Voted YES on enforcing against anti-gay hate crimes.
Congressional Summary:Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994: a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person. Provides technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of hate crimes, including financial grant awards.
Proponent's argument to vote Yes:Rep. JOHN CONYERS (D, MI-14):This bill expands existing Federal hate crimes law to groups who are well-known targets for bias-based violence--they are sexual orientation, gender, gender identity, and disability. These crimes of violence are directed not just at those who are directly attacked; they are targeting the entire group with the
threat of violence.
Opponent's argument to vote No:Rep. LAMAR SMITH (R, TX-21): Every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice.
Reference: Local Law Enforcement Hate Crimes Prevention Act;
; vote number 2009-H223
on Apr 2, 2009
Voted YES on funding for alternative sentencing instead of more prisons.
Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA;
Bill HR 4690
; vote number 2000-317
on Jun 22, 2000
Voted NO on more prosecution and sentencing for juvenile crime.
Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL;
Bill HR 1501
; vote number 1999-233
on Jun 17, 1999
Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.
Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Hinchey co-sponsored a bill limiting capital punishment:
H.R. 1038, S.233:
To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty .
S.486 & H.R.912:
To reduce the risk that innocent persons may be executed [by examining DNA evidence more thoroughly].
H. R. 912, 3/7/2001, Innocence Protection Act of 2001 (Delahunt, et. al.)
S.486, 3/7/2001, Innocence Protection Act of 2001 (Leahy, et. al.)
H.R.1038, 3/15/2001, National Death Penalty Moratorium Act of 2001 (Jackson (IL), Rodriguez, Clay, Hoeffel, Jackson-Lee (TX))
S.233, 1/31/2001, National Death Penalty Moratorium Act of 2001 (Feingold, Levin, Wellstone, Corzine)
More funding and stricter sentencing for hate crimes.
Hinchey co-sponsored the Local Law Enforcement Hate Crimes Prevention Act:
Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.
Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.
Award grants to State and local programs designed to combat hate crimes committed by juveniles.
Prohibit specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.
Increase criminal sentencing for adult recruitment of juveniles to commit hate crimes.
Collect and publish data about crimes that manifest evidence of prejudice based on gender.
Source: House Resolution Sponsorship 01-HR1343 on Apr 3, 2001
Require DNA testing for all federal executions.
Hinchey co-sponsored the Innocence Protection Act:
Title: To reduce the risk that innocent persons may be executed.
Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit:
the Federal crime of which the person was convicted; or
any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.
Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.
Provides grants to prosecutors for DNA testing programs.
Establishes the National Commission on Capital Representation.
Withholds funds from States not complying with standards for capital representation.
Provides for capital defense incentive grants and resource grants.
Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.
Adds a certification requirement in Federal death penalty prosecutions.
Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
Source: House Resolution Sponsorship 01-HR912 on Mar 7, 2001
Stricter sentencing for hate crimes.
Hinchey co-sponsored stricter sentencing for hate crimes
To make sentencing guidelines for Federal criminal cases that provide sentencing enhancements for hate crimes.
Amends the Federal judicial code to require the U.S. Sentencing Commission to:
promulgate or amend existing guidelines to provide for sentencing enhancements of not less than three offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes; and
assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions.
Proponents' Argument in Favor:Rep. SENSENBRENNER. This bill does not create a new Federal crime. Nothing that is presently not criminal now would be made criminal as a result of enactment. What enactment of H.R. 1152 will do is provide for enhanced criminal penalties for certain specifically designated hate crimes. As used in the bill, the term hate crime is defined as a Federal crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of the person. Hate crimes are more serious offenses and often result in a greater level of injury to the victim and to society.
Source: Hate Crimes Sentencing Enhancement Act (H.R.1152) 1993-H1152 on Mar 1, 1993
Life imprisonment for repeat sexual predators.
Hinchey co-sponsored restricting parole for repeat sexual predators
Expresses the sense of the Congress that States should:
more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with first-time sexual offenders and whether to grant parole to sexual offenders; and
review their treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals.
Whoever violates provisions regarding aggravated sexual abuse after previously having been convicted of another State or Federal sexual abuse offense shall be imprisoned for life.
Establish guidelines for State programs requiring any person who is convicted of a sex offense to register and keep up to date a current address with a designated State law enforcement agency for ten years after being released from prison
Maintain on-line availability of information obtained under this Act
Carry out a study of persistent sexual predators and to report to the Congress and the President.
Source: Protection from Sexual Predators Act (H.R.3990) 1994-H3990 on Mar 9, 1994