[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 224 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 224

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2011

     Ms. Klobuchar (for herself, Mrs. Hutchison, Mr. Kohl, and Mr. 
  Chambliss) 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 2011''.

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 another 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 another person; or
                    ``(B) engage in conduct that would be reasonably 
                expected to cause another person serious emotional 
                distress.
    ``(b) Course of Conduct.--It shall be unlawful for any person, with 
intent to kill, physically injure, harass, or intimidate another 
person, to engage in a course of conduct--
            ``(1) that uses the mail, any interactive computer service, 
        or any other facility of interstate or foreign commerce; and
            ``(2) that--
                    ``(A) causes or attempts to cause bodily injury or 
                significant emotional distress to another person; or
                    ``(B) occurs in circumstances where the conduct 
                would be reasonably expected to cause another person 
                significant 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.

    Section 529(a) of title 28, United States Code, is amended in the 
matter following paragraph (4) by inserting after ``such unit'' the 
following: ``and an evaluation of the efforts of the Federal Government 
and tribal, State, and local governments to enforce laws relating to 
stalking (including a description of those elements of the efforts that 
constitute the best practices for the enforcement of laws relating to 
stalking)''.
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