[Congressional Record Volume 142, Number 62 (Tuesday, May 7, 1996)]
[House]
[Pages H4457-H4460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996
Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2980) to amend title 18, United States Code, with respect to
stalking, as amended.
The Clerk read as follows:
H.R. 2980
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 ``Interstate Stalking
Punishment and Prevention Act of 1996''.
SEC. 2. PUNISHMENT OF INTERSTATE STALKING.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 2261 the following:
``Sec. 2261A. Interstate stalking
``Whoever travels across a State line or within the special
maritime and territorial jurisdiction of the United States
with the intent to injure or harass another person, and in
the course of, or as a result of, such travel places that
person in reasonable fear of the death of, or serious bodily
injury (as defined in section 1365(g)(3) of this title) to,
that person or a member of that person's immediate family (as
defined in section 115 of this title) shall be punished as
provided in section 2261 of this title.''.
(b) Conforming Amendments.--
(1) Section 2261(b) of title 18, United States Code, is
amended by inserting ``or section 2261A'' after ``this
section''.
(2) Sections 2261(b) and 2262(b) of title 18, United States
Code, are each amended by striking ``offender's spouse or
intimate partner'' each place it appears and inserting
``victim''.
(3) The chapter heading for chapter 110A of title 18,
United States Code, is amended by inserting ``AND STALKING''
after ``VIOLENCE''.
(4) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking
``110A. Domestic violence....................................2261''....
and inserting:
``110A. Domestic violence and stalking......................2261''.....
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 110A of title 18, United States Code, is
amended by inserting after the item relating to section 2261
the following new item:
``2261A. Interstate stalking.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida [Mr. McCollum] and the gentleman from Michigan [Mr. Conyers]
will each be recognized for 20 minutes.
The Chair recognizes the gentleman from Florida [Mr. McCollum].
Mr. McCollum. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in the 1994 crime bill, Congress established a new
Federal offense aimed at stalkers of current or former spouses or
intimate partners. This offense did not address cases in which the
victim was unrelated to the stalker.
In H.R. 2980, the Interstate Stalking Punishment and Prevention Act
of 1986, this insufficiency is addressed. This bill establishes a new
Federal crime for crossing a State line or otherwise entering Federal
jurisdiction for the purpose of injuring or harassing another person
when such action places a person in reasonable fear of bodily harm.
This bill does not generally federalize the offense of stalking.
Rather, it ensures that this crime of stalking is given force and
effect in all areas clearly within the responsibility of the Federal
Government. The authorized penalties under this bill are the same as
those provided for in the current interstate domestic violence offense.
Once a stalker has selected a victim, the pursuit can be a full-time
occupation. In some cases victims have had to move to a new residence,
at times to a new State, to escape their tormentors, and even at times
moving to a new State does not give the relief that is sought. Mr.
Speaker, I would suggest
[[Page H4458]]
that the victim move out of State and the stalker often follows right
behind. This interstate stalking has made it increasingly difficult for
law enforcement officials to investigate and prosecute.
Well-publicized cases involving celebrities have served to highlight
the frightening dimensions of the crime. Jody Foster, David Letterman,
Troy Aikman, and Madonna are just a few examples of celebrities who
have been recently stalked and harassed by obsessed fans. In 1989
actress Rebecca Schaefer was murdered by a crazed fan who followed her
for 2 years.
Stalking is a frightening and cowardly crime. Victims often feel
trapped within their own homes. Family members and coworkers are often
threatened, and personal property is often damaged or destroyed.
Congress should do everything in its power to assist law enforcement in
the apprehension and conviction of these predators. I am especially
pleased to support this legislation, which has been crafted by the
gentleman from California [Mr. Royce].
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support this measure, which creates a new Federal
offense for interstate stalking. The provision is modeled after a
provision in the 1994 crime bill that created a Federal offense of
interstate travel to commit domestic violence. The bill here before us
covers travel across State lines or from or to Indian country with the
intent to injure or harass another person, where the defendant places
the subject in reasonable fear of death or bodily injury, or death or
bodily injury to a member of the subject's immediate family.
Mr. Speaker, some may argue that creating a new Federal law for
stalking is an overfederalization of crimes, but I disagree. The
problems of stalking, because of their interstate nature, transcend the
ability of State law enforcement agencies, obviously, to continue
working together without such a provision as H.R. 2980. Moreover, under
title 18 of the United States Code, there are provisions that make it a
crime to cross the State line with falsely made dentures, or with a
cow. Keeping that in mind, this is clearly not a radical expansion of
the law to make it a crime to cross State lines to harass or abuse
another person.
Mr. Speaker, this stalking offense is modeled on an existing
interstate domestic violence offense. It specifically covers traveling
across State lines, entering or leaving Indian country, with the intent
to injure or harass another person.
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I urge the support of the entire membership of the House in passing
H.R. 2980.
Mr. Speaker, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Speaker, I yield 5 minutes to the gentleman from
California [Mr. Royce], the author of this measure.
Mr. ROYCE. Mr. Speaker, my legislation that is here today, H.R. 2980,
does three things. First it makes crossing a State line to stalk
someone a felony and thus for the first time it defines in law, in
Federal law, the crime of stalking, and it brings certain penalties, 5
years for the crime of stalking, 10 years if a gun is used and so
forth.
Second, it makes crossing a State line in violation of a restraining
order a felony. And, third, it makes it a felony to stalk someone on
Federal property such as a post office or a military base or a national
park.
The bill is needed because in each of these cases the victim loses
the protection of their State laws. I was the author in 1990 of the
first State antistalking law in the country, in California. The
California legislature passed my bill after four women were killed in
the space of 6 weeks in Orange County, CA. Each woman, fearing for her
life, had sought police protection only to be told that there was
nothing that law enforcement could do until she was physically
attacked. One police officer told me at the time that the hardest thing
he ever had to do in his life was to tell that victim ``there is
nothing I can do until you're attacked'' and subsequently she was
killed.
The law was passed by the California legislature defines stalking as
an obsessive pattern of behavior and threats that would cause a
reasonable person to fear for their life or fear for great bodily harm.
Versions of that law have since been adopted in every State in the
Nation and here in the District of Columbia, and they have been very
useful in protecting stalking victims before they are attacked, before
they are injured.
The problem has been that when the victim leaves her State or when he
leaves his State, they lose their protection. State laws are not the
same and restraining orders obtained in one State may not be valid in
another. This bill addresses that problem by making it a felony to
cross a State line to stalk someone in violation of a restraining
order, and in addition it protects victims on Federal property.
Mr. Speaker, many stalking victims unfortunately have become
prisoners in their own State. They cannot leave the State for a
vacation or business or otherwise without exposing themselves to
danger. Ironically, many stalking victims are advised by someone from
Victim Witness or other groups that help stalkees, they are advised
typically, get away from your stalker, move away from your stalker. But
if they take that advice, ironically, they have now lost their
protection.
This bill would solve that problem. It gives stalking victims freedom
to travel, to lead normal lives and not subject themselves to fear of
injury or death.
Sitting in the gallery today is a woman who was stalked for 8 years.
Her stalker was finally sent to State prison when he attempted to
kidnap her, leading to an 11-hour police standoff. Her testimony before
the California legislature was instrumental in the passage of the
California antistalker law and subsequent stalker laws.
She left the State. But when the stalker was released from prison, he
jumped parole and he left the State and her nightmare began anew.
Fortunately the stalker was intercepted in another State, but others
may not be so fortunate. We need to pass this bill to give stalking
victims freedom to travel, to live without fear and to begin anew. I
urge the Members' ``aye'' vote.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to recount for the Members in the body the
criminal penalties that attach to this crime:
A person who violates this section, or section 2261A shall
be fined under this title, imprisoned--
(1) for life or any term of years, if the death of the
offender's spouse or other intimate partner results;
(2) for not more than 20 years if permanent disfigurement
or life threatening bodily injury to the offender's spouse or
intimate partner results;
(3) for not more than 10 years, if serious bodily injury to
the offender's spouse or intimate partner results or if the
offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A, without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the
United States or in a Federal prison; and,
(5) for not more than 5 years, in any other case, or both
fined and imprisoned.
These are very appropriate, they are stiff penalties, and I think
that they are appropriate for the kind of violence and stalking that
has plagued the country as exemplified by the examples that have been
recited here on the floor this afternoon.
Mr. Speaker, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Speaker, I yield 3 minutes to the gentleman from
Washington [Mr. Tate].
Mr. TATE. Mr. Speaker, today I rise in strong support of the
Interstate Stalking Punishment and Prevention Act of 1996. I would like
to congratulate the gentleman from California for his work both at the
State level and at the national level on this legislation, and the
Committee on the Judiciary for their leadership in bringing this
forward.
This bill will fill a gap in the existing law and offer increased
protection for those men and women who are the target of obsessive and
terrifying predators. This crime is a crime of terror. These predator
criminals pursue their victims like prey, stealthily and under cover.
Stalkers are known to relentlessly hunt down their victims, creating
emotional and physical terror in men and women who are their targets.
The stalker invades every aspect of the victim's life, watching every
movement, following every step. When a
[[Page H4459]]
woman tries to get away from a stalker, she prays it will end her long
ordeal. But the stalker has other ideas. He wants to continue to
terrorize and to control. So he decides to stalk. The stalker wants to
make sure that the victim never feels safe. No matter the woman's
efforts to end this, the stalker wants to make sure she never feels
free. He knows where she works, where her family lives and who her
friends are.
So the terrified woman flees to other States, sometimes fleeing
across-country, leaving her friends, her family and everyone she knows
just to get away from the threat of abuse. Then one day she walks out
of her new home in her new State and she sees him down the street
waiting for her, and she wonders if the nightmare will end.
Mr. Speaker, today is the time to say enough is enough. This
legislation is one more weapon in the war against violence. No longer
will we wait for this horrible tragedy to take place before taking
action. We must give women the tools they need now to be protected from
the reach of stalkers.
The Interstate Stalking Punishment and Prevention Act of 1996 will
punish those who repeatedly harass, follow, and threaten their victims
from State to State. It will send a strong message of zero tolerance to
those who terrorize. It is time for the criminals to live in fear, fear
of the swift hand of justice. It is time for the abusers to be pursued,
pursued by unwavering application of the law. And it is time for the
stalkers to have their freedom restricted, restricted by a cold, stark
prison cell.
Crime is a cancer that eats away at the fabric of our society. It is
high time for strong and potent medicine. I urge my colleagues to
support the Interstate Stalking Punishment and Prevention Act of 1996.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would bring to the attention of my colleagues that in
addition to adding stalking to domestic violence and attaching
penalties to it, this measure, in addition, makes interstate violation
of a protection order subject to the following penalties:
A person who violates an interstate protection order shall be fined
under this title and imprisoned for life or any term of years, if death
of the victim results.
Although this is current law, it is important to understand that it
is in fact related to violence and stalking, because frequently a
violation of a protection order might be involved.
So in addition to a life term if death results, there is also a 20-
year penalty if permanent disfigurement or life threatening bodily
injury results. There is a penalty of 10 years incarceration if serious
bodily injury to the victim results or if the offender uses a dangerous
weapon during the offense. And, as provided for the conduct under
chapter 109A if the offense would constitute an offense under chapter
109A, then it would be punishable for not more than 5 years, in any
other case, or both fine and imprisonment.
So we now have a complete criminal statutory provision that deals
with domestic violence, stalking, and violation of a protection order.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
I simply want to say in closing that this is a very significant piece
of legislation today. It is one of four crime bills that the
Subcommittee on Crime is presenting today, two under suspension of the
rules, and two that will be debated under open rules that will follow
this. All of these bills are designed in helping us with crimes against
the most vulnerable members of society, those who are children, those
who are elderly, those who are vulnerable in some other way.
We are seeing entirely too much violent crime in this country today.
The crime rate in this country is entirely unacceptable in the violent
crime area, and we need to put some deterrence into the law to get at
those people who are indeed committing these kinds of crimes. Sending
them a message, this bill sends a specific message, and helps us with
Federal law enforcement abilities in the area where somebody commits a
stalking crime across a State line.
The stalking crimes that have been described earlier today are among
the most heinous of all, when the victim may even try to escape and
move year after year after year. Somebody may come in and threaten them
in ways of violent bodily harm. In cases as we reported earlier,
murders have certainly occurred on more than one occasion, in fact on
unfortunately too many occasions as a result of a stalking case.
A little earlier today we passed--at least we passed it by voice
vote, we have yet to have a recorded vote on it--a bill that the
gentleman from New Jersey [Mr. Zimmer] offered dealing with the issue
that surrounds sexual predators, in an attempt to try to make sure that
communities are notified properly when those sexual predators are
indeed released from time that they may have served in prison, so that
people can take protective measures to defend themselves and their
families if this person moves into their community.
In a little while this afternoon, the two other measures we will be
having out here on the floor for general debate and amendments under an
open rule will be measures that are designed, first, to increase the
penalties under the sentencing guidelines for anybody who commits a
crime, a Federal crime against a child 14 years of age or younger or a
person 65 or older. That is the bill of the gentleman from Michigan
[Mr. Chrysler], and one which the gentleman from Pennsylvania [Mr. Fox]
has offered to steeply increase the punishment for somebody who tampers
with a Federal jury or who does any intimidation of Federal witnesses
in a Federal criminal proceeding.
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These are the type of laws we need to put on the books. It is a very
important day for us to present these crime measures out here in
sequential order. I think the one the gentleman from California [Mr.
Royce] has offered, the bill we are voting on today dealing with
stalkers, is a good one to discuss the fact we are presenting these
together today in sequential order.
Mr. Speaker, I certainly urge the passage of this bill on stalkers,
H.R. 2980, that the gentleman from California, [Mr. Royce] has
presented to us today.
Mr. KENNEDY of Massachusetts. Mr. Speaker, experts believe that each
year more than 200,000 women are stalked by their former boyfriends, or
complete strangers. In addition, about 400,000 protective orders are
issued by civil or family courts each year to prevent such violence.
Given available data, at least nine women die every day at the hands
of their stalkers.
Believing that this is tragically a growing trend that must be
stopped, I introduced legislation in the 103d Congress, the National
Stalker and Domestic Violence Reduction Act, that later became law with
the passage of the 1994 crime bill.
Among other provisions, this law has done much to give law
enforcement officials and civil/criminal courts the tools to enforce
civil protection orders by providing access to criminal history
information of the offender for use in domestic violence and stalking
cases.
This law also established a State grant program for data collection
on stalking and domestic violence crimes to be added to criminal
records in the national crime information databases. This data is used
to track offenders across State lines.
And while my legislation helps us track these people, the bill before
us today takes an important step in actually making some forms of
stalking a Federal offense. I rise in strong support of this
legislation and believe it should be on a fast track to President
Clinton's desk.
We have needed Federal legislation that criminalizes the dangerous
act of stalking for quite some time. In most States, stalking is an act
that is already punishable by law. A problem is created, however, when
these offenders follow their targets across State lines.
Passing this legislation today will create a beautiful marriage
between the ability to identify interstate stalkers from the national
crime information databases created in my 1994 legislation that became
law, and the ability to punish interstate stalkers as a Federal crime
under the legislation we are considering here today.
I urge my colleagues to stand with me today in support of women--
women all across this Nation that are at risk of becoming another
sorrowful stalking statistic. Please join me in voting to stop the
stalkers and to protect innocent women.
Mr. McCOLLUM. Mr. Speaker, I ask for an ``aye'' vote and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by
[[Page H4460]]
the gentleman from Florida [Mr. McCollum] that the House suspend the
rules and pass the bill, H.R. 2980, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________