Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 or the Jabara-Heyer NO HATE Act of 2021 This bill creates grants for state and local governments to combat hate crimes. It also authorizes additional penalties for hate crime offenses. Specifically, it establishes grants for states to create state-run hate crimes reporting hotlines. It also authorizes grants for states and local governments to implement the National Incident-Based Reporting System and to conduct law enforcement activities or crime reduction programs to prevent, address, or respond to hate crimes. Finally, in the case of an individual convicted of a hate crime offense and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service as a condition of supervised release.
Stop Hate Crimes Act of 2021 This bill lowers the statutory burden of proof for showing intent with respect to a federal hate crime offense. Current law makes it unlawful to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the actual or perceived protected characteristic (e.g., race) of a person. In 2014, the U.S. Court of Appeals for the Sixth Circuit held that the because of standard requires proof that a person's actual or perceived protected characteristic was the sole motivating factor in the offense. This bill replaces the because of standard with a new standard. Specifically, willfully causing bodily injury, or attempting to do so using a dangerous weapon, is a hate crime offense if a person's actual or perceived protected characteristic was a contributory motivating factor in the offense.
Community-Based Sentencing Alternatives for Caretakers Act of 2021 This bill requires sentencing courts to consider a community-based alternative sentence in the case of certain individuals who are caretakers (e.g., parents). Current law sets forth seven factors that sentencing courts must consider when imposing a sentence. This bill establishes a new, eighth factor that courts must consider when imposing a sentence on a caretaker for a nonviolent offense. Specifically, courts must consider a community-based alternative sentence, which is a sentence that may require the defendant to complete or participate in community-based programming, counseling, or treatment.
This bill expands statutory authority for federal prisoners to be temporarily released on furlough or granted compassionate release during a public health emergency. First, the bill authorizes the temporary release of prisoners in the event of a public health emergency if there is a substantial, imminent health risk to the prisoner, other prisoners, or employees of the Bureau of Prisons (BOP). The bill also authorizes courts, in addition to the BOP, to grant temporary release. Second, the bill establishes new procedures for compassionate release requests during public health emergencies. Specifically, the bill requires the BOP to promptly release a defendant's medical records and requires the court to expedite rulings on compassionate release motions.
Camp Lejeune Justice Act of 2021 This bill allows certain individuals to sue and recover damages for harm from exposure to contaminated water at Camp Lejeune in North Carolina between August 1, 1953, and December 31, 1987. This action is available only to individuals who were exposed to contaminated water for at least 30 days. The bill prohibits the U.S. government from asserting specified immunity from litigation in response to such a lawsuit. The bill also prohibits an individual who brings such an action from bringing a separate tort action against the United States based on the same harm.
Dignity for Detained Immigrants Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding aliens in its custody, phases out using non-DHS facilities for such purposes, and contains other related provisions. The standards shall comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) shall conduct periodic unannounced inspections of each facility and shall take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS shall report to Congress any death of an alien in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS is prohibited from entering into contracts for third parties to operate detention facilities or alternatives to detention programs and shall terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS shall maintain certain information relating to detained aliens, including the alien's location and whether the alien was separated from family. The bill provides for various requirements and procedures related to detaining aliens, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that an alien should be released, and (3) establishing that aliens in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.
Justice for Servicemembars [ sic ] Act This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of a dispute related to the employment or reemployment rights of a uniformed service member.
Equal Access to Abortion Coverage in Health Insurance Act of 2021 or the EACH Act of 2021 This bill requires federal health care programs to provide coverage for abortion services and requires federal facilities to provide access to those services. The bill also permits qualified health plans to use funds attributable to premium tax credits and reduced cost sharing assistance to pay for abortion services.
Closing the Law Enforcement Consent Loophole Act of 2021 This bill establishes a framework to prohibit law enforcement officers at the federal, state, and local levels from engaging in sexual acts with individuals who are in custody. At the federal level, the bill makes it unlawful for a federal law enforcement officer who is acting under color of law to engage in a sexual act with an individual who is under arrest, in detention, or in custody. Consent is not a defense to prosecution for unlawful conduct. A violator is subject to criminal penalties—a fine, a prison term of up to 15 years, or both. At the state and local level, the bill conditions eligibility for funds under the Community Oriented Policing Services program on the enactment of a similar law.
Stop shielding Assets from Corporate Known Liability by Eliminating non-debtor Releases Act or the SACKLER Act This bill prohibits a bankruptcy court from releasing claims against non-debtors brought by states, tribes, municipalities, or the federal government. However, the bankruptcy court may issue a stay not exceeding 90 days regarding such a claim. Complex bankruptcies may involve creditor claims against non-debtors associated with the debtor, such as the debtor's officers, directors, or employees. Currently, in carrying out a bankruptcy plan, certain courts may release non-debtors from liability (there is a circuit split regarding this practice).
Help Extract Animals from Red Tape Act of 2021 or the HEART Act of 2021 This bill modifies notice requirements in a civil forfeiture proceeding that involves the seizure of an animal involved in animal fighting. Specifically, the government must notify interested parties of an animal's seizure within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, any increased risk that a delay could necessitate the euthanasia of the animal, and any psychological harm incurred by the animal's owner due to the delay in disposition. Additionally, the bill authorizes amounts in the Department of Justice Assets Forfeiture Fund to be used to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.
Medication Access and Training Expansion Act of 2021 or the MATE Act of 2021 This bill requires health care providers, as a condition of receiving or renewing a registration to prescribe potentially addictive drugs, to complete a one-time training on managing patients with substance use disorders. In addition, the Department of Health and Human Services must award grants to health professional associations and education programs for integrating substance use disorder training into relevant curricula.
