S.Amdt. 1421
What it does: Adds SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES at the end of the billWhat it changes
1 change to S. 937 · shown in the bill's text
Adds SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES at the end of the bill
Adds a sectionIn S. 937 · Placed on Calendar Senate
(b) Guidance Relating to COVID-19 Pandemic.--The Attorney General and the Secretary of Health and Human Services, in coordination with the COVID-19 Health Equity Task Force and community-based organizations, shall issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID-19 pandemic.
Inserted: SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES.
Inserted: (a) Death Penalty Eligibility.--Section 3592(c) is amended by inserting after paragraph (16) the following:
Inserted: "(17) COVID-19 hate crimes.--The defendant committed a COVID-19 hate crime, as defined in section 2 of the COVID-19 Hate Crimes Act.".
Inserted: (b) Increase Statutory Penalties for COVID-19 Hate Crimes.--Section 249(a) of title 18, United States Code, is amended--
Inserted: (1) in paragraph (2), by striking "paragraph (3)" and inserting "paragraph (4)";
Inserted: (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
Inserted: (3) by inserting after paragraph (2) the following:
Inserted: "(3) Offenses involving covid-19 hate crimes.--
Inserted: "(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (4), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of--
Inserted: "(i) the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person; and
Inserted: "(ii) the actual or perceived relationship to the spread of COVID-19 of any person because of the characteristic described in clause (i), shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death.
Inserted: "(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
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Inserted: "(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--
Inserted: "(I) across a State line or national border; or
Inserted: "(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
Inserted: "(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
Inserted: "(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
Inserted: "(iv) the conduct described in subparagraph (A)--
Inserted: "(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
Inserted: "(II) otherwise affects interstate or foreign commerce."; and
Inserted: (4) in paragraph (4), as so redesignated--
Inserted: (A) by striking "(1) or in paragraph (2)(A)" and inserting "(1), in paragraph (2)(A)"; and
Inserted: (B) by inserting ", or in paragraph (3)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (3)(B))" after "paragraph (2)(B))"
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1421. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 937, to facilitate the expedited review of COVID-19 hate crimes, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES.
(a) Death Penalty Eligibility.--Section 3592(c) is amended by inserting after paragraph (16) the following:
“(17) COVID-19 hate crimes.--The defendant committed a COVID-19 hate crime, as defined in section 2 of the COVID-19 Hate Crimes Act.”.
(b) Increase Statutory Penalties for COVID-19 Hate Crimes.--Section 249(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking “paragraph (3)” and inserting “paragraph (4)”;
(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(3) by inserting after paragraph (2) the following:
“(3) Offenses involving covid-19 hate crimes.--
“(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (4), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of--
“(i) the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person; and
“(ii) the actual or perceived relationship to the spread of COVID-19 of any person because of the characteristic described in clause (i), shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death.
“(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, dangerous weapon, 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.”; and
(4) in paragraph (4), as so redesignated--
(A) by striking “(1) or in paragraph (2)(A)” and inserting “(1), in paragraph (2)(A)”; and
(B) by inserting “, or in paragraph (3)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (3)(B))” after “paragraph (2)(B))”
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Senate amendment submitted
April 14, 2021