National Gay & Lesbian Task Force Policy Institute
1734 14th St., NW, Washington, DC 20009
vox: 202-332-6483 fax: 202-332-0207
lob_ngltf@aol.com

Fact Sheet: The Hate Crime Sentencing Enhancement Act of 1993

(In 1990, Congress passed and President Bush signed the "Hate Crime
Statistics Act," which  required the FBI to collect data on _crimes_ 
motivated by "prejudice based on race, religion, sexual orientation, or
ethnicity."  The FBI published its first data on 1991 hate crimes.  That data
documented 4,558 hate crime incidents nationwide, including 422 crimes
against lesbians, gay men and bisexuals.)

Senator Feinstein has introduced the "Hate Crime Sentencing Enhancement Act"
advancing the Federal response to crimes in which the perpetrator
intentionally selects a victim  because of her or his "actual or perceived
race, color, religion, national origin, ethnicity, gender or 
sexual orientation."

The Hate Crime Sentencing Enhancement Act:

 * increases penalties f or hate _crimes_ under Federal law 
 * enhances Federal sentences not less than 3 offense levels
 * demands proof beyond a reasonable doubt that a hate crime occurred.

Twenty six states & the District of Columbia enhance penalties for hate
crimes:

California*
Colorado
Connecticut*
Florida*
Idaho
Illinois*
Iowa*
Maryland
Massachusetts*
Michigan
Minnesota*
Missouri
Montana
Nevada*
New Hampshire
New Jersey*
New York
Ohio
Oklahoma
Oregon*
Pennsylvania
Rhode Island
Vermont*
Washington*
West Virginia
Wisconsin*
(* includes sexual orientation bias crimes)

Hate Crime Sentencing Enhancement passes Constitutional mus
ter:

 - The Hate Crime Sentencing Enhancement Act is modelled after the Wisconsin
state hate crime statute.  
 - The Supreme Court unanimously upheld the Wisconsin state statute in
_Wisconsin v. Mitchell_, on June 11, 1993. In the majority decision, Chief
Justice William Rehnquist wrote, "Motive plays the same role under the
Wisconsin statute as it does under Federal and State anti-discrimination
laws, which we have previously upheld against constitutional challenge."

Violence against Lesbians, Gay men and Bisexuals

Although anti-gay violence is a long-standing problem, in recent years it has
become increasingly widespread. As lesbians, gay men and bisexuals have
become more visible and organized, they have made major strides towards
equality and freedom. Such increased visibility, however has also triggered a
violent backlash.

Reported episodes of anti-gay harassment and violence have increased
dramaticallys in recent years: 

-Anti-gay/lesbian incidents in five U.S. cities increased 172 percent over
the past five years.  NGLTF and local groups attribute the rise in reported
incidents to greater repo rting by victims and a growth in actual levels of 
violence. 
-In 1992, anti-gay murders in five cities jumped 50 percent over 1991.
Robberies motivated by anti-gay bias also jumped 50 percent.
("Anti-Gay/Lesbian Violence, Victimization and Harassment in 1992," National
Gay and Lesbian Task Force Policy Insti
tute, 1993.)

The National Institute of Justice in a 1987 report on bias violence said:

"The most frequent victims of hate violence today are blacks, Hispanics,
Southeast Asians, Jews, and gays and lesbians. Homosexuals are probably the
most  frequent victims."  (emphasis added, "The Response of the Criminal
Justice System to Bias Crime: An exploratory Review," National Institute of
Justice, U. S. Department of Justice, 1987.)

Among more than 2,000 lesbians and gay men surveyed nationwide:

 - Nineteen percent reported being "punched, hit, kicked or beaten" at least
once in their lives because of their sexual orientation.
 - Forty-four percent had been threatened with physical violence. Studies show
similar rates for victimization in the cities of Boston, Chicago, the
District of Columbia, Minneapolis,  Philadelphia, Richmond, and in the states
of Alaska, Maine, New Jersey, New York, Pennsylvania, Vermont and Wisconsin.
("Anti-Gay/Lesbian Victimization," NGLTF Policy Institute, 1984.)

Gay men and lesbians surveyed in 1991 were victimized at least six times more
often than than the average rate for the U.S. adult population.
(Discrimination and Violence against Lesbian Women and Gay Men in
Philadelphia and the Commonwealth of Pennsylvania: A Study by the
Philadelphia Lesbian and Gay Task Force," 1992.)