Background

The 1969 federal hate-crime law (18 U.S.C. § 245(b)(2)) extends only to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally-protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA, for hate crimes involving firearms are prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can bring life in prison.

According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias.

The Act is supported by thirty-one state Attorneys General and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including the AFL-CIO, the American Medical Association, the American Psychological Association, and the NAACP. A November 2001 poll indicated that 73% of Americans favor hate-crime legislation covering sexual orientation.

The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress in 1999. The 2007 bill expands on the earlier versions (originally called the Local Law Enforcement Enhancement Act) by including transgender provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association.