘hate crime’’ means an act de- scribed in section 245, 247, or 249 of title 18 or in section 3631 of title 42. (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. (4) Uniform Crime Reports The term ‘‘Uniform Crime Reports’’ means the reports authorized under section 534 of title 28 and administered by the Federal Bu- reau of Investigation that compile nationwide criminal statistics for use— (A) in law enforcement administration, op- eration, 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. (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 as- sist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train em- ployees in identifying and classifying hate crimes in the National Incident-Based Re- porting 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 ac- tivities 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 Uni- form Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fis- cal 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 sub- paragraph 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 gov- ernment 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 Attor- ney 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 re- porting 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 hot- line 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; Page 582 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30507 (iii) the Federal Government; or (iv) any other person or entity; (C) the staff members who operate the hot- line 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 pro- ficiency, 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, ad- dress, 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, in- vestigating, and reporting hate crimes; (ii) developing a standardized system of collecting, analyzing, and reporting the in- cidence 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 lead- ers; and (II) conducting public meetings or edu- cational 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 sub- paragraph (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 en- forcement agency that receives funding from the grant or subgrant summarizing the law enforcement activities or crime re- duction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activi- ties or programs relate to reporting hate crimes through the Uniform Crime Re- ports program; and (ii) submit to the Attorney General a re- port containing the information collected under clause (i). (B) Semiannual law enforcement agency re- port (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 re- port to the State or unit of local govern- ment 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, particu- larly as those activities or programs relate to reporting hate crimes through the Uni- form Crime Reports program. (ii) Contents In a report submitted under clause (i), a law enforcement agency shall, at a min- imum, 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, ana- lyzing, and reporting the incidence of hate crime; (III) whether the agency has estab- lished 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 for- mal community-based organizations or leaders; and (bb) conducting public meetings or educational forums on the impact of hate crime, services available to hate Page 583 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30507 crime victims, and the relevant Fed- eral, State, and local laws pertaining to hate crime; and (V) the number of hate crime trainings for agency personnel, including the dura- tion 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 re- ceiving 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 in- formation required under paragraph (3); and (ii) shall waive the requirements of para- graph (3) for a State or unit of local gov- ernment if compliance with that sub- section by the State or unit of local gov- ernment would be unconstitutional under the constitution of the State or of the State in which the unit of local govern- ment is located, respectively. (g) Requirements of the Attorney General (1) Information collection and analysis; report In order to improve the accuracy of data re- garding 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 govern- ment 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 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 relation- ship between— (i) the number of hate crimes reported by State law enforcement agencies or other law enforcement agencies that re- ceived funding from a grant or subgrant awarded under paragraph (2) through the Uniform Crime Reports program; and (ii) the nature and extent of law enforce- ment activities or crime reduction pro- grams conducted by those agencies to pre- vent, 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, inves- tigating, and reporting hate crimes; (ii) developed a standardized system of collecting, analyzing, and reporting the in- cidence 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 lead- ers; and (II) conducting public meetings or edu- cational 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 pe- riod, including— (I) the total number of trainings con- ducted by each agency; and (II) the duration of the trainings de- scribed in subclause (I). (h) Omitted (Pub. L. 117–13, § 5, May 20, 2021, 135 Stat. 266.) Editorial Notes REFERENCES IN TEXT The Hate Crime Statistics Act, referred to in subsecs. (b)(3) and (g)(1)(A), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which was set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of this title, and as provisions set out as a note under section 41305 of this title. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, referred to in subsec. (b)(3), is division E of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2835. For complete classification of this Act to the Code, see Short Title of 2009 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was enacted as part of 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 and also as part of the COVID–19 Hate Crimes Act, and not as part of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which comprises this chapter. Section is comprised of section 5 of Pub. L. 117–13. Subsec. (h) of section 5 of Pub. L. 117–13 amended sec- tion 249 of Title 18, Crimes and Criminal Procedure. Subtitle IV—Criminal Records and Information CHAPTER 401—CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS Sec. 40101. Reporting child abuse crime information. 40102. Background checks. 40103. Funding for improvement of child abuse crime information. 40104. Definitions.