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HATE CRIMES LEGISLATION
July 20, 2004
ACTION ALERT
Urge Congress to Pass the Hate Crimes Legislation, the Local Law Enforcement Enhancement Act, Now!
BACKGROUND:
Historically, the public attitude toward people with disabilities has run the gamut of destructive prejudice, ranging from systems of eugenics-based supremacy, to systems that isolate people from others. Hate crimes are a particularly insidious, and often violent, display of negative public attitudes toward people with disabilities. Federal hate crimes legislation, however, has yet to cover people with disabilities.
The Local Law Enforcement Enhancement Act (LLEEA) (S. 966/ H.R. 4204) strengthens the Federal hate crimes statute by permitting Federal involvement in the prosecution of bias- motivated crimes based on the victim's disability, gender or sexual orientation. It also authorizes resources for states and localities to assist in prosecution of such crimes.
STATUS:
Last month, the Senate passed the Local Law Enforcement Enhancement Act as an amendment to the Department of Defense authorization bill. As soon as this week (week of July 19th), when the House conferees for the Department of Defense authorization bill (S. 2559/ H.R. 4613) are appointed, Members of Congress who are supporters of LLEEA will offer a "motion to instruct" the conference committee to include the hate crimes bill in the final defense bill. This effort is essential to ensure that the language of LLEEA is incorporated. Action To Be Taken:
Use the letter below to urge your Members of Congress to support the Local Law Enforcement Enhancement Act (S. 966/ H.R. 4204) as an amendment to the Department of Defense authorization bill. If you, personally, have a disability and have been the victim of a hate crime, or know anyone with a disability who has, be sure to include the story.
SAMPLE LETTER:
As your constituent, I urge you to vote "yes" on any motion to include the Local Law Enforcement Enhancement Act (LLEEA) (S. 966/ H.R. 4204) as an amendment to the Department of Defense authorization bill.
LLEEA strengthens the Federal hate crimes statute by removing unnecessary obstacles to federal prosecution and by providing authority for Federal involvement in a wider category of bias-motivated crimes, such as those against people with disabilities.
While vastly under-reported and under-prosecuted, it is widely known in the disability community that this is a serious problem. Numerous disability and criminology studies, over many years, indicate both a very high crime rate against people with disabilities, as well as a very high level of disability discrimination. The truth is, according to the U.S. Office on Crime Statistics, that in many, if not most, cases, crime victims with disabilities have never participated in the criminal justice process, even if they have been repeatedly and brutally victimized. The literature on disability consistently reports the fact that children and adults with disabilities experience much greater risk of physical and sexual abuse and assault than the population without disabilities.
The expansion of Hate Crimes law is critical in order to protect people with disabilities from this most egregious form of discrimination. While states will continue to play the primary role in the prosecution of hate crime violence, the Federal government must be willing to step in when necessary, as well as to ensure that states and localities have the resources to deal with these crimes and the perpetrators.
Please support people with disabilities by voting "yes" on any motion to include the Local Law Enforcement Enhancement Act (S. 966/ H.R 4204) (LLEEA) as an amendment to the Department of Defense authorization bill.
Thank you.
GENETIC INFORMATION NON-DISCRIMINATION
ACTION ALERT
Urge the House to Pass Genetic Information Non-Discrimination Legislation Now!
BACKGROUND:
Genetic testing can improve our lives by providing information on how we can prevent future health problems, and cope more effectively with unavoidable conditions. But the ability to predict disease through genetic testing and family history opens the door for genetic discrimination, particularly in employment and health insurance. Insurance companies might refuse to cover them, or impose restrictions on coverage. Employers, finding that there is a genetic marker for disease or disability (e.g. breast cancer, diabetes, some forms of dwarfism, certain learning disabilities), for instance, might refuse to hire the person.
STATUS:
The Senate passed the Genetic Information Non- Discrimination Act, S. 1053, in October of 2003. The President has expressed strong support for the legislation. On July 22, 2004, the House Committee on Education and the Workforce Subcommittee on Employer-Employee Relations will hold a hearing on the issue. The House now needs to pass S. 1053, but House Leadership has made no moves to take it up.
ACTION TO BE TAKEN:
The House of Representatives must take up and pass S. 1053, the Genetic Information Nondiscrimination Act, as quickly as possible. We must not allow another moment to go by without protecting Americans against genetic discrimination. Use the letter below to ask your Representative to see that S. 1053 is passed by the House ASAP, so that it can be signed by the President this year!
SAMPLE LETTER:
As your constituent, I am writing to urge you to pass S. 1053, the Genetic Information Nondiscrimination Act as quickly as possible. Genetic testing can improve our lives by providing information on how we can prevent future health problems, and cope more effectively with unavoidable conditions. But the ability to predict disease through genetic testing and family history opens the door for genetic discrimination, particularly in employment and health insurance. Employers, finding that there is a genetic marker for disease or disability (e.g. breast cancer, diabetes, certain forms of dwarfism, certain learning disabilities), for instance, can refuse to hire the person. Insurance companies can refuse to cover them, or impose restrictions on coverage. Without a law to protect people against this form of discrimination, it is certain to increase with advances in technology and testing.
The Senate unanimously passed the Genetic Information Non- Discrimination Act, S. 1053, last October, and President Bush has already announced that he will sign the bill as enacted by the Senate. We ask you to support a vote on this bill in the House as soon as possible in order to protect Americans from discrimination based on their genetic testing and information.
Please ask Speaker Hastert to allow S. 1053 to come to the floor of the House for a vote as soon as possible.
Thank you.
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