123STA T . 2 8 3 6PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(A)Themov eme nt o f mem b e rs oft a r g ete d gro up s i s impeded , and members of su c h groups are forced to move across S tate l ines to escape the incidence or ris k of such violence . ( B ) M embers of targeted groups are prevented from purchasing goods and services, obtaining or sustaining emplo y ment, or participating in other commercial activity. ( C ) P erpetrators cross State lines to commit such violence. ( D ) Channels, facilities, and instrumentalities of inter - state commerce are used to facilitate the commission of such violence. ( E ) Such violence is committed using articles that have traveled in interstate commerce. ( 7 ) F or generations, the institutions of slavery and involun- tary servitude w ere defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13 th amendment to the Constitution of the U nited States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially moti- vated violence is an important means of eliminating, to the e x tent possible, the badges, incidents, and relics of slavery and involuntary servitude. ( 8 ) Both at the time when the 13th, 1 4 th, and 1 5 th amend- ments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ‘ ‘races ’ ’. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Con- stitution of the United States. ( 9 ) Federal j urisdiction over certain violent crimes moti- vated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecu- tion of such crimes. (1 0 ) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and I ndian tribes. SEC.4703 . D E FIN I T I O NS. (a) A MEND MEN T . — Section 2 80003(a) of the V iolent Crime Con- trol and L aw Enforcement Act of 1994 (Public Law 103 – 322
108 Stat. 209 6 ) is amended by inserting ‘‘gender identity,’’ after ‘‘gender,’’. (b) T HIS DI V ISI O N.—In this division— (1) the term ‘‘crime of violence’’ has the meaning given that term in section 16 of title 18, United States Code; (2) the term ‘‘hate crime’’ has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act; 42USC3716note. 2 8 USC 9 94 note.
