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Emmett Till Antilynching Act

The Emmett Till Antilynching Act is a United States federal law which defines lynching as a federal hate crime, increasing the maximum penalty to 30 years imprisonment for several hate crime offences.[1][2]

Emmett Till Antilynching Act
Long titleTo amend section 249 of title 18, United States Code, to specify lynching as a hate crime act.
Enacted bythe 117th United States Congress
EffectiveMarch 29, 2022
Citations
Public lawPub. L.Tooltip Public Law (United States) 117–107 (text) (PDF)
Statutes at Large136 Stat. 1125
Codification
U.S.C. sections amended18 U.S.C. § 249
Legislative history
  • Introduced in the House as H.R. 55 by Bobby Rush (DIL) on January 4, 2021
  • Committee consideration by House Judiciary
  • Passed the House on February 28, 2022 (422–3)
  • Passed the Senate on March 7, 2022 (unanimous consent)
  • Signed into law by President Joe Biden on March 29, 2022
Then-Senator Kamala Harris debates in support of the Emmett Till Antilynching Act on June 5, 2020.

It was passed by the U.S. House of Representatives on February 28, 2022, and U.S. Senate on March 7, 2022, and signed into law on March 29, 2022, by President Joe Biden.[3]

Background edit

The bill was named after 14-year-old Emmett Till, who was lynched in Mississippi in 1955, sparking national and international outrage after photos of his mutilated corpse were published in Black-oriented print media.

A federal antilynching bill had been in discussion for over a century and had been proposed hundreds of times.[4][5] Past attempts which passed at least one legislative chamber include the Dyer Anti-Lynching Bill, the Costigan-Wagner Bill and the Justice for Victims of Lynching Act.

116th Congress edit

Representative Bobby Rush introduced a bill, H.R. 35, on January 3, 2019, at the beginning of the 116th United States Congress.

The bill was reported out of the House Judiciary Committee on October 31, 2019, and was passed by the House, 410–4, on February 26, 2020.[6]

During June 2020, while protests and civil unrest over the murder of George Floyd were occurring nationwide, the bill was considered by the Senate. Senator Rand Paul prevented the bill from being passed by unanimous consent as he opposed the bill's language for being overly broad. Paul felt the legislation would include attacks which he felt were not extreme enough to qualify as "lynching", stating that "this bill would cheapen the meaning of lynching by defining it so broadly as to include a minor bruise or abrasion."[7] Paul proposed an amendment that would apply a "serious bodily injury standard" for a crime to be considered as lynching.[8]

House Majority Leader Steny Hoyer criticized Rand Paul's position, saying on Twitter that "it is shameful that one GOP Senator is standing in the way of seeing this bill become law." Then-senator Kamala Harris added that "Senator Paul is now trying to weaken a bill that was already passed — there's no reason for this" while speaking to have the amendment defeated.[8][7]

117th Congress edit

 
President Joe Biden signs the Emmett Till Antilynching Act in the White House Rose Garden on March 29, 2022

The bill was reintroduced by Rush as H.R. 55 for the 117th Congress, this time revised to include a serious bodily injury standard,[9] and was passed by the House on February 28, 2022. The vote was 422–3, with Republicans Andrew Clyde, Thomas Massie, and Chip Roy voting against. The bill was introduced to the Senate by Senator Cory Booker and cosponsored by Senators Paul, Tim Scott, and Raphael Warnock, among others.[10] They passed the bill through unanimous consent on March 7, 2022.[11][12][9][13][14] Senate Majority Leader Chuck Schumer remarked on the Senate floor after the bill’s passage that: "After more than 200 failed attempts to outlaw lynching, Congress is finally succeeding in taking the long overdue action by passing the Emmett Till Antilynching Act. Hallelujah. It’s long overdue.” The bill was signed into law by President Joe Biden on March 29, 2022.[1]

Text edit

The act amends section 249(a) of Title 18 of the United States Code[15] to include:

(5) LYNCHING.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both.

(6) OTHER CONSPIRACIES.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both.

Legislative history edit

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
116th Congress Emmett Till Antilynching Act of 2019 H.R. 35 January 3, 2019 Bobby Rush
(D-IL1)
148 Passed the House.[6]
S.488 February 14, 2019 Kamala Harris
(D-CA)
47 Objected to by Senator Rand Paul (R-KY).[8]
117th Congress Emmett Till Antilynching Act of 2021 H.R. 55 January 4, 2021 Bobby Rush
(D-IL1)
181 Became law.[1]
S.3710 February 28, 2022 Cory Booker
(D-NJ)
9 Passed the Senate.[16]

See also edit

References edit

  1. ^ a b c McDaniel, Eric; Moore, Elena (March 29, 2022). "Lynching is now a federal hate crime after a century of blocked efforts". NPR. Retrieved March 29, 2022.
  2. ^ Gamble, Giselle Rhoden,Justin (March 1, 2022). "House passes Emmett Till Anti-lynching Act with overwhelmingly bipartisan support | CNN Politics". CNN. Retrieved October 21, 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
  3. ^ "All Actions: H.R.55 — 117th Congress (2021-2022)".
  4. ^ "The Senate has passed a bill making lynching a federal crime". Politico.
  5. ^ Logan, Erin B. (July 5, 2018) "Why Congress failed nearly 200 times to make lynching a federal crime", The Washington Post.
  6. ^ a b "H.R.35 - Emmett Till Antilynching Act". Congress.gov. Library of Congress. February 27, 2020. Retrieved June 5, 2020.
  7. ^ a b Foran, Clare; Fox, Lauren (June 4, 2020). "Emotional debate erupts over anti-lynching legislation as Cory Booker and Kamala Harris speak out against Rand Paul amendment". CNN. Retrieved June 5, 2020.
  8. ^ a b c Barrett, Ted; Foran, Clare (June 3, 2020). "Rand Paul holds up anti-lynching legislation as he seeks changes to bill". CNN. Retrieved June 7, 2020.
  9. ^ a b Sonmez, Felicia (March 8, 2022). . The Washington Post. Archived from the original on March 8, 2022. Retrieved March 8, 2022.
  10. ^ Zaslav, Ali; Foran, Clare (March 2, 2022). "Rand Paul says he'll back Emmett Till Antilynching Act of 2022 after holding up previous bill". CNN. Retrieved February 21, 2023.
  11. ^ Flynn, Meagan (February 21, 2020). . The Washington Post. Archived from the original on March 20, 2022. Retrieved March 20, 2022.
  12. ^ Ella Torres (February 26, 2022). "Emmett Till bill making lynching a federal crime passes House". ABC News. from the original on February 26, 2020. Retrieved February 27, 2020.
  13. ^ Peter Granitz (March 8, 2022). . NPR. Archived from the original on March 18, 2022. Retrieved March 14, 2022.
  14. ^ Jeffery A. Jenkins and Justin Peck (March 9, 2022). . The Washington Post. Archived from the original on March 9, 2022. Retrieved March 20, 2022.
  15. ^ "Text - H.R.55 - 117th Congress (2021-2022): Emmett till Antilynching Act". March 8, 2022.
  16. ^ "Senate passes Emmett till Antilynching Act of 2022". CNN. March 8, 2022.

External links edit

  • Emmett Till Antilynching Act (PDF/details) as amended in the GPO Statute Compilations collection
  • Emmett Till Antilynching Act (PDF/details) as enacted in the US Statutes at Large

emmett, till, antilynching, united, states, federal, which, defines, lynching, federal, hate, crime, increasing, maximum, penalty, years, imprisonment, several, hate, crime, offences, long, titleto, amend, section, title, united, states, code, specify, lynchin. The Emmett Till Antilynching Act is a United States federal law which defines lynching as a federal hate crime increasing the maximum penalty to 30 years imprisonment for several hate crime offences 1 2 Emmett Till Antilynching ActLong titleTo amend section 249 of title 18 United States Code to specify lynching as a hate crime act Enacted bythe 117th United States CongressEffectiveMarch 29 2022CitationsPublic lawPub L Tooltip Public Law United States 117 107 text PDF Statutes at Large136 Stat 1125CodificationU S C sections amended18 U S C 249Legislative historyIntroduced in the House as H R 55 by Bobby Rush D IL on January 4 2021Committee consideration by House JudiciaryPassed the House on February 28 2022 422 3 Passed the Senate on March 7 2022 unanimous consent Signed into law by President Joe Biden on March 29 2022 source source source Then Senator Kamala Harris debates in support of the Emmett Till Antilynching Act on June 5 2020 It was passed by the U S House of Representatives on February 28 2022 and U S Senate on March 7 2022 and signed into law on March 29 2022 by President Joe Biden 3 Contents 1 Background 2 116th Congress 3 117th Congress 4 Text 5 Legislative history 6 See also 7 References 8 External linksBackground editMain article Lynching in the United States The bill was named after 14 year old Emmett Till who was lynched in Mississippi in 1955 sparking national and international outrage after photos of his mutilated corpse were published in Black oriented print media A federal antilynching bill had been in discussion for over a century and had been proposed hundreds of times 4 5 Past attempts which passed at least one legislative chamber include the Dyer Anti Lynching Bill the Costigan Wagner Bill and the Justice for Victims of Lynching Act 116th Congress editRepresentative Bobby Rush introduced a bill H R 35 on January 3 2019 at the beginning of the 116th United States Congress The bill was reported out of the House Judiciary Committee on October 31 2019 and was passed by the House 410 4 on February 26 2020 6 During June 2020 while protests and civil unrest over the murder of George Floyd were occurring nationwide the bill was considered by the Senate Senator Rand Paul prevented the bill from being passed by unanimous consent as he opposed the bill s language for being overly broad Paul felt the legislation would include attacks which he felt were not extreme enough to qualify as lynching stating that this bill would cheapen the meaning of lynching by defining it so broadly as to include a minor bruise or abrasion 7 Paul proposed an amendment that would apply a serious bodily injury standard for a crime to be considered as lynching 8 House Majority Leader Steny Hoyer criticized Rand Paul s position saying on Twitter that it is shameful that one GOP Senator is standing in the way of seeing this bill become law Then senator Kamala Harris added that Senator Paul is now trying to weaken a bill that was already passed there s no reason for this while speaking to have the amendment defeated 8 7 117th Congress edit nbsp President Joe Biden signs the Emmett Till Antilynching Act in the White House Rose Garden on March 29 2022The bill was reintroduced by Rush as H R 55 for the 117th Congress this time revised to include a serious bodily injury standard 9 and was passed by the House on February 28 2022 The vote was 422 3 with Republicans Andrew Clyde Thomas Massie and Chip Roy voting against The bill was introduced to the Senate by Senator Cory Booker and cosponsored by Senators Paul Tim Scott and Raphael Warnock among others 10 They passed the bill through unanimous consent on March 7 2022 11 12 9 13 14 Senate Majority Leader Chuck Schumer remarked on the Senate floor after the bill s passage that After more than 200 failed attempts to outlaw lynching Congress is finally succeeding in taking the long overdue action by passing the Emmett Till Antilynching Act Hallelujah It s long overdue The bill was signed into law by President Joe Biden on March 29 2022 1 Text editThe act amends section 249 a of Title 18 of the United States Code 15 to include 5 LYNCHING Whoever conspires to commit any offense under paragraph 1 2 or 3 shall if death or serious bodily injury as defined in section 2246 of this title results from the offense be imprisoned for not more than 30 years fined in accordance with this title or both 6 OTHER CONSPIRACIES Whoever conspires to commit any offense under paragraph 1 2 or 3 shall if death or serious bodily injury as defined in section 2246 of this title results from the offense or if the offense includes kidnapping or an attempt to kidnap aggravated sexual abuse or an attempt to commit aggravated sexual abuse or an attempt to kill be imprisoned for not more than 30 years fined in accordance with this title or both Legislative history editCongress Short title Bill number s Date introduced Sponsor s of cosponsors Latest status116th Congress Emmett Till Antilynching Act of 2019 H R 35 January 3 2019 Bobby Rush D IL1 148 Passed the House 6 S 488 February 14 2019 Kamala Harris D CA 47 Objected to by Senator Rand Paul R KY 8 117th Congress Emmett Till Antilynching Act of 2021 H R 55 January 4 2021 Bobby Rush D IL1 181 Became law 1 S 3710 February 28 2022 Cory Booker D NJ 9 Passed the Senate 16 See also editDyer Anti Lynching Bill 1918 Justice for Victims of Lynching Act 2018 Lynching in the United StatesReferences edit a b c McDaniel Eric Moore Elena March 29 2022 Lynching is now a federal hate crime after a century of blocked efforts NPR Retrieved March 29 2022 Gamble Giselle Rhoden Justin March 1 2022 House passes Emmett Till Anti lynching Act with overwhelmingly bipartisan support CNN Politics CNN Retrieved October 21 2023 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link All Actions H R 55 117th Congress 2021 2022 The Senate has passed a bill making lynching a federal crime Politico Logan Erin B July 5 2018 Why Congress failed nearly 200 times to make lynching a federal crime The Washington Post a b H R 35 Emmett Till Antilynching Act Congress gov Library of Congress February 27 2020 Retrieved June 5 2020 a b Foran Clare Fox Lauren June 4 2020 Emotional debate erupts over anti lynching legislation as Cory Booker and Kamala Harris speak out against Rand Paul amendment CNN Retrieved June 5 2020 a b c Barrett Ted Foran Clare June 3 2020 Rand Paul holds up anti lynching legislation as he seeks changes to bill CNN Retrieved June 7 2020 a b Sonmez Felicia March 8 2022 Senate unanimously passes anti lynching bill after century of failure The Washington Post Archived from the original on March 8 2022 Retrieved March 8 2022 Zaslav Ali Foran Clare March 2 2022 Rand Paul says he ll back Emmett Till Antilynching Act of 2022 after holding up previous bill CNN Retrieved February 21 2023 Flynn Meagan February 21 2020 A black lawmaker s anti lynching bill failed 120 years ago Now the House may finally act The Washington Post Archived from the original on March 20 2022 Retrieved March 20 2022 Ella Torres February 26 2022 Emmett Till bill making lynching a federal crime passes House ABC News Archived from the original on February 26 2020 Retrieved February 27 2020 Peter Granitz March 8 2022 Senate passes anti lynching bill NPR Archived from the original on March 18 2022 Retrieved March 14 2022 Jeffery A Jenkins and Justin Peck March 9 2022 Congress finally passed a federal anti lynching bill after 120 years of failure The Washington Post Archived from the original on March 9 2022 Retrieved March 20 2022 Text H R 55 117th Congress 2021 2022 Emmett till Antilynching Act March 8 2022 Senate passes Emmett till Antilynching Act of 2022 CNN March 8 2022 External links editEmmett Till Antilynching Act PDF details as amended in the GPO Statute Compilations collection Emmett Till Antilynching Act PDF details as enacted in the US Statutes at Large nbsp Wikimedia Commons has media related to Emmett Till Antilynching Act nbsp Wikisource has original text related to this article Emmett Till Antilynching Act Retrieved from https en wikipedia org w index php title Emmett Till Antilynching Act amp oldid 1185087610, wikipedia, wiki, book, books, library,

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