[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.

                              {time}  1615

  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.

                              {time}  1630

  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.

                          ____________________