Hate Crimes Bill Adding Protections for People with Disabilities Signed into Law by President Obama

On Wednesday, October 28, 2009, President Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (S. 909/H.R. 1913). This important legislation expands the power of the Department of Justice (DOJ) to prosecute crimes committed because of bias on the basis of real or perceived disabilities.

“Historically, people with epilepsy and other disabilities have been seen as dependent and hidden from society either in institutions or at home. Today, isolation is giving way to broad inclusion of all people with disabilities—including those with epilepsy—in all aspects of society. Unfortunately, prejudice against those who are perceived to be different continues today, which  sometimes tragically takes the form of violence against people with physical or cognitive conditions,” said Epilepsy Foundation President and CEO Eric Hargis. “Now the federal and state law enforcement agencies across the country will have greatly expanded power and resources to investigate and prosecute these bias-motivated crimes and bring justice to people with disabilities and their families.”

The Act provides the DOJ with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable to act, by taking the lead in investigations and prosecutions of bias-motivated, violent crimes resulting in death or serious bodily injury. The Act also makes grants available to state and local communities to combat violent crimes committed by juveniles and train law enforcement officers. Additionally it allows the DOJ to assist in state and local investigations and prosecutions of bias-motivated crimes.

The new Hate Crimes protections will cover violent crimes perpetrated because of the victim’s gender, race, color, religion, national origin, gender identity, sexual orientation or disability.   

The Epilepsy Foundation has been working with the Consortium for Citizens with Disabilities and a broad community of civil rights supporters to pass this important legislation that was first introduced in 1998. Sandy Finucane, the Foundation’s Vice President for Legal and Government Affairs and a Co-Chair of the Consortium for Citizens with Disabilities Rights Task Force, attended the White House signing