[Congressional Record Volume 142, Number 62 (Tuesday, May 7, 1996)]
[Senate]
[Pages S4804-S4805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself, Mr. Faircloth, Mr. Santorum, Mr. 
        D'Amato, Mr. Kyl, and Mr. Coverdell):
  S. 1729. A bill to amend title 18, United States Code, with respect 
to stalking; to the Committee on the Judiciary.


     the interstate stalking punishment and prevention act of 1996

  Mrs. HUTCHISON. Mr. President, I am introducing legislation today to 
strengthen the protections our society offers to stalking victims, 
those individuals whose stories we so often hear only after they end in 
tragedy.
  My bill would make it a felony for a stalker to cross State lines 
with the intention of injuring or harassing the victim. It would make 
it a felony to place a stalking victim in reasonable fear of death or 
serious bodily injury in violation of a protective order by such 
travel. And it extends that protection of law to members of a victim's 
immediate family as well.
  Freedom from fear is one of the most cherished advantages we are 
supposed to enjoy in our country, but stalking victims have been robbed 
of that freedom.
  Their victimization is made worse because currently, restraining 
orders against stalkers issued in one State cannot be enforced in 
another State. If the victim leaves the State--to work, to travel, to 
escape--they lose their protection. Many times victims are told to put 
some distance between themselves and their stalker, perhaps they are 
even counseled to move far away.
  Under such circumstances, stalking victims must go through the time-
consuming process of obtaining another restraining order in a different 
jurisdiction. We all know the wheels of justice grind slowly. Time is 
what many stalking victims don't have. In such situations, time is what 
determines whether they live or die.
  The legislation I am introducing today will give stalking victims 
that time they need. It will protect victims regardless of where they 
go. Victims will no longer be trapped in their own states in order to 
benefit from the shelter of law. In addition, this bill allows the 
resources of the FBI to be applied against interstate stalkers to 
prevent the intimidation of victims, or their coming to actual harm.
  Just as importantly, this legislation goes beyond last year's 
domestic violence legislation by expanding the definition of a stalking 
victim from offender's spouse or intimate partner to simply victim. 
Many people are stalked by someone other than a spouse or intimate 
partner, often someone they know only slightly or don't know at all. 
Common sense tells us they need protection as much as those stalked by 
a spouse or romantic partner. This provision alone would double the 
protection we now can provide stalking victims.
  Mr. President, I want to make it clear to my colleagues that we are 
not federalizing the crime of stalking. Stalking is and will remain a 
State crime, subject to State jurisdiction and

[[Page S4805]]

sanction. But under the bill I am proposing, if a stalker crosses State 
lines, then Federal resources can be brought to bear to ensure the 
stalker is caught and stopped, the same protection we provided last 
year for victims of domestic violence.
  The legislation also protects victims who live or work on Federal 
property: military bases, post offices, national parks, and other 
locations
  This bill sends an unmistakable message. Its penalty provisions are 
stiff. We will be putting predators on notice that if they are 
convicted of crossing State lines to stalk a victim, they risk: 5 years 
in prison; 10 years if their victim comes to serious harm or if a 
dangerous weapon is used; 20 years if stalking results in permanent 
disfigurement or life-threatening injury; or life in prison if their 
victim dies.
  Mr. President, this bill bridges the gap between law enforcement 
authorities in different States. It will allow us to stop stalkers who 
might otherwise duck under the net when they cross State lines, doing 
great damage to their victims.
  If our society is serious about stopping the intimidation and actual 
injury that result from stalking in countless communities every day, 
this law is long overdue.
                                 ______