Text of H.R.1913 as Referred in SenateLocal Law Enforcement Hate Crimes Prevention Act of 2009To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.current 111st session of congressBack to Bill DetailsVersion HistoryVersion Word Count Changes From Previous Version Percent ChangeIntroduced in House 2,718 n/a n/aReported in House 2,443 19 39%Engrossed in House 2,166 24 34%Referred in Senate 2,150 5 Show Changes Hide Changes 7%Key: changed or removed text inserted or modified text--------------------------------------------------------------------------------Loading Bill TextHR 1913 EHRFSCommentsClose CommentsPermalink111th CONGRESSCommentsClose CommentsPermalink1st SessionCommentsClose CommentsPermalinkH. R. 1913CommentsClose CommentsPermalinkIN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalinkApril 30, 2009CommentsClose CommentsPermalinkReceived; read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink--------------------------------------------------------------------------------AN ACTCommentsClose CommentsPermalinkTo provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.CommentsClose CommentsPermalinkBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalinkSECTION 1. SHORT TITLE.This Act may be cited as the ‘Local Law Enforcement Hate Crimes Prevention Act of 2009’.CommentsClose CommentsPermalinkSEC. 2. DEFINITION OF HATE CRIME.In this Act--CommentsClose CommentsPermalink(1) the term ‘crime of violence’ has the meaning given that term in section 16, title 18, United States Code;CommentsClose CommentsPermalink(2) the term ‘hate crime’ has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); andCommentsClose CommentsPermalink(3) the term ‘local’ means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.CommentsClose CommentsPermalinkSEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.(a) Assistance Other Than Financial Assistance-CommentsClose CommentsPermalink(1) IN GENERAL- At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--CommentsClose CommentsPermalink(A) constitutes a crime of violence;CommentsClose CommentsPermalink(B) constitutes a felony under the State, local, or tribal laws; andCommentsClose CommentsPermalink(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.CommentsClose CommentsPermalink(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.CommentsClose CommentsPermalink(b) Grants-CommentsClose CommentsPermalink(1) IN GENERAL- The Attorney General may award grants to State, local, and Tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.CommentsClose CommentsPermalink(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.CommentsClose CommentsPermalink(3) APPLICATION-CommentsClose CommentsPermalink(A) IN GENERAL- Each State, local, or Tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.CommentsClose CommentsPermalink(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.CommentsClose CommentsPermalink(C) REQUIREMENTS- A State, local, or Tribal law enforcement agency applying for a grant under this subsection shall--CommentsClose CommentsPermalink(i) describe the extraordinary purposes for which the grant is needed;CommentsClose CommentsPermalink(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;CommentsClose CommentsPermalink(iii) demonstrate that, in developing a plan to implement the grant, the State, local, or Tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service programs that have experience in providing services to victims of hate crimes; andCommentsClose CommentsPermalink(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.CommentsClose CommentsPermalink(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.CommentsClose CommentsPermalink(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.CommentsClose CommentsPermalink(6) REPORT- Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.CommentsClose CommentsPermalink(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalinkSEC. 4. GRANT PROGRAM.(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.CommentsClose CommentsPermalink(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalinkSEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012, such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.CommentsClose CommentsPermalinkSEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink‘Sec. 249. Hate crime acts‘(a) In General-CommentsClose CommentsPermalink1‘(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, 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 the actual or perceived race, color, religion, or national origin of any person--CommentsClose CommentsPermalink‘(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink‘(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink‘(i) death results from the offense; orCommentsClose CommentsPermalink‘(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-CommentsClose CommentsPermalink‘(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerouse weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person--CommentsClose CommentsPermalink‘(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; andCommentsClose CommentsPermalink‘(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--CommentsClose CommentsPermalink‘(I) death results from the offense; orCommentsClose CommentsPermalink‘(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink‘(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--CommentsClose CommentsPermalink‘(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--CommentsClose CommentsPermalink‘(I) across a State line or national border; orCommentsClose CommentsPermalink‘(II) using a channel, facility, or instrumentality of interstate or foreign commerce;CommentsClose CommentsPermalink‘(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);CommentsClose CommentsPermalink‘(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; orCommentsClose CommentsPermalink‘(iv) the conduct described in subparagraph (A)--CommentsClose CommentsPermalink‘(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; orCommentsClose CommentsPermalink‘(II) otherwise affects interstate or foreign commerce.CommentsClose CommentsPermalink‘(3) ADDITIONAL FEDERAL NEXUS FOR OFFENSE- Whoever, in the special maritime or territorial jurisdiction of the United States, or in Indian country, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as those provided for offenses under those paragraphs.CommentsClose CommentsPermalink‘(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--CommentsClose CommentsPermalink‘(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; andCommentsClose CommentsPermalink‘(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--CommentsClose CommentsPermalink‘(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;CommentsClose CommentsPermalink‘(B) the State has requested that the Federal Government assume jurisdiction;CommentsClose CommentsPermalink‘(C) the State does not object to the Federal Government assuming jurisdiction; orCommentsClose CommentsPermalink‘(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.CommentsClose CommentsPermalink‘(c) Definitions-CommentsClose CommentsPermalink‘(1) In this section--CommentsClose CommentsPermalink‘(A) the term ‘explosive or incendiary device’ has the meaning given such term in section 232 of this title;CommentsClose CommentsPermalink‘(B) the term ‘firearm’ has the meaning given such term in section 921(a) of this title; andCommentsClose CommentsPermalink‘(C) the term ‘State’ includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.CommentsClose CommentsPermalink‘(2) For the purposes of this chapter, the term ‘gender identity’ means actual or perceived gender-related characteristics.CommentsClose CommentsPermalink‘(d) Statute of Limitations-CommentsClose CommentsPermalink‘(1) OFFENSES NOT RESULTING IN DEATH- Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.CommentsClose CommentsPermalink‘(2) DEATH RESULTING OFFENSES- An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.CommentsClose CommentsPermalink‘(e) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.’.CommentsClose CommentsPermalink(b) Technical and Conforming Amendment- The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink‘249. Hate crime acts.’.CommentsClose CommentsPermalinkSEC. 7. SEVERABILITY.If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalinkSEC. 8. RULE OF CONSTRUCTION.Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution.CommentsClose CommentsPermalinkPassed the House of Representatives April 29, 2009.CommentsClose CommentsPermalinkAbstracthttp://www.google.com/patents?id=BQsBAAAAEBAJ&dq=neurologicalDisclosed is a multiple electrode, closed-loop, responsive system for the treatment of certain neurological diseases such as epilepsy, migraine headaches and Parkinson's disease. Brain electrodes would be placed in close proximity to the brain or deep within brain tissue. When a neurological event such as the onset of an epileptic seizure occurs, EEG signals from the electrodes are processed by signal conditioning means in a control module that can be placed beneath the patient's scalp, within the patient's chest, or situated externally on the patient. Neurological event detection means in the control module will then cause a response to be generated for stopping the neurological event. The response could be an electrical signal to brain electrodes or to electrodes located remotely in the patient's body. The response could also be the release of medication or the application of a sensory input such as sound, light or mechanical vibration or electrical stimulation of the skin. The...Patent number: 6016449Filing date: Oct 27, 1997Issue date: Jan 18, 2000Inventors: Robert E. Fischell, David R. Fischell, Adrian R. M. UptonAssignees: NeuroPace, Inc.U.S. Classification607/45International ClassificationA61N 136What is claimed is:1. A system for the treatment of neurological disorders of a human patient, the system comprising:at least two electrodes adapted to be located within the cranium of the human patient;a control module adapted to be implanted beneath the patient's scalp for transmitting output electrical signals from the control module to the patient's brain responsive to input electrical signals received by the control module, the input electrical signals originating in the patient's brain;electrical conducting means for providing electrical connections between the electrodes and the control module; andexternal equipment means adapted to be located external to the human patient for providing two-way communication between the external equipment means and the control module for (1) receiving data transmission from the control module and (2) transmitting electrical signals to be received by the control module for defining the output electrical signals from the control module, whereby said output electrical signals provide a stimulation signal to terminate a neurological event.2. The system of claim 1 wherein there are exactly two electrodes. electrical conducting means.3. The system of claim 1 wherein there are at least three electrodes.4. The system of claim 3 wherein the control module has an outer surface and at least part of that outer surface is electrically conducting and at least one of the other electrodes is an active electrode connected to the control module by the electrical conducting means.5. The system of claim 1 wherein there are at least four electrodes.6. The system of claim 1 wherein the electrical conducting means includes at least one insulated conducting wire, the wire having a proximal end and a distal end, the proximal end of each wire being joined to the control module and the distal end of each wire being joined to an electrode, the path of the wire from the control module to the electrode including passage between the patient's scalp and cranium.7. The system of claim 1 wherein at least one electrode is positionally located within the brain of said patient defining a deep electrode.8. The system of claim 7 wherein the deep electrode is positionally located within a hippocampus region of said brain.9. The system of claim 1 wherein the control module includes an event detection sub-system means for identifying an occurrence of a neurological event by processing of at least one EEG signal detected from at least one electrode.10. The system of claim 9 wherein the event detection sub-system means includes a signal conditioning means for operating on the at least one EEG signal from the at least one electrode to produce an output signal having an optimized signal to noise ratio and an event detection means for detecting a neurological event, the event detection means having an input signal and an output signal, the input signal to the event detection means being the output signal of the signal conditioning means.11. The system of claim 10 wherein the signal conditioning means includes at least one signal conditioning transformation for transforming the EEG signal from said electrode to said output signal for producing said optimized signal to noise ratio.12. The system of claim 11 wherein at least one of the signal conditioning transformations is signal squaring for increasing the signal amplitude and eliminating signals having a negative value thereby improving the signal to noise ratio.13. The system of claim 10 wherein the signal conditioning means includes at least two time delay circuits for inputting at least two EEG signals from the at least two electrodes and outputting a time synchronized signal to said event detection means.14. The system of claim 10 wherein the at least two electrodes adapted to be located within the cranium of the human patient are placed at two different locations within the cranium, each of the locations being such that the propagation times of the EEG signals from the focus of a neurological event to each of the at least two electrodes is different, the signal conditioning means including at least two time delay circuits, adapted to provide an appropriate time delay for each EEG signal from each electrode in order to produce a set of time synchronized EEG signals.15. The system of claim 14 wherein the event detection sub-system means includes means for altering the time duration of the time delay for the at least two time delay circuits.16. The system of claim 15 wherein the event detection sub-system means includes means for selecting at least one EEG signal to be processed by the signal conditioning means.17. The system of claim 15 wherein the control module includes control processor means for programming changes in at least one of said signal conditioning transformations, the central processor means being coupled to the event detection sub-system means.18. The system of claim 10 wherein the event detection means includes at least one event detection transformation means having a plurality of event detection transforms for detecting said occurrence of the neurological event.19. The system of claim 18 wherein the at least one of the event detection transformations is a comparison of the output of the signal conditioning means with an event detection threshold whereby the exceeding of the event detection threshold is the indication that a neurological event has been detected.20. The system of claim 19 including means for adjusting the level of the event detection threshold.21. The system of claim 1 wherein the stimulation signal to terminate the neurological event is applied to at least one electrode located within the cranium.22. The system of claim 21 wherein at least two signals are applied to at least two electrodes located within the cranium.23. The system of claim 22 wherein the at least two signals applied to the at least two electrodes have substantially the same signal strength as a function of time.24. The system of claim 23 wherein the at least two signals applied to the at least two electrodes have substantially different signal strength as a function of time.25. The system of claim 21 wherein the electrical signal has a biphasic waveform.26. The system of claim 1 wherein the control module includes data recording means coupled to the at least two electrodes for recording the input electrical signals originating in the patient's brain.27. The system of claim 26 wherein the data recording means is adapted to record at least one EEG signal.28. The system of claim 26 wherein the data recording means is adapted to simultaneously record at least two EEG signals.29. The system of claim 26 wherein the data recording means includes an analog-to-digital converter coupled to the two electrodes within the cranium of the human patient and a digital memory serially coupled to the analog to digital converter.30. The system of claim 29 wherein the digital memory records data for a first time period defining a time period prior to the detection of a neurological event and a second time period defining a time period after the detection of the neurological event.31. The system of claim 30 wherein the first time period is between 0.1 and 30 minutes and the second time period is between 0.1 and 30 minutes.32. The system of claim 29 wherein the digital memory stores the number of neurological events that have occurred.33. The system of claim 1 wherein the two-way communication for receiving data transmission and transmitting electrical signals reversibly from the control module to the external equipment is by electromagnetic waves.34. The system of claim 1 wherein the control module includes alarm means for signaling the patient that a neurological event has occurred.35. The system of claim 34 wherein the alarm means is a mechanical vibrator for producing mechanical vibrations for sensing by the patient.
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