Title 34 — Crime Control and Law Enforcement
Chapter 413 — Crime Reports and Statistics
§ 41305. Hate crime statistics
Statutory text
This Act may be cited as the “Hate Crime Statistics Act”.
Under the authority of section 534 of title 28, the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property.
The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section.
Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et seq.] or the All Writs Act [28 U.S.C. 1651].
Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime.
The Attorney General shall publish an annual summary of the data acquired under this section, including data about crimes committed by, and crimes directed against, juveniles.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section through fiscal year 2002.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Hate Crime Statistics Act
Pub. L. 101–275 § 1 · 104 Stat. 140
Enacted · 34 U.S.C. § 41305
Pub. L. 101–275, § 1, Apr. 23, 1990, 104 Stat. 140
Source evidence
Code source credit
Pub. L. 101–275, § 1, Apr. 23, 1990, 104 Stat. 140Enacted provision · exact public law section
(1) Under the authority of section 534 of title 28, United States Code, the Attorney General shall acquire data, for the calendar year 1990 and each of the succeeding 4 calendar years, about crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXII § 320926 · 108 Stat. 1796
Inserted · 34 U.S.C. § 41305(b)(1)
Pub. L. 103–322 inserted “disability,” after “religion,”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–322 inserted “disability,” after “religion,”.Enacted provision · exact public law section
SEC. 320926. HATE CRIME STATISTICS ACT. Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting “disability,” after “religion,”.Pub. L. 104–155 § 7(1) · 110 Stat. 1392
Substituted · 34 U.S.C. § 41305(b)(1)
Pub. L. 104–155, § 7(1), substituted “for each calendar year” for “for the calendar year 1990 and each of the succeeding 4 calendar years”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 104–155, § 7(1), substituted “for each calendar year” for “for the calendar year 1990 and each of the succeeding 4 calendar years”.Enacted provision · exact public law section
(1) in subsection (b), by striking “for the calendar year 1990 and each of the succeeding 4 calendar years” and inserting “for each calendar year”; andPub. L. 104–155 § 7(2) · 110 Stat. 1392
Substituted · 34 U.S.C. § 41305(c)
Pub. L. 104–155, § 7(2), substituted “2002” for “1994”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–155, § 7(2), substituted “2002” for “1994”.Enacted provision · exact public law section
(2) in subsection (c), by striking “1994” and inserting “2002”.Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
Pub. L. 111–84 § 4708(a) · 123 Stat. 2190
Inserted · 34 U.S.C. § 41305(b)(1)
Pub. L. 111–84, § 4708(a), inserted “gender and gender identity,” after “race,”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 111–84, § 4708(a), inserted “gender and gender identity,” after “race,”.Enacted provision · exact public law section
(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,”.Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
Pub. L. 111–84 § 4708(b) · 123 Stat. 2190
Inserted · 34 U.S.C. § 41305(b)(5)
Pub. L. 111–84, § 4708(b), inserted “, including data about crimes committed by, and crimes directed against, juveniles” after “data acquired under this section”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 111–84, § 4708(b), inserted “, including data about crimes committed by, and crimes directed against, juveniles” after “data acquired under this section”.Enacted provision · exact public law section
(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”.
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is Pub. L. 101–275, , 104 Stat. 140, which enacted this section and provisions set out as a note under this section.
The Administrative Procedure Act, referred to in subsec. (b)(3), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former title 5 and which was repealed and reenacted as subchapter II (§ 551 et seq.) of chapter 5, and chapter 7 (§ 701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89–554, , 80 Stat. 378. See Short Title note preceding section 551 of Title 5.
The All Writs Act, referred to in subsec. (b)(3), means section 1651 of Title 28, Judiciary and Judicial Procedure, which is popularly known as the “All Writs Act”.
Codification
Section was formerly classified in a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section.
Amendments1994–2009 · 3 rounds
2009
Subsec. (b)(1). Pub. L. 111–84, § 4708(a), inserted “gender and gender identity,” after “race,”.
Subsec. (b)(5). Pub. L. 111–84, § 4708(b), inserted “, including data about crimes committed by, and crimes directed against, juveniles” after “data acquired under this section”.
1996
Subsec. (b)(1). Pub. L. 104–155, § 7(1), substituted “for each calendar year” for “for the calendar year 1990 and each of the succeeding 4 calendar years”.
Subsec. (c). Pub. L. 104–155, § 7(2), substituted “2002” for “1994”.
1994
Subsec. (b)(1). Pub. L. 103–322 inserted “disability,” after “religion,”.
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 101–275, § 2, , 104 Stat. 140, provided that:
“(a) Congress finds that—
“(1) the American family life is the foundation of American Society,
“(2) Federal policy should encourage the well-being, financial security, and health of the American family,
“(3) schools should not de-emphasize the critical value of American family life.
“(b) Nothing in this Act [enacting this section] shall be construed, nor shall any funds appropriated to carry out the purpose of the Act be used, to promote or encourage homosexuality.”
Credits
1990–2009 · 4 acts
- 1990Pub. L. 101–275, § 1, , 104 Stat. 140
- 1994Pub. L. 103–322, title XXXII, § 320926, , 108 Stat. 2131
- 1996Pub. L. 104–155, § 7, , 110 Stat. 1394
- 2009Pub. L. 111–84, div. E, § 4708, , 123 Stat. 2841.
Show as published
(Pub. L. 101–275, § 1, , 104 Stat. 140; Pub. L. 103–322, title XXXII, § 320926, , 108 Stat. 2131; Pub. L. 104–155, § 7, , 110 Stat. 1394; Pub. L. 111–84, div. E, § 4708, , 123 Stat. 2841.)