34 U.S.C. § 30505 — Severability

Page 579 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30505 gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2) Priority In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have com- mitted crimes in more than one State and to rural jurisdictions that have difficulty cov- ering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants (1) In general The Attorney General may award grants to State, local, and tribal law enforcement agen- cies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice Programs In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected par- ties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application (A) In general Each State, local, and tribal law enforce- ment agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission Applications submitted pursuant to sub- paragraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements A State, local, and tribal law enforcement agency applying for a grant under this sub- section shall— (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local govern- ment, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with non- profit, nongovernmental victim services programs that have experience in pro- viding services to victims of hate crimes; and (iv) certify that any Federal funds re- ceived under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline An application for a grant under this sub- section shall be approved or denied by the At- torney General not later than 180 business days after the date on which the Attorney General receives the application. (5) Grant amount A grant under this subsection shall not ex- ceed $100,000 for any single jurisdiction in any 1-year period. (6) Report Not later than December 31, 2011, the Attor- ney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012. (Pub. L. 111–84, div. E, § 4704, Oct. 28, 2009, 123 Stat. 2837.) Editorial Notes CODIFICATION Section was formerly classified to section 3716 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30504. Grant program (a) Authority to award grants The Office of Justice Programs of the Depart- ment of Justice may award grants, in accord- ance with such regulations as the Attorney Gen- eral may prescribe, to State, local, or tribal pro- grams designed to combat hate crimes com- mitted by juveniles, including programs to train local law enforcement officers in identifying, in- vestigating, prosecuting, and preventing hate crimes. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 111–84, div. E, § 4705, Oct. 28, 2009, 123 Stat. 2838.) Editorial Notes CODIFICATION Section was formerly classified to section 3716a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30505. Severability If any provision of this division, an amend- ment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby. (Pub. L. 111–84, div. E, § 4709, 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- 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.