[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2094 Introduced in House (IH)]

  1st Session
                                H. R. 2094

To amend section 1864 of title 18, United States Code, relating to tree 
        spiking, to add avoidance costs as a punishable result.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 1995

Mrs. Chenoweth introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 1864 of title 18, United States Code, relating to tree 
        spiking, to add avoidance costs as a punishable result.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FEDERAL TREE SPIKING AND AVOIDANCE COSTS.

    Section 1864 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``twenty'' and 
                inserting ``40'';
                    (B) in paragraph (3), by striking ``ten'' and 
                inserting ``20'';
                    (C) in paragraph (4), by striking ``if damage 
                exceeding $10,000 to the property of any individual 
                results,'' and inserting ``if damage to the property of 
                any individual results or if avoidance costs have been 
                incurred exceeding $10,000, in the aggregate,''; and
                    (D) in paragraph (4), by striking ``ten'' and 
                inserting ``20'';
            (2) in subsection (c) by striking ``ten'' and inserting 
        ``20'';
            (3) in subsection (d), by--
                    (A) striking ``and'' at the end of paragraph (2);
                    (B) striking the period at the end of paragraph (3) 
                and inserting ``; and''; and
                    (C) adding at the end the following:
            ``(4) the term `avoidance costs' means costs incurred by 
        any individual for the purpose of--
                    ``(A) detecting a hazardous or injurious device; or
                    ``(B) preventing death, serious bodily injury, 
                bodily injury, or property damage likely to result from 
                the use of a hazardous or injurious device in violation 
                of subsection (a).''; and
            (4) by adding at the end thereof the following:
    ``(e) Any person injured as the result of a violation of subsection 
(a) may commence a civil action on his own behalf against any person 
who is alleged to be in violation of subsection (a). The district 
courts shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, in such civil actions. 
The court may award, in addition to monetary damages for any injury 
resulting from an alleged violation of subsection (a), costs of 
litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party, whenever the court 
determines such award is appropriate.''.

SEC. 2. REIMBURSEMENT OF LOCAL AUTHORITIES.

    Not later than thirty days after a local authority incurs any costs 
as a result of that authority's participation or cooperation in the 
investigation or prosecution of any offense under section 1864 of title 
18, United States Code the Attorney General shall reimburse such 
authority in full.
                                 <all>