[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[Senate]
[Pages S11027-S11028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CARJACKING CORRECTION ACT OF 1996

  The bill (S. 2006) to clarify the intent of Congress with respect to 
the Federal carjacking prohibition, was considered.
  Mr. HATCH. Mr. President, I rise in strong support of the Carjacking 
Correction Act of 1996, a bill I introduced earlier this year. This 
bill adds an important clarification to the Federal carjacking statute, 
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 has long been a leader in 
addressing

[[Page S11028]]

the threat of violence against women, and demonstrates that again 
today.
  I also want to thank Representative John Conyers, the ranking member 
of the House Judiciary Committee, who brought this matter to my 
attention, and has led the effort in the House for passage of this 
legislation.
  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 by an armed thug. 
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 I introduced this year, S. 2006, would do this, by 
specifically including rape as serious bodily injury under the statute.
  I urge my colleagues to support this bill, and anticipate its swift 
passage.
  The bill (S. 2006) was ordered to be engrossed for a third reading, 
was read the third time, and passed; as follows:

                                S. 2006

       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 ``Carjacking Correction Act of 
     1996''.

     SEC. 2. CLARIFICATION OF INTENT OF CONGRESS WITH RESPECT TO 
                   THE FEDERAL CARJACKING PROHIBITION.

       Section 2119(2) of title 18, United States Code, is amended 
     by inserting ``, including any conduct that, if the conduct 
     occurred in the special maritime and territorial jurisdiction 
     of the United States, would violate section 2241 or 2242 of 
     this title'' after ``(as defined in section 1365 of this 
     title)''.

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