Text - H.R.61 - 118th Congress (2023-2024): Leading Against White Supremacy Act of 2023

118th CONGRESS
  1st Session
                                 H. R. 61

   To prevent and prosecute white supremacy inspired hate crime and 
 conspiracy to commit white supremacy inspired hate crime and to amend 
   title 18, United States Code, to expand the scope of hate crimes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

 Ms. Jackson Lee introduced the following bill; which was referred to 
                     the Committee on the Judiciary

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                                 A BILL


 
   To prevent and prosecute white supremacy inspired hate crime and 
 conspiracy to commit white supremacy inspired hate crime and to amend 
   title 18, United States Code, to expand the scope of hate crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leading Against White Supremacy Act 
of 2023''.

SEC. 2. WHITE SUPREMACY INSPIRED HATE CRIME.

    (a) In General.--A person engages in a white supremacy inspired 
hate crime when white supremacy ideology has motivated the planning, 
development, preparation, or perpetration of actions that constituted a 
crime or were undertaken in furtherance of activity that, if 
effectuated, would have constituted a crime.
    (b) Conspiracy.--A conspiracy to engage in white supremacy inspired 
hate crime shall be determined to exist--
            (1) between two or more persons engaged in the planning, 
        development, preparation, or perpetration of a white supremacy 
        inspired hate crime; or
            (2) between two or more persons--
                    (A) at least one of whom engaged in the planning, 
                development, preparation, or perpetration of a white 
                supremacy inspired hate crime; and
                    (B) at least one of whom published material 
                advancing white supremacy, white supremacist ideology, 
                antagonism based on ``replacement theory'', or hate 
                speech that vilifies or is otherwise directed against 
                any non-White person or group, and such published 
                material--
                            (i) was published on a social media 
                        platform or by other means of publication with 
                        the likelihood that it would be viewed by 
                        persons who are predisposed to engaging in any 
                        action in furtherance of a white supremacy 
                        inspired hate crime, or who are susceptible to 
                        being encouraged to engage in actions in 
                        furtherance of a white supremacy inspired hate 
                        crime;
                            (ii) could, as determined by a reasonable 
                        person, motivate actions by a person 
                        predisposed to engaging in a white supremacy 
                        inspired hate crime or by a person who is 
                        susceptible to being encouraged to engage in 
                        actions relating to a white supremacy inspired 
                        hate crime; and
                            (iii) was read, heard, or viewed by a 
                        person who engaged in the planning, 
                        development, preparation, or perpetration of a 
                        white supremacy inspired hate crime.
    (c) Department of Justice Authority, Enforcement, Monitoring, and 
Reporting.--The Department shall have authority to conduct operations 
and activities pursuant to this section, specifically--
            (1) with regard to information or evidence obtained by the 
        Department of any action cited in this section, the Department 
        shall have the authority to investigate, intercede, and 
        undertake other actions that it deems necessary and appropriate 
        to interdict, mitigate, or prevent such action from culminating 
        in violent activity;
            (2) the Department shall have the authority to prosecute 
        persons who engaged in actions cited in this section; and
            (3) the Uniform Crime Reporting Program in the Department 
        of Justice shall maintain records of white supremacy inspired 
        hate crimes and related actions cited in this section, and 
        enforcement actions in response thereto.
The Department shall provide annual reports to the appropriate 
committees in Congress that shall include information cited in this 
paragraph.

SEC. 3. CRIMINAL OFFENSE.

    Section 249(a)(1) of title 18, United States Code, is amended--
            (1) in the matter preceding subparagraph (A) by inserting 
        after ``race, color, religion, or national origin of any 
        person'' the following: ``, or because of a white supremacy 
        based motivation against any person''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the offense was in furtherance of a 
                        white supremacy based motivation.''.

SEC. 4. FINDINGS.

    Section 4702 of the Matthew Shepard and James Byrd Jr. Hate Crimes 
Prevention Act (18 U.S.C. 249 note) is amended by adding at the end the 
following:
            ``(11) Mass shootings and other hate crimes motivated by 
        white supremacy have been increasing in frequency and 
        intensity. These heinous and virulent crimes are inspired by 
        conspiracy theories, blatant bigotry, and mythical falsehoods 
        such as ``replacement theory''. All instances must be prevented 
        and severe criminal penalties must be applied to their 
        perpetrators.''.