[Congressional Record Volume 142, Number 114 (Tuesday, July 30, 1996)]
[Senate]
[Pages S9160-S9161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE:
  S. 2002. A bill to amend title 18, United States Code, to prohibit 
taking a child hostage in order to evade arrest; to the Committee on 
the Judiciary.

[[Page S9161]]

                           crime legislation

 Ms. SNOWE. Mr. President, over the past few years, America has 
witnessed an unfortunate trend involving standoffs between the U.S. 
Government and parties who reject its authority to enforce the laws of 
this land--specifically, the incidents in Waco, TX; Ruby Ridge, ID; and 
Garfield County, MT. Thankfully, the most recent episode involving the 
Freemen did not escalate to violence or bloodshed. Regrettably, this 
does not hold true for Waco or Ruby Ridge, where there was a tragic 
loss of life to civilians and Government agents alike.

  Each of these situations jeopardized children's lives--innocent 
children who had no choice in the role they played in these standoffs. 
In Waco, 25 young children under the age of 15 died in the blaze that 
spread throughout the compound. These deaths occurred despite the 
repeated efforts by Federal agents to encourage Branch Davidians 
leaders to allow children to leave the compound.
  At Ruby Ridge, a 14-year-old died after being caught in gunfire. And 
during the Freemen standoff, Americans across the Nation held their 
breath--praying that violence would not erupt. Once again, the lives of 
children were placed in jeopardy. But thankfully, this time, the 
children--and adults--emerged unharmed.
  As we have seen, tragedy can occur in these very tense situations. 
Above all else, we need to ensure that children are kept out of these 
situations in the future. People who arm themselves after failing to 
comply with warrants or because they seek to avoid arrest must realize 
that, whether or not it is intended, children are implicated in these 
standoffs. We cannot allow this to continue any longer. We cannot allow 
another child's life to be endangered in this manner.
  Today, I am introducing a bill which seeks to protect children from 
harm in these standoff situations. My bill would make it a crime to 
detain a child when two conditions are met: if a person is trying to 
evade arrest or avoid complying with a warrant, and that person uses 
force, or threatens to use force, against a Federal agent. Any person 
convicted of violating this act would be imprisoned for 10-25 years. If 
a child is injured, the penalty would be increased to 20-35 years. If a 
child is killed, the penalty would be life imprisonment.
  No law can ever assure that children will be kept free from harm. But 
this legislation will help assure that children do not become 
inadvertent, innocent pawns when violent situations arise. It will 
provide a deterrent to involving a child in any standoff--and severe 
penalties for those who ignore the law.
  Tense standoffs between Federal law enforcement officers and hostile 
fugitives are no place for children. This bill will help encourage the 
removal of innocent children from such dangerous situations. As a 
nation, we should not tolerate the use of children as pawns or human 
shields when people choose to evade the laws of this land. I hope my 
colleagues support this important piece of legislation.
                                 ______