[Congressional Record Volume 143, Number 124 (Wednesday, September 17, 1997)]
[Senate]
[Page S9521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon (for himself and Mr. Hatch):
  S. 1189. A bill to increase the criminal penalties for assaulting or 
threatening Federal judges, their family members, and other public 
servants, and for other purposes; to the Committee on the Judiciary.


              the federal judiciary protection act of 1997

  Mr. SMITH of Oregon. Mr. President, former Secretary of State, John 
Foster Dulles once stated that ``Of all the tasks of government, the 
most basic is to protect its citizens against violence.'' While this 
has been one of our biggest challenges, Congress has the ability to 
also strengthen those laws that deter violence and provide protection 
to those whose careers are dedicated to protecting our families and 
also our communities.
  With that intent, I rise today with my colleague, Senator Hatch, to 
introduce the Federal Judiciary Protection Act, a bill to provide 
greater protection to Federal law enforcement officials and their 
families. Under current law, a person who assaults, attempts to 
assault, or who threatens to kidnap or murder a member of the immediate 
family of a U.S. official, a U.S. judge, or a Federal law enforcement 
official, is subject to a punishment of a fine or imprisonment of up to 
5 years, or both. This legislation seeks to expand these penalties in 
instances of assault with a weapon and a prior criminal history. In 
such cases, an individual could face up to 20 years in prison.
  This legislation would also strengthen the penalties for individuals 
who communicate threats through the mail. Currently, individuals who 
knowingly use the U.S. Postal Service to deliver any communication 
containing any threat are subject to a fine of up to $1,000 or 
imprisonment of up to 5 years. Under this legislation, anyone who 
communicates a threat could face imprisonment of up to 10 years.
  Briefly, I would like to share an example illustrating the need for 
this legislation. In my State of Oregon, Chief Judge Michael Hogan and 
his family were subjected to frightening, threatening phone calls, 
letters, and messages from an individual who had been convicted of 
previous crimes in Judge Hogan's courtroom. For months, he and his 
family lived with the fear that these threats to the lives of his wife 
and children could become reality, and, equally disturbing, that the 
individual could be back out on the street again in a matter of a few 
months, or a few years.
  Judge Hogan and his family are not alone. In April of this year, the 
wife of a circuit court judge in Florida was stalked by an individual 
who had been convicted of similar offenses in 1994 and 1995. Mrs. Linda 
Cope, the wife of Circuit Judge Charles Cope was leaving a shopping 
mall one afternoon and as pursued by a man named Stelios Kostakis. As 
she left the parking lot, she realized that she was being followed and 
attempted to lose Kostakis by taking alternative routes and speeding 
through residential streets. In a desperate attempt, Mrs. Cope cut in 
front of a semitrailer truck, risking a serious accident and possible 
loss of life, to escape. Even after this third offense, stalking the 
wife of a circuit court judge, he was sentenced to only 6 months on 
probation and $150 in fines and other court costs.
  In September 1996, Lawrence County Judge Dominick Motto was stalked, 
harassed, and subjected to terrorist threats by Milton C. Reiguert, who 
was upset by a verdict in a case that Judge Motto had heard in his 
courtroom. After hearing the verdict, Reiguert stated his intention to 
``point a rifle at his head and get what he wanted.''
  Mr. President, these are only a few examples of vicious acts focused 
at our Federal law enforcement officials. As a member of the 
legislative branch, I believe it is our responsibility to provide 
adequate protection to all Americans who serve to protect the life and 
liberty of every citizen in this Nation. I encourage my colleagues to 
join us in sponsoring this important legislation.
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