[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 55 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 55
To amend section 249 of title 18, United States Code, to specify
lynching as a hate crime act.
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IN THE HOUSE OF REPRESENTATIVES
January 4, 2021
Mr. Rush introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To amend section 249 of title 18, United States Code, to specify
lynching as a hate crime act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till Antilynching Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the 20th century lynching occurred mostly in
southern States by White southerners against Black southerners.
(2) In 1892, the Tuskegee Institute began to record
statistics of lynchings and reported that 4,742 reported
lynchings had taken place by 1968, of which 3,445 of the
victims were Black.
(3) Most of the lynchings that occurred in the South were
mass moblike lynchings.
(4) Mass moblike lynchings were barbaric by nature
characterized by members of the mob, mostly White southerners,
shooting, burning, and mutilating the victim's body, alive.
(5) In ``Anatomy of a Lynching: The Killing of Claude
Neal'', community papers readily advertised mob lynchings, as
evidenced by a Florida local paper headline: ``Florida to Burn
Negro at Stake: Sex Criminal Seized from Brewton Jail, Will be
Mutilated, Set Afire in Extra-Legal Vengeance for Deed.''
(6) Civil rights groups documented and presented Congress
evidence of vigilante moblike lynchings.
(7) Evidence by NAACP investigator Howard Kester documented
the extreme brutality of these lynchings. An excerpt from
``Anatomy of a Lynching'' further illustrates this point:
``After taking the nigger to the woods about four miles from
Greenwood, they cut off his penis. He was made to eat it. Then
they cut off his testicles and made him eat them and say he
liked it.''
(8) Many civil rights groups, notably the Anti-Lynching
Crusaders, also known as the ALC, operating under the umbrella
of the NAACP, made numerous requests to Congress to make
lynching a Federal crime.
(9) Congressman George Henry White, an African American,
introduced the first Federal antilynching bill and subsequently
nearly 200 anti-lynching bills were introduced in the Congress
during the first half of the 20th century.
(10) Between 1890 and 1952, seven Presidents petitioned
Congress to end lynching.
(11) Between 1920 and 1940, the House of Representatives
passed three strong anti-lynching measures, of which Congress
came closest to enacting anti-lynching legislation sponsored by
Congressman Leonidas C. Dyer in 1922.
(12) On all three occasions, opponents of anti-lynching
legislation, argued States' rights and used the filibuster, or
the threat of it, to block the Senate from voting on the
measures.
(13) The enactment of the Civil Rights Act of 1968 was the
closest Congress ever came in the post-Reconstruction era to
enacting anti-lynching legislation.
(14) In 2005, the Senate passed a resolution, sponsored by
Senators Mary Landrieu and George Allen, apologizing for the
Senate's failure to enact anti-lynching legislation as a
Federal crime, with Senator Landrieu saying, ``There may be no
other injustice in American history for which the Senate so
uniquely bears responsibility.''
(15) To heal past and present racial injustice, Congress
must make lynching a Federal crime so our Nation can begin
reconciliation.
SEC. 3. SPECIFYING LYNCHING AS A HATE CRIME ACT.
Section 249(a) of title 18, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Offenses involving lynching.--Whoever, whether or not
acting under color of law, willfully, acting as part of any
collection of people, assembled for the purpose and with the
intention of committing an act of violence upon any person,
causes death to any person, shall be imprisoned for any term of
years or for life, fined under this title, or both.''.
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