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MODEL STATE LEGISLATION
National Law Center on Homelessness & Poverty
(NLCHP) and National Coalition for the Homeless (NCH)
On the federal level there are two bills which are currently
pending in the U.S. House of Representatives. H.R. 2216 would amend the Hate
Crime Statistics Act to include crimes against the homeless. H.R. 2217 would
amend the Violent Crime Control and Law Enforcement Act of 1994 to include
homeless status in the definition of “hate crime” for the purpose of federal
sentencing provisions. Both bills
were introduced by Congresswoman Eddie Bernice Johnson (D-TX).
With hate crimes/violence against homeless people
escalating, NLCHP and NCH are asking local advocates/service providers to have
legislation introduced in your respective state legislatures. Below is a model piece of legislation
that we recommend.
There are two states (California and Maine) that have passed
pieces of this proposed model legislation. No state has yet added homelessness to its hate crimes
statute. Legislation is pending in
Massachusetts (H.B. 2509), Ohio (H.B. 419), and Alaska (S.B. 211).
For help and advice in getting this model legislation
introduced in your state legislature, please contact:
Tulin Ozdeger, Civil Rights Director, NLCHP
Ph: (202) 638-2535 x212;
Email: tozdeger@nlchp.org
And
Michael Stoops, Acting Executive Director, NCH
Ph: (202)
462-4822 x19;
Email: mstoops@nationalhomeless.org
If you succeed in getting legislation introduced, please let
us know right away.
We can then mobilize our grassroots members in your state to
assist in the lobbying efforts.
Model State Legislation - Hate Crimes/Violence against
Homeless People
Whereas, hate crimes and violence against homeless persons
has become a nationwide epidemic, with 774 reported cases of violence against
homeless people over the past 9 years, resulting in 217 deaths;
Whereas, the scope of prohibitions against the commission of
hate crimes against certain groups of persons should include homeless persons;
Whereas, understanding violent crimes committed against
homeless persons and adequate punishment for such crimes play key roles in preventing
and managing violence against homeless persons; and
Whereas, law enforcement needs proper training to handle and
prevent violent crimes against homeless persons;
Be it enacted:
(1)
Definition of Homeless Person – For purposes of this section, “homeless person” refers to an
individual who lacks a fixed, regular, and adequate nighttime residence, or an
individual who has a primary nighttime residence that is:
(a) A
public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings, including cars, parks, public
spaces, abandoned buildings, substandard housing, bus or train stations, or
similar settings;
(b) A supervised
publicly or privately operated shelter designed to provide temporary living
accommodations, including motels, hotels, congregate shelters, and transitional
housing; or
(c) Housing of other persons in
which the individual is temporarily staying due to loss of housing, economic
hardship, or a similar reason.
(2)
The state hate crimes statute shall be expanded to include
homeless persons as a protected class.
(3)
Prohibition on Hate Crimes against Homeless Persons –
The following acts shall be deemed a hate crime and prohibited when carried out
against a person on the basis that person’s status as a homeless person:
(a)
Assault, aggravated assault, battery, or aggravated battery
upon the person; or
(b)
Acts that deface, damage, or destroy or attempt to deface,
damage, or destroy the personal property of the person; or
(c)
Acts that result in the death of the person; or
(d)
Any other crime against the person.
(4)
Punishments for Hate Crimes Against Homeless Persons –
(a)
A person convicted of aggravated assault or aggravated battery
upon a homeless person based on the victim’s status as a homeless person shall
be sentenced to a minimum term of 3 years and fined not more than $10,000. The person shall be ordered by the
sentencing judge to make any restitution to the victim of the offense and to
perform 500 hours of community service work. Restitution and community service work shall be in addition
to any fine or sentence that may be imposed and shall not be in lieu thereof.
(b)
Whenever a person is charged with committing an assault or
aggravated assault or a battery or aggravated battery upon a homeless person
based on the victim’s status as a homeless person, the offense for which the
person is charged shall be reclassified as follows:
(i)
In the case of aggravated battery, from a felony of the second
degree to a felony of the first degree.
(ii)
In the case of aggravated assault, from a felony of the third
degree to a felony of the second degree.
(iii)
In the case of battery, from a misdemeanor of the first degree
to a felony of the third degree.
(iv)
In the case of assault, from a misdemeanor of the second
degree to a misdemeanor of the first degree.
(5)
State Office of the Attorney General Study -
(a)
The Office of the Attorney General shall assess the extent of
the problem of crimes against homeless persons and develop a plan to prevent
these crimes and apprehend and prosecute the perpetrators of these crimes.
(b)
In developing the assessment and plan, the Office of the
Attorney General shall consult homeless persons, service providers and
advocates for homeless persons and law enforcement agencies with experience
investigating crimes against homeless persons.
(6)
Law Enforcement Training on Hate Crimes against Homeless
Persons –
(a)
The lead state law enforcement agency shall develop a
telecourse that shall be made available to all law enforcement agencies in the
state. Every state, local, and
correctional law enforcement agency shall certify that each of its officers has
taken the course. The telecourse
shall address crimes against homeless persons and methods of dealing
effectively and humanely with homeless persons. The course shall include instruction on each of the
following topics:
(i)
Information about homelessness, including causes of
homelessness, its impact, and solutions to homelessness.
(ii)
Indicators of hate crimes.
(iii)
The impact of these crimes on the victim, the victim’s family,
and the community.
(iv)
The assistance and compensation available to victims.
(v)
The laws dealing with hate crimes and the legal rights of, and
the remedies available to, victims of hate crimes.
(vi)
Law enforcement procedures, reporting, and documentation of
hate crimes.
(vii)
Techniques and methods to handle incidents of hate crimes.
(viii)
The special problems inherent in hates crimes against homeless
persons and techniques on how to deal with these special problems.
(b)
The lead state law enforcement agency shall develop a protocol
that law enforcement personnel are required to follow, including, but not
limited, to the following:
(i)
Preventing likely hate crimes by, among other things,
establishing contact with persons and communities that are likely targets, and
forming and cooperating with community hate crime prevention and response
networks.
(ii)
Responding to reports of hate crimes, including reports of
hate crimes committed under color of legal authority.
(iii)
Providing victim assistance and follow up, including community
follow up.
(iv)
Reporting methods and procedures to track hate crimes against
homeless persons.
(c)
In developing the telecourse, the lead state law enforcement
agency shall consult subject matter experts including, but not limited to, the
following:
(i)
Homeless and formerly homeless individuals;
(ii)
The National Coalition for the Homeless and National Law
Center on Homelessness & Poverty;
(iii)
Other local service providers and advocates for homeless
people;
(iv)
Experts on the disabilities homeless persons commonly
experience; and
(v)
Law enforcement agencies with experience investigating hate
crimes against homeless people.
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