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Shofar FTP Archive File: orgs/canadian/canada/justice/disproportionate-harm/dh-007-03

Archive/File: orgs/canadian/canada/justice/disproportionate-harm/dh-007-03
Last-Modified: 1997/01/17
Source: Department of Justice Canada

Appendix B
United States Hate Crimes Statistics Act

                           AN ACT

To provide for the acquisition and publication of data about
crimes that manifest prejudice based on certain group

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the "Hate Crime Statistics Act".

(b)(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.

(2) 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.

(3) 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 or the All Writs Act.

(4) 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.

(5) The Attorney General shall publish an annual summary of
the data acquired under this section.

(c) There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this section
through fiscal year 1994.

SEC. 2. (a) Congress finds that

(1) the American family life is the foundation of American

(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 shall be construed, nor shall any
funds appropriated to carry out the purpose of the Act be
used, to promote or encourage homosexuality.

Approved April 23, 1990.

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