[Congressional Record Volume 143, Number 119 (Wednesday, September 10, 1997)]
[Extensions of Remarks]
[Page E1709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1709]]


                 PROTECTION FROM PERSONAL INTRUSION ACT

                                 ______
                                 

                            HON. SONNY BONO

                             of california

                    in the house of representatives

                     Wednesday, September 10, 1997

  Mr. BONO. Mr. Speaker, today I rise to introduce the Protection from 
Personal Intrusion Act, a measure that is badly needed and long 
overdue. Recent tragic events have punctuated the danger and bring this 
problem near to all of us from the forefront of the world's attention. 
I must, however, assure you that this is a long-standing problem 
suffered by many of the wonderful people I have known and admired. In 
truth, this is a victims' rights bill. Allowing someone to suffer at 
your hand is an outrageous offense. Allowing someone to be violated and 
not have legal rights or recourse available is a failing on our behalf.
  Briefly, I wish to explain the background for this legislation. 
Congress has a duty to balance a variety of interests, including the 
first amendment, the public's right-to-know, and the public safety and 
order. The first amendment is a cherished concept that comes from the 
genius of our Founding Fathers. Yet it is without doubt that the 
activities of the bounty-hunting paparazzi go beyond the robust public 
discourse envisioned by the Founders. No legitimate media need to 
encourage or utilize these abusive practices that often rise to 
stalking, harassment, assault and other violent conduct.
  In section 1, the short title is listed. In section 2, a new Federal 
criminal offense prohibiting certain violent conduct is defined by 
adding to chapter 89 of title 18 United States Code a new section, sec. 
1822. In my view, there is a definite need for the Federal Government's 
role in this area. First, it is important to ensure this protection is 
uniformly guaranteed throughout the Nation. The States are also free to 
address this issue concurrently as they deem fit. In addition, I urge 
the States to continue strenuously enforcing their own laws in this 
area. Further, I hope that they complement this law in new ways to 
preserve the public order and safety. I have tried to word this 
legislation carefully enough to include the situations we can expect 
and yet broadly enough to be flexible to consider the range of possible 
behavior the victims may encounter. Under the bill, criminal liability 
for this type of heinous behavior against any member of the public 
includes a jail sentence of up to 20 years and a fine depending on the 
nature of offense.
  Further, the bill creates a new corresponding civil cause of action 
and defines the jurisdiction for such cases of the victims of this 
intolerable and intrusive behavior against the shameless perpetrators. 
This civil liability complements the criminal offense section.
  Next, three last substantive measures are provided. I am aware that 
there are legitimate first amendment concerns that such liability may 
chill the legitimate media. Here, the bill makes it clear that nothing 
in this act may be construed to make the sale, transmission, 
publication, broadcast or use of such recordings that are obtained in 
an otherwise lawful manner subject to criminal charge or civil 
liability. Likewise, under my bill, liability is limited to the actual 
perpetrators who are physically present and commit the offense 
described but does not extend to the editors, publishers or other 
related organizations. Of course, such organizations may be liable 
under the operation of other legal mechanisms. In addition, there is a 
law enforcement exemption that applies to legitimate law enforcement 
activities. While certainly the police are not acting as freelance 
paparazzi, we must make certain that as a practical matter they are not 
subject to groundless suits while protecting our public safety.
  In designing this legislation, I am addressing an intrusive type of 
conduct that transcends decency and respect. It has no role in a 
civilized society or as part of legitimate news gathering. While I 
focus on activity that is wholly outside the protection of the first 
amendment, I took care to balance the important values behind the 
freedom of the press and individual safety. There is a very specific 
problem at hand, and this bill is drafted to be its narrowly-tailored 
solution. It is my hope that all of my colleagues will join me in 
supporting this legislation, so we can protect our public safety and 
prevent the further victimization of the innocent.

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