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| September 27th, 2007 |
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Media Contact(s): Heather Barney (801) 524-3341
Jared Whitley (202) 224-5251 |
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Printable Version |
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SENATE APPROVES HATCH AMENDMENT TO HELP STATES COMBAT HATE CRIMES
Hatch Opposes Questionable Kennedy Law to Federalize Hate Crimes |
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Washington – The U.S. Senate today debated whether state or federal government is better equipped to prosecute hate crimes. Arguing on behalf of states’ rights was Sen. Orrin G. Hatch (R-Utah), who attached to the defense authorization bill an amendment that would give states added tools to stop such crimes. Arguing the other side was Sen. Ted Kennedy (D-Mass.), who offered an amendment which would federalize the prosecution of hate crimes.
The Senate voted 60-39 to move the Kennedy amendment to final passage and voted 96-3 to adopt Hatch’s.
“Giving state law enforcement better tools to combat crime has always been a goal of my Senate career, and crimes of hate are no exception,” Hatch said. “The damage of such persecution is something citizens in my home state know very well. The Mormon pioneers who settled Utah fled some of the most appalling examples of hate-based crime in American history.”
If enacted into law, Hatch’s legislation would provide for grants of up to $100,000 to states and localities in the investigation and prosecution of bias-motivated crimes. Almost all states have hate-crime laws on the books, including Utah. Moreover, Hatch’s amendment would require the U.S. Comptroller General to report to Congress the extent of bias-motivated crime throughout the United States, as well as the success of state and local officials in combating those crimes. The study must identify any trends in the commission of bias-motivated crimes by geographic region, type of crime committed, the number and percentage of bias-motivated crimes prosecuted, and the number of convictions obtained.
Kennedy’s plan to federalize hate crimes would violate the Constitution, Hatch believes, since such prosecution is not connected to a power properly exercised by the federal government. On the Senate floor, Hatch characterized Kennedy’s plan as an “unwise, unnecessary, and unconstitutional” measure for fighting hate crimes.
“Sen. Kennedy has said that all hate crimes will face federal prosecution,” Hatch said. “This will lead to a massive federalization of hate crimes that traditionally have been, and constitutionally should remain, left to the authority of the states. There is no need to burden prosecutors and courts and do such damage to our constitutional framework of government.”
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