II 112th CONGRESS 1st Session S. 224 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.

1.

Short title

This Act may be cited as the Stalkers Act of 2011.

2.

Stalking

(a)

In general

Section 2261A of title 18, United States Code, is amended to read as follows:

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. .

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).