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| Long title | To amend section 249 oftitle 18, United States Code, to specifylynching as ahate crime act. |
|---|---|
| Enacted by | the117th United States Congress |
| Effective | March 29, 2022 |
| Citations | |
| Public law | Pub. L. 117–107 (text)(PDF) |
| Statutes at Large | 136 Stat. 1125 |
| Codification | |
| Titles amended | Title 18—Crimes and Criminal Procedure |
| U.S.C. sections amended | 18 U.S.C. § 249 |
| Legislative history | |
| |
TheEmmett Till Antilynching Act is a United States federal law which defineslynching as a federalhate crime, increasing the maximum penalty to 30 years imprisonment for several hate crime offences.[1][2]
It was passed by theU.S. House of Representatives on February 28, 2022, andU.S. Senate on March 7, 2022, and signed into law on March 29, 2022, by PresidentJoe Biden.[3]
The bill was named after 14-year-oldEmmett 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 onelegislative chamber include theDyer Anti-Lynching Bill, theCostigan-Wagner Bill and theJustice for Victims of Lynching Act.
RepresentativeBobby Rush introduced abill,H.R. 35, on January 3, 2019, at the beginning of the116th United States Congress.
The bill was reported out of theHouse Judiciary Committee on October 31, 2019, and was passed by the House, 410–4, on February 26, 2020.[6]
During June 2020, whileprotests and civil unrest over themurder of George Floyd were occurring nationwide, the bill was considered by the Senate. SenatorRand Paul prevented the bill from being passed byunanimous 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 LeaderSteny Hoyer criticized Rand Paul's position, saying onTwitter that "it is shameful that one GOP Senator is standing in the way of seeing this bill become law." Then-senatorKamala 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]
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The bill was reintroduced by Rush asH.R. 55 for the117th 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 RepublicansAndrew Clyde,Thomas Massie, andChip Roy voting against. The bill was introduced to the Senate by SenatorCory Booker and cosponsored by Senators Paul,Tim Scott, andRaphael Warnock, among others.[10] They passed the bill throughunanimous consent on March 7, 2022.[11][12][9][13][14]Senate Majority LeaderChuck 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 PresidentJoe Biden on March 29, 2022.[1]
The act amends section 249(a) ofTitle 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.
| 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 SenatorRand 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] |
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