[Congressional Record Volume 142, Number 115 (Wednesday, July 31, 1996)]
[Senate]
[Pages S9299-S9300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Biden, Mr. Thurmond, and Mr. 
        Grassley):
  S. 2006. A bill to clarify the intent of Congress with respect to the 
Federal carjacking prohibition.


                 the carjacking correction act of 1996

  Mr. HATCH. Mr. President, I rise to introduce the Carjacking 
Correction Act of 1996. This bill adds an important clarification to 
the Federal carjacking statute, which is to provide that a rape 
committed during a carjacking should be considered a serious bodily 
injury.
  I am pleased to be joined in this effort by the ranking member of the 
Judiciary Committee, Senator Biden. He

[[Page S9300]]

has long been a leader in addressing the threat of violence against 
women, and our partnership in enacting the Violence Against Women Act 
is evidence of strong bipartisan outrage at every incident of assault 
or domestic violence.
  This correction to the law is necessitated by the fact that at least 
one court has held that under the Federal carjacking statute, rape 
would not constitute a serious bodily injury. Few crimes are as brutal, 
vicious, and harmful to the victim than rape. Yet, under this 
interpretation, the sentencing enhancement for such injury may not be 
applied to a carjacker who brutally rapes his victim.
  In my view, Congress should act now to clarify the law in this 
regard. The bill we introduce today would do this by specifically 
including rape as serious bodily injury under the statute.
  I want to thank Representative John Conyers, the ranking member of 
the House Judiciary Committee, who brought this matter to my attention 
and is leading the effort in the House for passage of this legislation.
  I urge my colleagues to support swift passage of this bill.
                                 ______