
The Justice for Victims of Lynching Act of 2018 was a proposed bill to classify
lynching
Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged or convicted transgressor or to intimidate others. It can also be an extreme form of i ...
(defined as bodily injury on the basis of perceived race, color, religion or nationality) a federal
hate crime
Hate crime (also known as bias crime) in criminal law involves a standard offence (such as an assault, murder) with an added element of bias against a victim (individual or group of individuals) because of their physical appearance or perceived ...
in the United States. The largely symbolic bill aimed to recognize and apologize for historical governmental failures to prevent
lynching in the country.
The act was introduced in the
U.S. Senate in June 2018 by the
body's three Black members from both parties:
Kamala Harris
Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who served as the 49th vice president of the United States from 2021 to 2025 under President Joe Biden. She is the first female, first African American, and ...
,
Cory Booker
Cory Anthony Booker (born April 27, 1969) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New Jersey, a seat he has held since 2013. A member of the Democ ...
, and
Tim Scott
Timothy Eugene Scott (born September 19, 1965) is an American businessman and politician serving since 2013 as the Seniority in the United States Senate, junior United States Senate, United States senator from South Carolina. A member of the Re ...
. The legislation passed the Senate unanimously on December 19, 2018. The bill died because it was not passed by the House before the 115th Congress ended on January 3, 2019.
Aftermath
On February 26, 2020, the
Emmett Till Antilynching Act, a revised version of the Justice for Victims of Lynching Act, passed the House of Representatives, by a vote of 410–4.
Sen. Rand Paul of Kentucky has held the bill from passage by unanimous consent in the Senate, out of concern that a convicted criminal could face "a new 10-year penalty for... minor bruising." Paul requested expedited passage of an amended version of the bill which would require "an attempt to do bodily harm" for an act to be considered lynching, noting that lynching is already illegal under Federal Law. House Majority Leader
Steny Hoyer
Steny Hamilton Hoyer ( ; born June 14, 1939) is an American politician and retired attorney who has served as the United States House of Representatives, U.S. representative for since 1981. He also served as House Majority Leader from 2007 to 20 ...
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." Senator
Kamala Harris
Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who served as the 49th vice president of the United States from 2021 to 2025 under President Joe Biden. She is the first female, first African American, and ...
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.
A revised version of the bill that includes a serious bodily injury standard was introduced in the
117th Congress.
It was passed by the House on February 28, 2022, and by the Senate on March 7, 2022.
The bill was signed into law by President
Joe Biden
Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
on March 29, 2022.
References
{{Kamala Harris
Proposed legislation of the 115th United States Congress
Lynching in the United States
Kamala Harris
Anti-lynching movement