[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 239 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 239

 To amend section 1951 of title 18, United States Code (commonly known 
               as the Hobbs Act), and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

 Mr. Wilson of South Carolina introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 1951 of title 18, United States Code (commonly known 
               as the Hobbs Act), and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Union Violence Act of 
2005''.

SEC. 2. INTERFERENCE WITH COMMERCE BY THREATS OR VIOLENCE.

    Section 1951 of title 18, United States Code, is amended to read as 
follows:
``Sec. 1951. Interference with commerce by threats or violence
    ``(a) Prohibition.--Except as provided in subsection (c), whoever 
in any way or degree obstructs, delays, or affects commerce or the 
movement of any article or commodity in commerce, by robbery or 
extortion, or attempts or conspires so to do, or commits or threatens 
physical violence to any person or property in furtherance of a plan or 
purpose to do anything in violation of this section, shall be fined not 
more than $100,000, imprisoned for a term of not more than 20 years, or 
both.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `commerce' means any--
                    ``(A) commerce within the District of Columbia, or 
                any territory or possession of the United States;
                    ``(B) commerce between any point in a State, 
                territory, possession, or the District of Columbia and 
                any point outside thereof;
                    ``(C) commerce between points within the same State 
                through any place outside that State; and
                    ``(D) other commerce over which the United States 
                has jurisdiction;
            ``(2) the term `extortion' means the obtaining of property 
        from any person, with the consent of that person, if that 
        consent is induced--
                    ``(A) by actual or threatened use of force or 
                violence, or fear thereof;
                    ``(B) by wrongful use of fear not involving force 
                or violence; or
                    ``(C) under color of official right;
            ``(3) the term `labor dispute' has the same meaning as in 
        section 2(9) of the National Labor Relations Act (29 U.S.C. 
        152(9)); and
            ``(4) the term `robbery' means the unlawful taking or 
        obtaining of personal property from the person or in the 
        presence of another, against his or her will, by means of 
        actual or threatened force or violence, or fear of injury, 
        immediate or future--
                    ``(A) to his or her person or property, or property 
                in his or her custody or possession; or
                    ``(B) to the person or property of a relative or 
                member of his or her family, or of anyone in his or her 
                company at the time of the taking or obtaining.
    ``(c) Exempted Conduct.--
            ``(1) In general.--Subsection (a) does not apply to any 
        conduct that--
                    ``(A) is incidental to otherwise peaceful picketing 
                during the course of a labor dispute;
                    ``(B) consists solely of minor bodily injury, or 
                minor damage to property, or threat or fear of such 
                minor injury or damage; and
                    ``(C) is not part of a pattern of violent conduct 
                or of coordinated violent activity.
            ``(2) State and local jurisdiction.--Any violation of this 
        section that involves any conduct described in paragraph (1) 
        shall be subject to prosecution only by the appropriate State 
        and local authorities.
    ``(d) Effect on Other Law.--Nothing in this section shall be 
construed--
            ``(1) to repeal, amend, or otherwise affect--
                    ``(A) section 6 of the Clayton Act (15 U.S.C. 17);
                    ``(B) section 20 of the Clayton Act (29 U.S.C. 52);
                    ``(C) any provision of the Norris-LaGuardia Act (29 
                U.S.C. 101 et seq.);
                    ``(D) any provision of the National Labor Relations 
                Act (29 U.S.C. 151 et seq.); or
                    ``(E) any provision of the Railway Labor Act (45 
                U.S.C. 151 et seq.); or
            ``(2) to preclude Federal jurisdiction over any violation 
        of this section, on the basis that the conduct at issue--
                    ``(A) is also a violation of State or local law; or
                    ``(B) occurred during the course of a labor dispute 
                or in pursuit of a legitimate business or labor 
                objective.''.
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