H.R. 1592 – Could Hate Crimes Bill Tie Hands of Border Patrol?

14 04 2007

Cross posted from   Common Sense America

received an e-mail from a conservative website the other day warning against H.R. 1592 that was introduced on March 20, 2007 in the House of Representatives by Rep. John Conyers of Michigan with 137 co-sponsors.

The e-mail warned that this bill could stop preachers from speaking against homosexuality from their pulpits so I decided to read the bill and I got quite a shock. The bill appears to deal with hate crimes that cause bodily injury but there is an overall sense that this bill is not meant to protect the general population.

Section 7 makes this perfectly clear:

SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.

(a) In General-

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

Sec. 249. Hate crime acts

(a) In General-

(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person–

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if–

(i) death results from the offense; or

(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-

(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person–

(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if–

(I) death results from the offense; or

(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

They have included some hefty fines and prison terms for anyone that may violate this new law – and the “actual or perceived” language is questionable to me as well as the phrase “whether or not acting under color of law” – but the next paragraph seems to define their thoughts on the above:

(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that–

(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim–

(I) across a State line or national border; or

(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv) the conduct described in subparagraph (A)–

(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II) otherwise affects interstate or foreign commerce.

There are only two reasons that I can think of that our elected officials would dwell on this in a Hate Crimes Bill. Either they wish to further tie the hands of our Border Patrol or they feel that they are going to have a problem when they open our borders to Mexican trucking companies.

What do you think?


IT’S NOT ABOUT BEING MORE SENSITIVE . . .IT’S ABOUT SPEAKING TRUTH TO POWER from StikNstein

Congressional Pardon for Ramos and Campean from The Uncooperative Blogger

A Matter of Deep Conviction for Me from The Patriot

Triangulating Hate Speech Into Employment and Financial Opportunities from Illegal Aliens Must Go


**This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email stiknstein-at-gmail-dot-com and let us know at what level you would like to participate.


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5 responses

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4 05 2007
netwmd.com - The War to Mobilize Democracy

H.R. 1592 – For Hate Crimes or Thought Crimes?

By Andrew L. Jaffee
Is it the letter or spirit of the law? What about when you can’t figure out either the letter or spirit of the law? Robert Spencer at Jihad Watch points out that CAIR is celebrating the House’s passage of the Local Law…

28 04 2007
Roxan Tiscareno

Sec 7-B1-“Across State line or National Border” does sound like it has implications for the Border Guard Situation to me….I wouldn’t trust it.

Bii-also mentions “Interstate and foreign commerce”. That could mean the NAFTA Super Highway or other such planned highways.

Besides, our Prez thinks the Constitution is just a “god damn piece of paper.” And I believe Gonzalez said the Constitution is “Outdated.”

And we also have the NAU (North American Union) on the way, so right now, I wouldn’t trust this bill with a 5′ pole.

27 04 2007
Becky

I can tell you one thing. I will not vote for anything as ridiculous as this bill.
We already feel like we are in a foreign country living in America. Between Bush saying “come out of the dark” and now this, I’d rather live on the MOON!!!!!!

26 04 2007
anon

The reason the bill dwells on interstate commerce issues has to due with establishing Federal jurisdiction. It has nothing to do with Border patrol. If you need this explained further, go look up Article I, Section 8, Clause 3 of the United States Constitution.

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