[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1059 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1059

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 21 (legislative day, July 10), 1995

   Mr. Craig 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.''.
                                 <all>