[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3651 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3651

 To amend title 18, United States Code, with respect to the offense of 
                               stalking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2010

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, with respect to the offense of 
                               stalking.

    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 ``Stalkers Act of 2010''.

SEC. 2. STALKING.

    (a) In General.--Section 2261A of title 18, United States Code, is 
amended to read as follows:
``Sec. 2261A. Stalking
    ``(a) In General.--It shall be unlawful for any person, with the 
intent to kill, physically injure, harass, intimidate, or place under 
surveillance with the intent to kill, physically injure, harass, or 
intimidate a person, to--
            ``(1) travel in interstate or foreign commerce or within 
        the special maritime and territorial jurisdiction of the United 
        States, or enter or leave Indian country; and
            ``(2) in the course of, or as a result of, the travel, 
        entering, or leaving described in paragraph (1)--
                    ``(A) cause or attempt to cause bodily injury or 
                serious emotional distress to a person other than the 
                person engaging in the conduct; or
                    ``(B) engage in conduct that would be reasonably 
                expected to cause the other person serious emotional 
                distress.
    ``(b) Course of Conduct.--It shall be unlawful for any person, with 
intent to kill, physically injure, harass, or intimidate a person, to 
engage in a course of conduct--
            ``(1) that is in or substantially affecting interstate or 
        foreign commerce; and
            ``(2) that--
                    ``(A) causes or attempts to cause bodily injury or 
                serious emotional distress to a person other than the 
                person engaging in the conduct; or
                    ``(B) occurs in circumstances where the conduct 
                would be reasonably expected to cause the other person 
                serious emotional distress.
    ``(c) Penalties.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person who violates subsection (a) or (b) shall be punished as 
        provided for an offense under section 2261.
            ``(2) Exception.--The otherwise applicable maximum term of 
        imprisonment for a violation of subsection (a) or (b) shall be 
        increased by 5 years if--
                    ``(A) the offense involves conduct in violation of 
                a protection order; and
                    ``(B) the victim of the offense is under the age of 
                18 years or over the age of 65 years, the offender has 
                reached the age of 18 years, and the offender knew or 
                should have known that the victim was under the age of 
                18 years or over the age of 65 years.''.
    (b) Clerical Amendment.--The item relating to section 2261A in the 
table of sections for chapter 110A of title 18, United States Code, is 
amended to read as follows:

``2261A. Stalking.''.

SEC. 3. BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING LAWS TO 
              BE INCLUDED IN ANNUAL REPORT OF THE ATTORNEY GENERAL.

    In the annual report under section 529 of title 28, United States 
Code, the Attorney General shall--
            (1) include an evaluation of Federal, tribal, State, and 
        local efforts to enforce laws relating to stalking; and
            (2) identify and describe those elements of the efforts 
        that constitute the best practices for the enforcement of laws 
        relating to stalking.
                                 <all>