A summary of the bill says that it “imposes criminal penalties—a fine, a prison term of up to 30 years, or both—on an individual who conspires to commit a hate crime offense that results in death or serious bodily injury or that includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.”
As there are already laws for kidnapping, sexual abuse, and murder and federal hate crime statutes, the need for this legislation is questionable.
It could be for revenue generation due to the fines included, but the Congressional Budget Office reviewed the bill and found that any revenue “would not be significant because few additional cases would probably be affected.”
Without a substantial reason for additional legislation covering already codified law, it appears to be little more than virtue-signaling ahead of the 2022 midterm elections in which Democrats expect wide losses.
Full Text of H.R. 55 – Emmett Till Antilynching Act
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 55 Enrolled Bill (ENR)]
H.R.55
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
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. LYNCHING; OTHER CONSPIRACIES.
Section 249(a) of title 18, United States Code, is amended by
adding at the end the following:
``(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.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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