123STA T . 2 84 1 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(b)TECHNI C AL AN DCO N F O RM IN GA MENDMEN T.— T heta b l e ofs e c t i o n sfo r cha p ter 13 of title 1 8,U nite dS tates Code, is a m ended b y addin g at the end the follo w ing
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‘ 249.Hatecrim e act s . ’ ’. SEC.4708 .S TA T I STICS. (a) I N G ENERAL.—S u bsection (b)(1) of the first section of the H ate Crime Statistics Act ( 2 8 U.S.C. 5 3 4 note) is amended by inserting ‘ ‘gender and gender identity, ’ ’ after ‘‘race,’’. (b) D ATA.—Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting ‘‘, including data about crimes committed by, and crimes directed against, j u v eniles’’ after ‘‘data ac q uired under this section’’. SEC. 470 9 .SE V E R A B I L IT Y . If any provision of this division, an amendment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 47 1 0.R U LE OF CO N STRUCTION. F or purposes of construing this division and the amendments made by this division the following shall apply: (1) IN GENERAL.— N othing in this division shall be con - strued to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group member- ship, or e x pressive conduct unless that evidence is relevant and admissible under the Federal R ules of E vidence. Nothing in this division is intended to affect the existing rules of evi- dence. (2) V IOLENT ACT S .—This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of a victim. (3) CONSTR U CTION AND A P PLICATION.—Nothing in this divi- sion, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substan- tially burdens a person’s exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, or association, unless the Government dem- onstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling govern- mental interest, if such exercise of religion, speech, expression, or association was not intended to— (A) plan or prepare for an act of physical violence
or ( B ) incite an imminent act of physical violence against another. Ap p licab ili ty.18USC249no t e . 18 USC 249 note.
