To provide a civil claim for individuals who are victims of crimes motivated by actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability.
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.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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