By Brandon Patterson

The Senate passed a bi-partisan bill criminalizing lynching at the federal level this week, sending the bill to President Biden’s desk after the House approved the bill in January. The Emmett Till Anti-Lynching Act, named for the 14-year-old Chicago boy whose brutal murder in Mississippi in 1955 helped catalyze the Civil Rights Movement, allows a crime to be prosecuted as a lynching if a victim is killed or injured as the result of a hate crime with a sentence of up to 30 years in prison. The Senate passed the bill unanimously, though three Republican members of the House — from Georgia, Kentucky, and Texas —voted against it.

The bill’s passage by Congress marks the end of hundreds of failed attempts to pass anti-lynching legislation over more than a century. Congress failed to pass such legislation more than 200 times over the last 122 years, according to USA Today.

The first piece of anti-lynching legislation was introduced by Rep. George Henry White in 1900. White, who represented North Carolina, was the House’s only Black lawmaker at the time. Democrat Sen. Cory Booker and Republican Senator Tim Scott, both of whom are Black, introduced the legislation together this time around.

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“Although no legislation will reverse the pain and fear felt by those victims, their loved ones, and Black communities, this legislation is a necessary step America must take to heal from the racialized violence that has permeated its history,” Booker said in a statement on March 7.

Rep. Bobby Rush, who represents part of Chicago, where Till lived before he was murdered, said the bill “sends a clear and emphatic message that our nation will no longer ignore this shameful chapter of our history and that the full force of the U.S. federal government will always be brought to bear against those who commit this heinous act.”

Under the new legislation, the 2020 case of Ahmaud Arbury, whose killers were convicted of murder and on federal hate crime charges earlier this year, would likely qualify for prosecution as lynching.

Till, for whom the bill is named, was killed in Money, Miss., in 1955 after being falsely accused of whistling at a white woman. Till was on a trip that summer to visit his mother’s family. Although there was ample evidence and several witnesses, the all-white jury ruled that the men accused in Till’s death were not guilty.

This story was written using reporting from USA Today and CNN, research from the Equal Justice Initiative, and statements released by the offices of Sen. Corey Booker and Rep. Bobby Rush.

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