Why The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act?

The U.S. Senate passed hate crimes legislation Thursday that expands the federal definition of bias-based crimes to include gender, sexual orientation, gender identity and disability. The bill, passed by the House earlier this month, is named after hate crimes victims Matthew Shepard and James Byrd, Jr.

How does The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act change existing laws?

The bill updates existing federal hate crime legislation by:

• removing the current prerequisite that the victim be engaging in a federally-protected activity, like voting or going to school
• giving federal law enforcement agencies greater ability to engage in hate crimes investigations that local authorities choose not to pursue
• providing $10 million in funding for 2008 and 2009 to help state and local agencies pay for investigating and prosecuting hate crimes
• requiring the FBI to track statistics on hate crimes against transgender people

Lagging FBI hate crimes statistics show a 5.5% increase in violent crimes motivated by sexual orientation from 2006 to 2007 (from 1195 to 1265 incidents). The FBI web site states that 2008 hate crime statistic will be published on the Web in the fall of 2009.

After years of legislative defeat, The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, passed as an attachment to a $680 billion defense authorization bill.

Image: Laramie, Wyoming-the town where Matthew Shepard was kidnapped and brutally beaten in 1998.