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H.R.2959 / 105th Congress

Bias Crimes Compensation Act of 1997

Referred to the Subcommittee on the Constitution.

Official summary

Version 00 · Introduced in House · Nov 8, 1997

Bias Crimes Compensation Act of 1997 - Declares that all individuals within the United States, and its special maritime and territorial jurisdiction, shall have the right to be free from bias-motivated crimes of violence. Makes any person, including one who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of such right, liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. Specifies that nothing in this Act: (1) entitles an individual to a claim herein for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias-motivated crimes of violence; and (2) requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of such a claim. Grants the Federal and State courts concurrent jurisdiction over actions brought under this Act. Prohibits a civil action in State court arising under this Act from being removed to U.S. district court. Authorizes the court to award attorney's fees to the prevailing party in cases brought under this Act, subject to specified limitations.

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Who introduced it

Rep. Nadler, Jerrold [D-NY-8] · D–NY

Committees

  • Judiciary Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Referred to the Subcommittee on the Constitution.

    2. Referred to the House Committee on the Judiciary.

    3. Introduced in House

    4. Introduced in House

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