[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8829-S8830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 421, H.R. 2980.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2980) to amend title 18, United States Code,
with respect to stalking.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. LOTT. I ask unanimous consent that an amendment which is at the
desk be immediately agreed to, the bill be advanced to third reading
and passed, the motion to reconsider be laid upon the table, and that
any statements relating to the bill appear at the appropriate place in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5083) was agreed to, as follows:
At the appropriate place, insert the following:
SEC. . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC
VIOLENCE.
(a) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following new
paragraph:
``(33) The term `crime involving domestic violence' means a
felony or misdemeanor crime of violence, regardless of
length, term, or manner of punishment, committed by a
[[Page S8830]]
current or former spouse, parent, or guardian of the victim,
by a person with whom the victim shares a child in common, by
a person who is cohabiting with or has cohabited with the
victim as a spouse, parent, or guardian, or by a person
similarly situated to a spouse, parent, or guardian of the
victim under the dometic or family violence law of the
jurisdiction in which such felony or misdemeanor was
committed.''.
(b) Unlawful Acts.--Section 922 of title 18, United Stats
Code, is amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(C) by inserting after paragraph (8) the following new
paragraph:
``(9) has been convicted in any court of any crime
involving domestic violence where the individual has been
represented by counsel or knowingly and intelligently waived
the right to counsel'';
(2) in subsection (g)--
(A) by striking ``or'' at the end of paragraph (7);
(B) in paragraph (8), by striking the comma and inserting
``; or''; and
(C) by inserting after paragraph (8) the following new
paragraph:
``(9) has been convicted in any court of any crime
involving domestic violence where the individual has been
repesented by counsel or knowingly and intelligently waived
the right to counsel, ''; and
(3) in subsection (s)(3)(B)(i), by inserting before the
semicolon the following: ``and has not been convicted in any
court of any crime involving domestic violence where the
individual has been represented by counsel or knowingly and
intelligently wavied the right to counsel''.
(c) Rules and regulations.--Section 926(a) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and'; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) regulations providing for the effective recept and
secure storage of firearms relinquished by or seized from
persons desscribed in subsection (d)(9) or (g)(9) of section
922.''.
The bill (H.R. 2980) was ordered to be engrossed for a third reading,
read the third time and passed.
Mr. LOTT. Mr. President, I do want to note that this is to amend
title 18 of the U.S. Code with regard to stalking, with an amendment by
Senator Lautenberg. I want to recognize the great work and the
determined effort by Senator Hutchison in getting this legislation
through. It is something certainly we should support, and we obviously
do, and also there has been cooperation by Senator Hutchison and
Senator Craig and Senator Lautenberg to get this language worked out.
Mr. DASCHLE. Mr. President, let me just briefly commend the
distinguished Senator from New Jersey for his hard work on this issue
and for his patience and his cooperation in bringing it to this point.
I also wish to thank Senator Craig for working with us all day long
in an effort to find a way to resolve the outstanding language
differences, and I am very grateful to them as well.
Mr. LAUTENBERG addressed the Chair.
The PRESIDING OFFICER. The majority leader.
Mr. LOTT. Mr. President, I would be glad to defer to Senator
Lautenberg.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. LAUTENBERG. I thank the Chair.
I rise to express my appreciation for the hard work that has gone
into resolving the problem that we had. There was an attempt, a serious
attempt to work it out, and at times it looked like we just could not
come together. But through the persistence of the leaders, the help of
Senator Craig and the agreement with Senator Hutchison, we were able to
do this.
It is an important piece of legislation. I will take time later on to
talk about it, but I want to express my thanks to all of those who
enabled this piece of legislation to go through. It is going to be very
meaningful to women and families across this country. Two million cases
of violence are reported within households each and every year, and
this will take the murder away from substantial numbers of them.
Again, I express my appreciation for the opportunity to get this bill
passed.
Mr. LOTT. I would be happy to yield to the distinguished Senator from
Texas, who moved this legislation, the idea of getting some Federal
ability to deal with stalkers across State lines. It is an issue that
obviously affects women and children to the greatest degree in this
country. She has shown real compassion and a determination to get it
done, and I commend her for her efforts. I am pleased we have been able
to get it worked out tonight.
I would be glad to yield for her comments on it.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mrs. HUTCHISON. I thank the Chair.
I thank the distinguished majority leader and the minority leader for
helping us work this out. This is a bill that has been pending since
Memorial Day to try to get all of the equipment and the resources of
the FBI to go against the vicious people in this country who would
harass and threaten women and children and would cross State lines to
do it.
In the old days, we did not even have stalking bills because people
did not know what the crime was, so people would be threatened and
harassed and there was no way to prosecute these vicious actors. But
now we do have stalking bills in almost every State, and this will
allow us to look them up, and if someone crosses State lines breaking a
State law, we will be able to apprehend them. I hope we will be able to
prevent the harm and even murders of women and children in this
country.
Senator Lautenberg is to be commended for working with us to make his
amendment a good amendment, and it is a good amendment, and I applaud
him for it. I think it adds to the bill. He was willing to work with
us, and I think we now have a very strong bill. Because of Senator
Lautenberg's amendment, we are also going to be able to keep people who
batter their wives or people with whom they live from having handguns.
So I think it is going to be a great bill that will give the women and
children of this country some protection that they do not now have, and
I am very pleased to be supportive of this compromise.
I thank the Chair.
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