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Hate Crime Statistics Act HATE CRIME STATISTICS ACT HEARING BEFORE THE SUBCOMMITTEE ON CRIMINAL JUSTICE OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-NINTH CONGRESS FIRST SESSION ON H.R. 1171 and H.R. 775 HATE CRIME STATISTICS ACT MARCH 21, 1985 Serial No. 137 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas HAMILTON FISH, JR., New York ROBERT W. KASTENMEIER, Wisconsin CARLOS J. MOORHEAD, California DON EDWARDS, California HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan THOMAS N. KINDNESS, Ohio JOHN F. SEIBERLING, Ohio HAROLD S. SAWYER, Michigan ROMANO L. MAZZOLI, Kentucky DAN LUNGREN, California WILLIAM J. HUGHES, New Jersey F. JAMES SENSENBRENNER, JR., SAM B. HALL, JR., Texas Wisconsin MIKE SYNAR, Oklahoma BILL McCOLLUM, Florida PATRICIA SCHROEDER, Colorado E. CLAY SHAW, JR., Florida DAN GLICKMAN, Kansas GEORGE W. GEKAS, Pennsylvania BARNEY FRANK, Massachusetts MICHAEL DEWINE, Ohio GEO. W. CROCKETT, JR., Michigan WILLIAM E. DANNEMEYER, California CHARLES E. SCHUMER, New York HANK BROWN, Colorado BRUCE A. MORRISON, Connecticut PATRICK L. SWINDALL, Georgia EDWARD F. FEIGHAN, Ohio HOWARD COBLE, North Carolina LAWRENCE J. SMITH, Florida HOWARD L. BERMAN, California RICK BOUCHER, Virginia JOHN BRYANT, Texas M. ELAINE MIELKE, General Counsel GARNER J. CLINE, Staff Director ALAN F. COFFEY, JR., Associate Counsel SUBCOMMITTEE ON CRIMINAL JUSTICE JOHN CONYERS, JR., Michigan, Chairman DON EDWARDS, California GEORGE W. GEKAS, Pennsylvania HOWARD L. BERMAN, California PATRICK L. SWINDALL, Georgia RICK BOUCHER, Virginia HOWARD COBLE, North Carolina JOHN BRYANT, Texas THOMAS W. HUTCHISON, Counsel MICHAEL E. WARD, Assistant Counsel GAIL E. BOWMAN, Assistant Counsel RONALD A STROMAN, Assistant Counsel RAYMOND V. SMIETANKA, Associate Counsel BENNIE B. WILLIAMS, Clerk PEARL L. CHELLMAN, Clerk CHERYL REYNOLDS, Clerk (II) CONTENTS WITNESSES Page Anderson, Joanne, director, community relations, Maryland Commission on Human Rights 76 Baker, William M., assistant director, Office of Congressional and Public Affairs, Federal Bureau of Investigation, accompanied by Paul Zolbe, chief, Uniform Crime Records Section, FBI 46 Prepared statement 67 Bakst, Jerome H., director, research and evaluation, Anti-Defamation League of B'nai B'rith, accompanied by David Brody, Washington representative, ADL 76 Prepared statement 117 Biaggi, Hon. Mario, a Representative in Congress from the State of New York, accompanied by Michael Korenblit, executive vice president, Interna­ tional Network of Children of Jewish Holocaust Survivors 2 Prepared statement 9 Green, Arthur L., director, Connecticut Commission on Human Rights and Opportunities 76 Prepared statement 109 Kennelly, Hon. Barbara B., a Representative in Congress from the State of Connecticut 17 Prepared statement 20 Mineta, Hon. Norman Y., a Representative in Congress from the State of California 27 Prepared statement 31 Peirson, Veronica 76 Prepared statement 140 Schlesinger, Steven R., director, Bureau of Justice Statistics, U.S. Department of Justice, accompanied by Benjamin Renshaw, deputy director, Bureau of Justice Statistics 46 Prepared statement 61 Scott-McLaughlin, Randolph Esq., Center for Constitutional Rights, on behalf of the Anti-Klan Network 76 Prepared statement 134 Weiss, Joan, executive director, Institute for the Prevention and Control of Violence and Extremism 76 Winter, Steven L., assistant counsel, and Elaine Jones, resident counsel, NAACP Legal Defense and Educational Fund, Inc 36 Prepared statement 40 ADDITIONAL MATERIAL Bookbinder, Hyman, prepared statement on behalf of the American Jewish Committee, March 21, 1985 145 (III) HATE CRIME STATISTICS ACT THURSDAY, MARCH 21, 1985 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CRIMINAL JUSTICE, COMMITTEE ON THE JUDICIARY, Washington, DC. The subcommittee met at 10:05 a.m., pursuant to call, in room 2237, Rayburn House Office Building, Hon. John Conyers, Jr. (chairman of the subcommittee) presiding. Present: Representatives Conyers, Edwards, Gekas, and Coble. Staff present: Thomas W. Hutchison, counsel; Gail E. Bowman, assistant counsel; Raymond V. Smietanka, associate counsel; and Cheryl D. Reynolds, clerk. Mr. CONYERS. The subcommittee will come to order. Good morn­ ing. The Chair has received a request to cover this hearing in whole or part by television, radio, photography, or other similar manners. In accordance with committee rule V(a), permission will be granted unless there is objection. Hearing no objection, coverage is permit­ ted. This morning the Subcommittee on Criminal Justice will take testimony on two important measures: H.R. 1171 and H.R. 775. H.R. 1171 would require the Attorney General to include statis­ tics on incidences of racially, religiously, and ethnically motivated crimes in the Uniform Crime Reports issue by the FBI. H.R. 775 would require the Attorney General to include in the Uniform Crime Reports information regarding the incidence of of­ fenses involving racial, ethnic, or religious prejudice, and to amend chapter 13, title 18, of the United States Code to prohibit damage to property used for religious purposes, and for other purposes. Americans claim to be strongly opposed to cross burnings, swasti­ ka paintings on synagogues, and other racially, religiously, and ethnically motivated criminal behavior. Yet, there is no law en­ forcement office or organization in the country which keeps com­ prehensive, accurate, up-to-date statistics on the incidences of hate crimes. Private organizations must struggle to collect and tabulate inci­ dences of racism and anti-Semitism. Racially motivated assault on, or murder of a black person, shows up in the crime reports simply as assault or homicide. It is time that we take the first steps toward eventual control and eradication of these kinds of crimes by requiring the statistics of their incidence be collected at a national level. (1) 2 The passage of these measures would mark an important first step toward a nationwide confrontation with the problem of hate crimes. Through the data collection process, existence of a hate crime problem which must be addressed will be emphasized. As ac­ curate statistics become available, the scope of the problem would be revealed, preventive measures developed, and the degree of suc­ cess evaluated. Also, the devotion of Federal time and resources to this problem would demonstrate again the national commitment to the eradica­ tion of hate crimes. I am very pleased to open this hearing with my two distin­ guished colleagues, the gentlewoman from Connecticut, Mrs. Ken­ nelly, and Congressman Biaggi of New York. I would like to ask Mr. Biaggi to proceed first. He is a well- known supporter of criminal justice matters and has worked with this subcommittee across the years. He is an outstanding police of­ ficer and attorney, and his concern about these and other criminal justice issues has been heartening to me over the years. And with­ out any further ado, we welcome you again, Mario, and the gentle­ man with you, Mr. Michael Korenblit. You may proceed. TESTIMONY OF HON. MARIO BIAGGI, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK, ACCOMPANIED BY MICHAEL KORENBLIT, EXECUTIVE VICE PRESIDENT, INTERNATIONAL NETWORK OF CHILDREN OF JEWISH HOLO­ CAUST SURVIVORS Mr. BIAGGI. Thank you very much, Mr. Chairman. And I would commend you for having these hearings, they are quite important. But it is simply a reflection of your concern and commitment for all upholding the principle of civil rights, including the right to be free from acts of religious violence and vandalism. Indeed, today we focus our attention on this most distasteful subject—the prolif­ eration of what have been accurately described as "hate crimes." These are acts of extreme volence and vandalism directed against religious property, institutions, and persons. The increase in these crimes, especially in this decade, is a na­ tional scandal which demands our attention and action. We are so acutely aware of the existence of these crimes, since they happen in so many of our communities. We are also increasingly aware of the fact that the persons who commit these crimes do so with little, if any, fear of prosecution. The prejudice and hatred practiced by these people with closed minds has left an open wound on our communities and our Nation as a whole. I appear before you today as the author of one of several bills on this issue, which have been introduced so far in the 99th Congress. My involvement and concern with this issue, like yours, Mr. Chair­ man, originated long before the 99th Congress. In fact, if someone were to examine the congressional record for early 1981, they would find statements by both of us condemning the then meteoric rise in incidents of anti-Semitic violence and vandalism. 3 It was in February 1981 that I first introduced legislation to impose stiff new Federal penalties against those convicted of acts of violence and vandalism against religious properties, institutions and persons attempting to freely exercise their religious beliefs. In the 99th Congress, I have introduced H.R. 775 which continues to contain stiff penalties for antireligious crimes, as well as a re­ quirement that the Attorney General include in the Uniform Crime Reports information about the number of offenses involving racial, ethnic, or religious prejudice. However, the main thrust of my legislation is to provide suffi­ ciently strong new Federal penalties to be directed at those who commit these hate crimes in an effort to deter future acts. My bill would establish a graduated series of penalties depending on the severity of the act of violence or vandalism. At the very least, a person convicted under my bill would be fined not more than $250,000 or imprisoned not more than 5 years or both. Now, that $250,000 seems to be a very high sum, and it is. But it's a sum that I picked that we use because it is now part of the existing law. Public Law 98-596 indicates for a conviction of a Federal felony, the minimal fine should be $250,000.
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