Jerrold Nadler on Crime Dem./Lib./Working-Families (NY-8)

Voted YES on enforcing against anti-gay hate crimes.

Proponent's argument to vote Yes:Rep. JOHN CONYERS (D, MI-14):This bill expands existing Federal hate crimes law to groups who are well-known targets for bias-based violence--they are sexual orientation, gender, gender identity, and disability. These crimes of violence are directed not just at those who are directly attacked; they are targeting the entire group with the threat of violence.

Opponent's argument to vote No:Rep. LAMAR SMITH (R, TX-21): Every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice.

Voted YES on expanding services for offenders' re-entry into society.

Proponents support voting YES because:

Rep. CONYERS: Some 650,000 men and women are leaving the Federal and State prisons each year. While the vast majority of the prisoners are committed to abiding by the law and becoming productive members of society, they often encounter the same pressures & temptations that they faced before prison. More than two-thirds of them are arrested for new crimes within 3 years of their release. This exacts a terrible cost in financial terms as well as in human terms. The Second Chance Act will help provide these men and women with the training, counseling and other support needed to help them obtain & hold steady jobs; to kick their drug and alcohol habits; rebuild their families; and deal with the many other challenges that they face in their efforts to successfully rejoin society.

Opponents recommend voting NO because:

Rep. GOHMERT: The programs that are sought to be renewed are ones we don't have information on how successful they were. I can tell you from my days as a judge, there was some anecdotal evidence that it looked like faith-based programs did a better job of dramatically reducing recidivism. In addition:

• There are some provisions that allow for too much administration. That is going to build a bigger bureaucracy.
• Dismissing all charges if someone completes drug rehab under another provision I think is outrageous. You are going to remove the hammer that would allow you to keep people in line?
• We also have a provision to teach inmates how they can go about getting the most welfare before they leave prison and go out on their own.

Voted YES on funding for alternative sentencing instead of more prisons.

Voted NO on more prosecution and sentencing for juvenile crime.

Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.

Voted NO on making federal death penalty appeals harder.

Voted YES on replacing death penalty with life imprisonment.

Rated 78% by CURE, indicating pro-rehabilitation crime votes.

CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are

1. to use prisons only for those who have to be in them; and
2. for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.

Moratorium on death penalty; more DNA testing.

H.R. 1038, S.233:

To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty .

To reduce the risk that innocent persons may be executed [by examining DNA evidence more thoroughly].

• H. R. 912, 3/7/2001, Innocence Protection Act of 2001 (Delahunt, et. al.)
• S.486, 3/7/2001, Innocence Protection Act of 2001 (Leahy, et. al.)
• H.R.1038, 3/15/2001, National Death Penalty Moratorium Act of 2001 (Jackson (IL), Rodriguez, Clay, Hoeffel, Jackson-Lee (TX))
• S.233, 1/31/2001, National Death Penalty Moratorium Act of 2001 (Feingold, Levin, Wellstone, Corzine)

More funding and stricter sentencing for hate crimes.

Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.

Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.

1. Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.

2. Award grants to State and local programs designed to combat hate crimes committed by juveniles.

3. Prohibit specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.

4. Increase criminal sentencing for adult recruitment of juveniles to commit hate crimes.

5. Collect and publish data about crimes that manifest evidence of prejudice based on gender.

Require DNA testing for all federal executions.

Title: To reduce the risk that innocent persons may be executed.

Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit:
1. the Federal crime of which the person was convicted; or

2. any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.

3. Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.

4. Provides grants to prosecutors for DNA testing programs.

5. Establishes the National Commission on Capital Representation.

6. Withholds funds from States not complying with standards for capital representation.

7. Provides for capital defense incentive grants and resource grants.

8. Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.

9. Adds a certification requirement in Federal death penalty prosecutions.

10. Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.

Increase funding for "COPS ON THE BEAT" program.

COPS Improvements Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for:

1. the hiring or training of law enforcement officers for intelligence, antiterror, and homeland security duties;
2. the hiring of school resource officers;
3. school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools;
4. innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; and
5. enhanced community policing and crime prevention grants that meet emerging law enforcement needs.

Authorizes the Attorney General to make grants to:
1. assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and
2. develop new technologies to assist state and local law enforcement agencies in crime prevention.

Reduce recidivism by giving offenders a Second Chance.

Recidivism Reduction and Second Chance Act of 2007
• Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society.
• Directs the Attorney General to award grants for:
  1. state and local reentry courts;
  2. Comprehensive and Continuous Offender Reentry Task Forces;
  3. pharmacological drug treatment services to incarcerated offenders;
  4. technology career training for offenders;
  5. mentoring services for reintegrating offenders into the community;
  6. pharmacological drug treatment services to incarcerated offenders;
  7. prison-based family treatment programs for incarcerated parents of minor children; and
  8. a study of parole or post-incarceration supervision violations and revocations.

Sponsored evidence-based & proven prevention for street gangs.

Congressional Summary:Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth Promise Act:

• Establish a PROMISE Advisory Panel to assess and develop standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity.
• Collect data to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention.
• Implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities.
• Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention.
• Awards grants to institutions of higher education to serve as regional research partners with PCCs that are located in the same geographic region as the educational institution.

Opponent's argument against bill: (Dissenting views on

First step: reduce recidivism & mass incarceration.

Congressional Summary:

• TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
• TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
• TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
• TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

Stricter sentencing for hate crimes.

Congressional Summary:

• To make sentencing guidelines for Federal criminal cases that provide sentencing enhancements for hate crimes.
• Amends the Federal judicial code to require the U.S. Sentencing Commission to:
• promulgate or amend existing guidelines to provide for sentencing enhancements of not less than three offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes; and
• assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions.

Proponents' Argument in Favor:Rep. SENSENBRENNER. This bill does not create a new Federal crime. Nothing that is presently not criminal now would be made criminal as a result of enactment. What enactment of H.R. 1152 will do is provide for enhanced criminal penalties for certain specifically designated hate crimes. As used in the bill, the term hate crime is defined as a Federal crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of the person. Hate crimes are more serious offenses and often result in a greater level of injury to the victim and to society.

Easier access to rape kits, and more rape kit analysis.

Congress finds the following:
1. Rape is a serious problem.
2. In 2006, there were an estimated 261,000 rapes and sexual assaults.
3. The collection and testing of DNA evidence is a critical tool in solving rape cases.
4. Despite the availability of funding under the Debbie Smith Act of 2004, there exists a significant rape kit backlog.
5. A 1999 study estimated that there was an annual backlog of 180,000 rape kits that had not been analyzed.
6. No agency regularly collects information regarding the scope of the rape kit backlog.
7. Certain States cap reimbursement for rape kits at levels that are less than 1/2 the average cost of a rape kit.
8. There is a lack of health professionals who have received specialized training specific to sexual assault victims.

SPONSOR'S INTRODUCTORY REMARKS:

Sen. FRANKEN: Last year, 90,000 people were raped. Thanks to modern technology, we have an unparalleled tool to bring sexual predators to justice: forensic DNA analysis. Rape kit DNA evidence is survivors' best bet for justice. Unfortunately, we have failed to make adequate use of DNA analysis. In 2004, then-Sen. Biden and others worked to pass the Debbie Smith Act, a law named after a rape survivor whose backlogged rape kit was tested six years after her assault. Unfortunately, because many localities simply did not use the Debbie Smith funds they were allocated, the promise of the Debbie Smith Act remains unfulfilled.

In 2009, Los Angeles had 12,500 untested rape kits; Houston found at least 4,000 untested rape kits in storage, and Detroit reported a backlog of possibly 10,000 kits. Those are just three cities. Hundreds of thousands of women have not seen justice.

Sponsored stricter rules for police accountability.

This bill addresses policing practices and law enforcement accountability:

• lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
• limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
• grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.