A fellow student warned Jayron that a group of students planned on beating him because he’s gay. So Jayron reported the threat to two assistant principals, who did nothing to protect him.

When Jayron got on the bus to go home (as the school opted not to call his mother) so did the group of attackers. Jayron then told the bus driver and begged for help. He didn’t get any.

So he ran. As fast as he could. Which wasn’t fast enough.

Unable to make it home, he ran into a neighbor’s house; but this didn’t deter his attackers. They followed and one beat Jayron with a metal pole while eight others watched.

It wasn’t until the owner came downstairs with a shotgun, and cocked it, that they ran off leaving Jayron with a concussion, bruised and bleeding.

Those who oppose gay-straight alliances or other support systems for gay students like to pretend that gay students face no greater threats than any other students. And when situations occur, they comfort their biases with the thought that the student must have provoked the situation or didn’t take the expected steps to protect himself.

I wonder what excuse they will give this time. But, then again, I also often wonder how they sleep at night.

Conservative pastors rallied outside the Justice Department on Monday to test the limits of the newly expanded hate crimes law.

Calling the new law – which broadens the definition of federal hate crimes to include attacks based on sexual orientation and gender identity – a clear threat to religious liberty, the group sought to defend their freedom to proclaim biblical truths.

They were certain that preaching against homosexuality is now illegal. And they were there to be martyrs for their faith.

But there were no arrests. No one had to join the Apostle Paul and Martin Luther King by writing from the jail cell to proclaim God’s glorious truth.

Police were present, just as they are at all such public demonstrations. But, as Dana Milbank of the Washington Post noted they had better things to do:

Anything other than sex “between a male and his wedded wife,” announced the Rev. Paul Blair, “is a perversion, and the Bible says that homosexuality is in fact an abomination.”

No arrest was made.

The Rev. Rick Scarborough, quoting Scripture, listed “homosexual offenders” along with thieves, drunkards, swindlers and idolators as those unwelcome in the kingdom of God. “To fail to call homosexuals to repent of their sin and come to Jesus is the highest form of cowardice and sin,” he said.

No charges were filed.

“Had people listened to our plea, there would be tens of thousands of people who had not died of a dreaded disease,” contributed the Rev. Jim Garlow. “This breaks our heart to see people die of AIDS.”

No hands were cuffed. In fact, the few cops in attendance were paying no attention to the speakers, instead talking among themselves and checking their BlackBerrys.

And, indeed, the cops were not interested because no crime was being committed. The Matthew Shepard Hate Crimes Act does not infringe on religious liberty or ban preaching against homosexuality or anything else they fear. The only time a minister need fear the law is if he is actively instigating violent attacks on gay people.

But this reality is wasted on these activists. Even though their bait drew no bite, they remain convinced that Christianity is being criminalized. (Citizenlink)

Gary Cass, president and CEO of the Christian Anti-Defamation Commission, said pastors who preach from the Bible could be held accountable if someone hears their sermon and then commits a crime against a gay-identified individual.

“It puts the burden on the minister to have to read the minds of the people that are listening to him and be able to predict the future,” he said. “It has a very chilling effect on the minister’s speech, because the safest thing is to just say nothing.”

And Janet Folger trumpeted her warning on WorldNetDaily

Unfortunately, it’s too late for our freedom of speech, as so-called “hate crimes” legislation already passed Congress and was signed by Barack Obama into law as a part of the defense budget. That is why I stood with pastors like Rick Scarborough of Vision America, Mat Staver and Matt Barber of Liberty Counsel, Oklahoma Pastor Paul Blair, San Diego Pastor Jim Garlow, Gary Cass of the Christian Anti-Defamation Commission, Bishop Earl Jackson of Stand America, and others on the steps of the Department of Justice yesterday afternoon speaking out against the law that has already laid the foundation for the Criminalization of Christianity, as I warned about in my book by that same title.

It can be difficult to understand exactly why these activists ignore the opinions of legal scholars who assure them that no such arrests will be made. It is odd that Christian voices calling for reason are ignored. It seems incomprehensible that a simple reading of the Constitution and the language of the law itself (which specifically excludes anti-gay preaching and teaching) would not assuage their fears.

But then something began to seem familiar.

You see, I’ve tried to have a conversation with a crystal methamphetamine addict who hadn’t slept in days. He explained why there was tinfoil over the windows and even the shower vent. He was worried that there might be a man hiding behind the stereo which was flush with the wall. Even though on a conscious level he knew and could sheepishly admit that his fears were baseless, the meth in his system compelled a paranoia which he simply could not ignore.

With him, there was a logical reason to explain his irrational thinking. It was chemically induced.

But why are these anti-gay activists convinced, against all evidence to the contrary, that preaching against homosexuality is now illegal? How do we explain their irrational thinking and baseless paranoia?

Surely they aren’t all meth-heads.

Right?

The Gay, Lesbian, Bisexual Community Center of Central Florida — more commonly known as The Center — and a second nearby gay-owned business were targeted by vandals who spray painted with a swastika and the words “Gay Pawer,” “Die Fags,” “Go To Hell” and other homophobic slurs. Damage to the two buildings is estimated to be over $1,000.

…Fund raising efforts to install security cameras have been ramped up in the wake of the incident.

Jorge Steven López

Last last week, the brutally butchered body of nineteen-year-old Jorge Steven López was found by the side of a road near Cayey, Puerto Rico, just a few miles from his home in Caguas. Police have now arrested a suspect in the case.

On Nov 13, López’s body was found partially burned, decapitated, and dismembered. According to reports, both arms and both legs were cut from his torso. The gruesome murder sent shock waves throughout Puerto Rico and the Puerto Rican community in New York.

Initial reports held out little hope that a proper investigation would be conducted. One investigator, Ángel Rodríguez Colón, told a Univision reporter, “Este tipo de personas cuando se meten a esto y salen a la calle saben que esto les puede pasar. (This type of person, when he does things like this and go out on the street knows that this can happen to him.)” Puerto Rican LGBT activist Pedro Julio Serrano denounced the investigator and called for disciplinary action.

Early today, police arrested a twenty-sixeight year old male in connection with the case and seized two vehicles as evidence. So far, his name has not been released. (See update below.) Primera Hora reportsthat the man came under suspicion after police question López’s friends in Caguas, who reported that the suspect offered López money in exchange for sex.

Regional police director Hector Agosto saidthat police are investigation whether López’s murder was motivated by anti-gay hatred. “This was a ruthless crime,” said Agosto. “Whoever did this just wanted to make the person disappear.” But he cautioned that the investigation has just begun and police were investigating several possible motives.

LGBT advocates have urged officials to investigate under the recently passed U.S. federal statues protecting LGBT people against hate crimes. Harry Rodriguez of the FBI said they are monitoring the case and will provide any assistance needed in accordance with the hate crimes statute.

Update: Local media are now identifying the suspect as 26-year-old Juan Antonio Martínez Matos, who is running the gay/trans panic defense. Martínez is reported to claim that he was in the area looking to pick up a woman. He first thought López was a women but discovered that he was a man. He also claimed that López demanded money. Police investigators found a wig, a burned mattress, burned PVC pipe, a knife and blood stains on the wall of the courtyard of the suspect’s apartment.  Investigator José J. Bermúdez is quoted as saying that he has no doubt that López’s murder can be prosecuted as a hate crime.

A man with issues.

On Monday, Marine reservist Jasen Bruce attacked a visiting Greek Orthodox priest with a tire iron after the priest asked him for directions. Bruce originally claimed that he attacked Rev. Alexois Marakis, whose English is poor, because he thought the man was an Islamic terrorist. Now Bruce, who’s also a beefcake model, is changing his story. He’s switching to the gay panic defense, claiming the priest tried to grab his genitals.

How many issues can you count in that paragraph?

Thursday morning FWPD Chief Jeff Halstead held a press conference in front of the Rainbow Lounge to announce the disciplinary action. There the chief confirmed that two police officers, Officer K.Q. Gober and Sgt. R.M. Morris, will be suspended for one day and Officer J.M. Back received a three-day suspension.

The officers were suspended for a violation of police procedures during the inspection of the bar.

The officer that was suspended for three days, J.M. Back, was cited for handcuffing a person without probable cause, for releasing that person without issuing a citation, bringing unfavorable criticism to the police department and for failing to complete offense reports the night of the arrest.

Sgt. Morris was suspended for using “poor judgment in his tactics” to conduct the bar check.

Officer Gober was suspended for making a conscious decision not to complete the required offense report before the end of his shift and did not complete the offense report until his return to work the following night. Gober was also reprimanded for the negative media attention that “could have been adverted had Officer Gober completed the required offense report with the true and accurate details of events that occurred during the Rainbow Lounge bar check.”

Yes, you read that correctly. They are being punished for “negative media attention” and, get this, for letting Chad Gibson go to the hospital without being issued a citation.

So far, the version of “true and accurate details of events” that the police seem to be believing is far from the version of “true and accurate details of events” that the eyewitnesses reported. These who witnessed didn’t see any groping, but they did see Gibson slammed against the floor.

I wasn’t there, so I don’t know for certain who is telling the truth. But I know that I find a random person in a bar to be a far more credible source of truth today than a sworn officer of the law.

And I do know that these officers who stormed into a gay bar with a show of force and left people hurt and afraid will collectively spend less time on “suspension” than Chad Gibson spent in the hospital.

So it is not surprising that the Ft. Worth Police have conducted an internal review into the raid on the Rainbow Lounge and found no wrongdoing at all. (NBC)

Fort Worth police planned to announce on Thursday that an internal investigation has cleared officers of excessive force in the controversial raid of a gay bar this summer, and no officers will be fired, said two city leaders briefed on the matter.

The long-awaited 1,000-page report is expected to fault officers for not writing a timely report on the June 28 raid of the Rainbow Lounge, but conclude officers did not use excessive force or violate other operational policies.

Nope. No excessive force.

Because that guy with bleeding on the brain who everyone present testified was slammed into a wall and floor, oh he just pirouetted and fell and hit his little fairy princess head outside in the parking lot, ya know.

I know that police think that they win when they are true blue and defend the bullies and abusers in their midst. They think that they are protecting “their own” from the perps and the faggots and the scum.

But this decision by the Ft. Worth police only serves to further bolster the mistrust and hostility with which minority communities view those who they increasingly see as the oppressor rather than the champion of justice and civility. And the respect and cooperation that police rely on as a staple in their arsenal in the fight on crime is being replaced by recalcitrance and sympathy for those who are under investigation.

Last night while driving home I heard an interview with a police officer in Richmond, CA about the gang rape of a young girl on a school campus. He just couldn’t comprehend why none of the dozens of people who knew it was going on pulled out their cell phone and called the police. The police could have stopped it sooner; they could have apprehended more perpetrators.

I find it much less difficult to understand why no one in this mostly black and Hispanic community wanted to come to the attention of police. Who would be so foolish?

The Matthew Shepard Foundation released the following statement:

When Dennis and I started calling 10 years ago for federal action to  prevent and properly prosecute hate crimes against gay, lesbian and transgendered Americans, we never imagined it would take this long,” said Judy Shepard, Matthew’s mother and the president of the Matthew Shepard Foundation Board of Directors.

“The legislation went through so many versions and so many votes that we had to constantly keep our hopes in check to keep from getting discouraged,” she continued. “But with President Obama’s support and the continually growing bipartisan majorities in the House and Senate lining up behind the bill this year, it became clear that 2009 was the year it would finally happen.”

“In a slap to the face of our servicemen and women, they attached ‘hate crimes’ legislation to the final defense bill, forcing Congress to choose between expanding hate crimes or making our military go without. This hate crimes provision is part of a radical social agenda that could ultimately silence Christians and use the force of government to marginalize anyone whose faith is at odds with homosexuality. … We call on President Obama to veto this legislation which violates the principle of equal justice under the law and also infringes on the free speech rights of the American people.”

The Family “Research” Council really needs to bone up on their research skills, because right there in the text of the bill (Section 4311)  are these clauses:

3) FREE EXPRESSION- Nothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.

(4) FIRST AMENDMENT- Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.

(5) CONSTITUTIONAL PROTECTIONS- Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless 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 demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

So unless the “planning for, conspiring to commit, or committing an act of violence” is an essential element of Christian speech, people of faith have nothing to worry about.

Next up, we have Traditional Values Coalition Executive Director Andrea Lafferty. She also repeats the false claim that ”Christians and other people of faith will now become targets for persecution and prosecution,” but adds this bit of creativity:

Hate crime legislation is based on the phony premise that there’s an epidemic of hate in America against LGBT (gays, bisexuals, lesbians and transgendered) persons. This is false. FBI hate crime statistics prove that most so-called hate crimes amount to little more than name-calling or pushing or shoving.

First of all, the FBI doesn’t collect statistics for “name-calling, pushing or shoving.” They only collect statistics on violence and credible threats of violence.  But that’s not the only whopper she told. Of all the hate crime categories that the FBI tracks, hate crimes based on sexual orientation are much more likely to be violent personal crimes than any other category.

There are more. Bob Unruh at WorldNetDaily calls the bill “the Pedophile Protection Act,” an obvious play on the “thirty sexual orientation” lie, which we dissected last May. All in all, there’s at least one thing you can say about these anti-gay activists: they may not be truthful, but they are consistent.

The bill extends federal protections to people who suffer violent crimes because of their sexual orientation or gender identity, protections which are already afforded to people who are victims of violent crimes because of their race, religion, or national origin.

Passage of the hate crimes measure came on a bipartisan vote, with ten Republicans joining 56 Democrats and two independents to pass the bill. One Democrat, Sen. Russ Feingold (D-WI) voted against the measure, which was attached to a defense policy bill. Sen. Feingold said he supported the hate crimes provision but opposes the open-ended military commitment in Afghanistan.

The Matthew Shepard Foundation has released this statement by Judy Shepard:

Dennis and I are extremely proud of the Senate for once again passing this historic measure of protection for victims of these brutal crimes,” said Judy Shepard, president of the Matthew Shepard Foundation Board. “Knowing that the president will sign it, unlike his predecessor, has made all the hard work this year to pass it worthwhile. Hate crimes continue to affect far too many Americans who are simply trying to live their lives honestly, and they need to know that their government will protect them from violence, and provide appropriate justice for victims and their families.”

By voting overwhelmingly to extend to these often-targeted Americans our nation’s decades-old bias crime legislation, senators sent the message that hate crimes will not go unpunished, and local governments and law enforcement agencies will not run out of financial resources to provide justice to these victims and their loved ones.

…The Matthew Shepard Foundation applauds Congress and President Obama for their steady and successful efforts throughout 2009 to bring the legislation to this point. We eagerly anticipate its final enactment and wish to thank the countless organizations and individuals who have worked tirelessly for its passage.

The full text of the Matthew Shepard Hate Crimes Prevention Act, as passed by both Houses of Congress is below.

H.R.2647
National Defense Authorization Act for Fiscal Year 2010 (Engrossed Amendment as Agreed to by Senate)

DIVISION E–MATTHEW SHEPARD HATE CRIMES PREVENTION ACT

SEC. 4701. SHORT TITLE.

This division may be cited as the `Matthew Shepard Hate Crimes Prevention Act’.

SEC. 4702. 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) A 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 the following:

(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.

(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

(C) Perpetrators cross State lines to commit such violence.

(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

(E) Such violence is committed using articles that have traveled in interstate commerce.

(7) 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.

(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct `races’. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

(9) Federal jurisdiction over 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.

(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

SEC. 4703. DEFINITION OF HATE CRIME.

In this division–

(1) the term `crime of violence’ has the meaning given that term in section 16, title 18, United States Code;

(2) the term `hate crime’ has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and

(3) the term `local’ means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.

SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.

(a) Assistance Other Than Financial Assistance-

(1) IN GENERAL- At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that–

(A) constitutes a crime of violence;

(B) constitutes a felony under the State, local, or tribal laws; and

(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, 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 committed crimes in more than one State and to rural jurisdictions that have difficulty covering 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 agencies 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 parties, 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 enforcement 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 subparagraph (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 subsection shall–

(i) describe the extraordinary purposes for which the grant is needed;

(ii) certify that the State, local government, 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 nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

(iv) certify that any Federal funds received 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 subsection shall be approved or denied by the Attorney 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 exceed $100,000 for any single jurisdiction in any 1-year period.

(6) REPORT- Not later than December 31, 2010, the Attorney 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 and 2011.

SEC. 4705. GRANT PROGRAM.

(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, 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 section.

SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 4707 of this division.

SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS.

(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 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–

title, or both, and shall be subject to the penalty of death in accordance with chapter 228 (if death results from the offense), 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, and shall be subject to the penalty of death in accordance with chapter 228 (if death results from the offense), 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.

`(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that–

`(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim–

`(I) across a State line or national border; or

`(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

`(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

`(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

`(iv) the conduct described in subparagraph (A)–

`(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

`(II) otherwise affects interstate or foreign commerce.

`(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR TERRITORIAL JURISDICTION OF THE UNITED STATES- Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.

`(b) Certification Requirement-

`(1) IN GENERAL- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that–

`(A) the State does not have jurisdiction;

`(B) the State has requested that the Federal Government assume jurisdiction;

`(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

`(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.

`(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

`(c) Definitions- In this section–

`(1) the term `bodily injury’ has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

`(2) the term `explosive or incendiary device’ has the meaning given such term in section 232 of this title;

`(3) the term `firearm’ has the meaning given such term in section 921(a) of this title; and

`(4) the term `gender identity’ for the purposes of this chapter means actual or perceived gender-related characteristics.’.

(b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

`249. Hate crime acts.’.

SEC. 4708. STATISTICS.

(a) In General- Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `gender and gender identity,’ after `race,’.

(b) Data- Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `, including data about crimes committed by, and crimes directed against, juveniles’ after `data acquired under this section’.

SEC. 4709. SEVERABILITY.

If any provision of this division, an amendment 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.

SEC. 4710. RULE OF CONSTRUCTION.

For purposes of construing this division and the amendments made by this division the following shall apply:

(1) RELEVANT EVIDENCE- Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence.

(2) VIOLENT ACTS- This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.

SEC. 4711. CONSTRUCTION AND APPLICATION.

Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes on any rights under the first amendment to the Constitution of the United States, or substantially burdens any exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, association, if such exercise of religion, speech, expression, or association was not intended to–

(1) plan or prepare for an act of physical violence; or

(2) incite an imminent act of physical violence against another.

(3) FREE EXPRESSION- Nothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.

(4) FIRST AMENDMENT- Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.

(5) CONSTITUTIONAL PROTECTIONS- Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless 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 demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

SEC. 4712. LIMITATION ON PROSECUTIONS.

(a) In General- All prosecutions under section 249 of title 18, United States Code, as added by this Act, shall be undertaken pursuant to guideline, issued by the Attorney General–

(1) to guide the exercise of the discretion of Federal prosecutors and the Attorney General in their decisions whether to seek death sentences under such section when the crime results in a loss of life; and

(2) that identify with particularity the the type facts of such cases that will support the classification of individual cases in term of their culpability and death eligibility as low, medium, and high.

(b) Requirements for Death Penalty- If the Government seeks a death sentence in crime under section 249 of title 18, United States Code, as added by this Act, that results in a loss of life–

(1) the Attorney General shall certify with particularity in the information or indictment how the facts of the case support the Government’s judgment that the case is properly classified among the cases involving a hate crime that resulted in a victim’s death;

(2) the Attorney General shall document in a filing to the court–

(A) the facts of the crime (including date of offense and arrest and location of the offense), charges, convictions, and sentences of all state and Federal hate crimes (committed before or after the effective date of this legislation) that resulted in a loss of life and were known to the Assistant United States Attorney or the Attorney General; and

(B) the actual or perceived race, color, national origin, ethnicity, religion, gender, sexual orientation, gender identity, or disability of the defendant and all victims; and

(3)(A) the court, either at the close of the guilt trial or at the close of the penalty trial, shall conduct a proportionality review in which it shall examine whether the prosecutorial death seeking and death sentencing rates in comparable cases in Federal prosecutions are both greater than 50 percent; and

(B) if the United States fails to satisfy the test under subparagraph (A), by a preponderance of the evidence, the court shall dismiss the Government’s action seeking a death sentence in the case.

SEC. 4713. GUIDELINES FOR HATE-CRIMES OFFENSES.

Section 249(a) of title 18, United States Code, as added by section XXX of this Act, is amended by adding at the end the following:

`(4) GUIDELINES- All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.’.

SEC. 4714. ATTACKS ON UNITED STATES SERVICEMEN.

(a) In General- Chapter 67 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1389. Prohibition on attacks on United States servicemen on account of service

`(a) In General- Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall–

`(1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;

`(2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and

`(3) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.

`(b) Exception- This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.

`(c) Definitions- In this section–

`(1) the term `Armed Forces’ has the meaning given that term in section 1388;

`(2) the term `immediate family member’ has the meaning given that term in section 115; and

`(3) the term `United States serviceman’–

`(A) means a member of the Armed Forces; and

`(B) includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.’.

(b) Technical and Conforming Amendment- The table of sections for chapter 67 of title 18, United States Code, is amended by adding at the end the following:

`1389. Prohibition on attacks on United States servicemen on account of service.’.