Emmett Till Antilynching Act

Emmett Till Antilynching Act
Great Seal of the United States
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. 117–107 (text) (PDF)
Statutes at Large136 Stat. 1125
Codification
U.S.C. sections amended18 U.S.C. § 249
Legislative history
Then-Senator Kamala Harris debates in support of the Emmett Till Antilynching Act on June 5, 2020.

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]

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

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Main 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

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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

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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

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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

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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

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References

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  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. Archived from the original on March 30, 2022. 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. Archived from the original on November 6, 2023. Retrieved October 21, 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
  3. ^ "All Actions: H.R.55 — 117th Congress (2021–2022)". Archived from the original on April 1, 2021. Retrieved March 9, 2021.
  4. ^ "The Senate has passed a bill making lynching a federal crime". Politico. Archived from the original on March 8, 2022. Retrieved March 8, 2022.
  5. ^ Logan, Erin B. (July 5, 2018) "Why Congress failed nearly 200 times to make lynching a federal crime" Archived January 22, 2022, at the Wayback Machine, The Washington Post.
  6. ^ a b "H.R.35 – Emmett Till Antilynching Act". Congress.gov. Library of Congress. February 27, 2020. Archived from the original on June 5, 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. Archived from the original on June 5, 2020. 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. Archived from the original on June 6, 2020. Retrieved June 7, 2020.
  9. ^ 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.
  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. Archived from the original on February 21, 2023. Retrieved February 21, 2023.
  11. ^ 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.
  12. ^ 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.
  13. ^ Peter Granitz (March 8, 2022). "Senate passes anti-lynching bill". NPR. Archived from the original on March 18, 2022. Retrieved March 14, 2022.
  14. ^ 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.
  15. ^ "Text – H.R.55 – 117th Congress (2021–2022): Emmett till Antilynching Act". March 8, 2022. Archived from the original on March 8, 2022. Retrieved March 8, 2022.
  16. ^ "Senate passes Emmett till Antilynching Act of 2022". CNN. March 8, 2022. Archived from the original on March 8, 2022. Retrieved March 8, 2022.
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