[House Report 106-455]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-455

======================================================================



 
         STALKING PREVENTION AND VICTIM PROTECTION ACT OF 1999

                                _______
                                

November 5, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 1869]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1869) amending title 18, United States Code, to 
expand the prohibition on stalking, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Purpose and Summary........................................           2
Background and Need for the Legislation....................           3
Hearings...................................................           4
Committee Consideration....................................           4
Vote of the Committee......................................           5
Committee Oversight Findings...............................           5
Committee on Government Reform Findings....................           5
New Budget Authority and Tax Expenditures..................           5
Congressional Budget Office Cost Estimate..................           5
Constitutional Authority Statement.........................           6
Section-by-Section Analysis and Discussion.................           6
Changes in Existing Law Made by the Bill, as Reported......           7
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stalking Prevention and Victim 
Protection Act of 1999''.

SEC. 2. EXPANSION OF THE PROHIBITION ON STALKING.

    (a) In General.--Section 2261A of title 18, United States Code, is 
amended to read as follows:

``Sec. 2261A. Stalking

    ``(a) Whoever--
            ``(1) for the purpose of stalking an individual, travels or 
        causes another to travel in interstate or foreign commerce, 
        uses or causes another to use the mail or any facility in 
        interstate or foreign commerce, or enters or leaves, or causes 
        another to enter or leave, Indian country; or
            ``(2) within the special maritime and territorial 
        jurisdiction of the United States or within Indian country, 
        stalks an individual;
shall be punished as provided in section 2261.
    ``(b) For purposes of this section--
            ``(1) a person stalks an individual if that person engages 
        in conduct--
                    ``(A) with the intent to injure or harass the 
                individual; and
                    ``(B) that places the individual in reasonable fear 
                of the death of, or serious bodily injury (as defined 
                for the purposes of section 2119) to, that individual 
                or a member of that individual's immediate family; and
            ``(2) the term `member of that individual's immediate 
        family' means that individual's parent, child, sibling, or 
        spouse or intimate partner.
    ``(c) The court shall at the time of sentencing for an offense 
under this section issue an appropriate protection order designed to 
protect the victim from further stalking by the convicted person, to 
remain in effect until otherwise ordered by the court after notice to 
the victim and opportunity for a hearing.''.
    (b) Detention Pending Trial.--Section 3156(a)(4)(C) of title 18, 
United States Code, is amended by inserting ``, or section 2261A'' 
after ``117''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 110A of title 18, United States Code, is amended by striking 
the item relating to section 2261A and inserting the following:

4``2261A. Stalking.''.

                          Purpose and Summary

    The purpose of H.R. 1869, the ``Stalking Prevention and 
Victim Protection Act of 1999,'' is 1) to expand the reach of 
the Federal stalking statute to prosecute stalkers who are 
currently beyond the reach of Federal law enforcement but are 
deserving of Federal prosecution, and 2) to better protect 
stalking victims by authorizing pretrial detention for alleged 
stalkers and mandating the issuance of civil protection orders 
against convicted stalkers. The bill would make several 
significant changes or additions to current law. First, it 
would expand Federal jurisdiction over stalking to reach 
stalkers who use the mail or any facility in interstate or 
foreign commerce to stalk their victims. Second, H.R. 1869 
would require that a Federal court, when sentencing a defendant 
convicted of stalking, issue a protection order designed to 
protect the victim from further stalking. Third, H.R. 1869 
would permit a Federal court to order the detention of an 
alleged stalking defendant pending trial in order to assure the 
safety of the community or the defendant's appearance at trial.

                Background and Need for the Legislation

    The first anti-stalking law was passed only nine years ago 
in California. Since then, all 50 States have enacted stalking 
statutes of one form or another. Congress passed the first 
Federal stalking law in 1996 as part of the National Defense 
Authorization Act for Fiscal Year 1997. That law states in 
pertinent part that:

        Whoever travels across a State line or within the 
        special maritime and territorial jurisdiction of the 
        United States with the intent to injure or harass 
        another person, and in the course of, or as a result 
        of, such travel places that person in reasonable fear 
        of the death of, or serious bodily injury . . . to, 
        that person or a member of that person's immediate 
        family . . . shall be punished. . . .'' 18 U.S.C. 
        Sec. 2261A.

    Federal jurisdiction over a stalking crime is triggered 
when a stalker travels across a State line with the intent to 
injure or harass a person and his conduct places that person in 
reasonable fear of death or bodily injury.\1\ The physical 
travel requirement precludes the Federal prosecution of 
stalkers who use other means of communication to stalk their 
victims. Under current law, a stalker is not subject to Federal 
for using the mail, the telephone, or Internet to threaten or 
harass another person. With the explosive growth of the 
Internet and other telecommunications technologies, there is 
evidence that cyberstalking--stalking using advanced 
communications technologies--is becoming a serious problem. A 
1999 Department of Justice report entitled Cyberstalking: A New 
Challenge for Law Enforcement and Industry estimated that 
``there may be potentially tens or even hundreds of thousands 
of victims of recent cyberstalking incidents in the United 
States.'' The report defined cyberstalking and explained why it 
poses a very real threat to its victims:
---------------------------------------------------------------------------
    \1\ Jurisdiction is also triggered when a defendant stalks an 
individual within the special maritime and territorial jurisdiction of 
the United States.

          Although there is no universally accepted definition 
        of cyberstalking, the term is used in this report to 
        refer to the use of the Internet, e-mail, and other 
        electronic communications devices to stalk another 
        person. Stalking generally involves harassing or 
        threatening behavior that an individual engages in 
        repeatedly, such as following a person, appearing at a 
        person's home or place of business, making harassing 
        phone calls, leaving written messages or objects, or 
        vandalizing a person's property. Most stalking laws 
        require that the perpetrator make a credible threat of 
        violence against the victim; others include threats 
        against the victim's immediate family; and still others 
        require only that the alleged stalker's course of 
        conduct constitute an implied threat. While some 
        conduct involving annoying or menacing behavior might 
        fall short of illegal stalking, such behavior may be a 
        prelude to stalking and violence and should be treated 
---------------------------------------------------------------------------
        seriously.

        * * *
          Although online harassment and threats can take many 
        forms, cyberstalking shares important characteristics 
        with offline stalking. Many stalkers--online or off--
        are motivated by a desire to exert control over their 
        victims and engage in similar types of behavior to 
        accomplish this end.

        * * *
          The fact that cyberstalking does not involve physical 
        contact may create the misperception that it is more 
        benign than physical stalking. This is not necessarily 
        true . . . Finally, as with physical stalking, online 
        harassment and threats may be a prelude to more serious 
        behavior, including physical violence.

    The Subcommittee on Crime heard testimony on the increasing 
incidence of cyberstalking and how it can escalate to physical 
stalking and violence. H.R. 1869 would be the first amendment 
to the Federal stalking statute since its enactment in 1996 and 
would help Federal prosecutors respond to predatory stalking 
behavior that is presently beyond their reach, such as 
cyberstalking and stalking using the mail and telephone.
    H.R. 1869 would also amend the Federal stalking statute to 
require that a Federal judge, when sentencing a defendant 
convicted of stalking, issue a civil protection order designed 
to protect the victim from further stalking by the defendant. 
Research has shown that some stalkers remain interested in 
their target(s) for years, even after they have been 
prosecuted, convicted and incarcerated for stalking. A civil 
protection order would permit a Federal court to maintain 
jurisdiction over a convicted stalker after the completion of 
the sentence imposed for the crime, both to reduce the threat 
of future stalking by the defendant and to provide an 
enforcement mechanism should the order be violated.
    Research has also shown that stalking victims run a higher 
risk of being assaulted or even killed immediately after the 
criminal justice system intervenes; that is, when the stalker 
is arrested. H.R. 1869 seeks to reduce this risk to stalking 
victims by permitting a Federal court to order the detention of 
an alleged stalker pending trial in order to assure the safety 
of the victim and the community as well as the defendant's 
appearance at trial.

                                Hearings

    The Subcommittee on Crime held a one day legislative 
hearing on H.R. 1869 on September 29, 1999. Testifying on the 
bill was Robert Fein, Forensic Psychologist for the National 
Threat Assessment Office, U.S. Secret Service; David Beatty, 
Director of Public Policy, National Center for Victims of 
Crime; and Jayne A. Hitchcock, a victim of stalking.

                        Committee Consideration

    On October 13, 1999, the Subcommittee on Crime met in open 
session and ordered favorably reported the bill H.R. 1869 with 
one amendment by voice vote, a quorum being present. On 
November 2, 1999, the committee met in open session and ordered 
reported favorably the bill H.R. 1869 with one amendment in the 
nature of a substitute by voice vote, a quorum being present.

                         Vote of the Committee

    Mr. McCollum offered an amendment in the nature of a 
substitute that made a number of substantive changes to bill. 
The amendment was agreed to by voice vote. The chairman moved 
to favorably report H.R. 1869, as amended, to the House. The 
motion was agreed to by voice vote.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the committee reports 
that the findings and recommendations of the committee, based 
in oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the committee sets 
forth, with respect to the bill H.R. 1869, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 4, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1869, the Stalking 
Prevention and Victim Protection Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.
H.R. 1869--Stalking Prevention and Victim Protection Act of 1999.
    CBO estimates that implementing H.R. 1869 would not result 
in any significant cost to the Federal Government. Because 
enactment of H.R. 1869 could affect direct spending and 
receipts, pay-as-you-go procedures would apply to the bill. 
However, CBO estimates that any impact on direct spending and 
receipts would not be significant. H.R. 1869 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
State, local, or tribal governments.
    H.R. 1869 would expand the current federal laws against 
stalking. As a result, the Federal Government would be able to 
pursue cases that it otherwise would not be able to prosecute. 
CBO expects that any increase in federal costs for law 
enforcement, court proceedings, or prison operations would not 
be significant, however, because of the small number of cases 
likely to be involved. Any such additional costs would be 
subject to the availability of appropriated funds.
    Because those prosecuted and convicted under H.R. 1869 
could be subject to criminal fines, the Federal Government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
governmental receipts (revenues), which are deposited in the 
Crime Victims Fund and spent in subsequent years. CBO expects 
that any additional receipts and direct spending would be less 
than $500,000 each year.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Sec. 1. Short Title.
    This section provides that the Act may be cited as the 
``Stalking Prevention and Victim Protection Act of 1999.''
Sec. 2. Expansion of the prohibition on stalking.
    This section would rewrite the Federal stalking statute, 18 
U.S.C. section 2261A , and divide the new section 2261A into 
three paragraphs. Subparagraph (1) of paragraph (a) of section 
2261A would expand jurisdiction over stalking to enable the 
prosecution of individuals who are currently beyond the reach 
of Federal law enforcement but deserving of Federal 
prosecution. Under current law, Federal jurisdiction over a 
stalking crime is triggered when a stalker travels across a 
State line with the intent to injure or harass an individual 
and his or her conduct places that individual in reasonable 
fear of death or bodily injury. \2\ As amended by H.R. 1869, a 
stalker could also be prosecuted if he or she uses, or causes 
another to use, the mail or any facility of interstate or 
foreign commerce--such as the Internet--to stalk an individual. 
\3\
---------------------------------------------------------------------------
    \2\ Jurisdiction is also triggered when a defendant stalks an 
individual within the special maritime and territorial jurisdiction of 
the United States.
    \3\ Federal jurisdiction would also be expanded to stalkers who 
enter or leave Indian Country or cause another to enter or leave Indian 
Country in the course of committing a stalking offense.
---------------------------------------------------------------------------
    Subparagraph (2) of paragraph (a) of section 2261A would 
explicitly expand Federal jurisdiction over stalking offenses 
that occur within Indian country.
    Subparagraph (1) of paragraph (b) would define conduct that 
constitutes stalking. That is, a person stalks an individual if 
he or she engages in conduct with the intent to injure or 
harass an individual and that conduct places the individual in 
reasonable fear of death or serious bodily injury or the death 
or serious bodily injury of a member of that individual's 
immediate family.
    Subparagraph (2) of paragraph (b) would define the term 
``member of that individual's immediate family'' to mean that 
individual's parent, child, sibling, or spouse or intimate 
partner. The material change to current law would be the 
inclusion of the term ``intimate partner''--such as a boyfriend 
or girlfriend--within the definition. Current law, 18 U.S.C. 
section 2266, defines the term ``spouse or intimate partner'' 
as: a) a spouse, a former spouse, a person who shares a child 
in common with the abuser, and a person who cohabits or has 
cohabited with the abuser as a spouse; and b) any other person 
similarly situated to a spouse who is protected by domestic or 
family violence laws of the State in which the injury occurred 
or where the victim resides.
    Paragraph (c) of section 2261A would require that a Federal 
judge, when sentencing a defendant convicted of stalking, issue 
a protection order designed to protect the victim from further 
stalking by the defendant. Such a protection order would run 
concurrently with any ``stay away'' order made a part of the 
sentence entered against the defendant following his 
conviction, and it would remain in effect until otherwise 
ordered by the court after notice to the victim and an 
opportunity for a hearing.
    Paragraph (b) of H.R. 1869 would amend the term ``crime of 
violence,'' as defined by 18 U.S.C. section 3156(4)(C), to 
permit a court to order the detention of an alleged stalking 
defendant pending trial in order to assure the safety of the 
community or the defendant's appearance at trial pursuant to 
the pretrial detention statute 18 U.S.C. section 3142(f).
    Paragraph (c) of H.R. 1869 would make one clerical 
amendment to Chapter 110A of Title 18, United States Code.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

                            PART I--CRIMES

           *       *       *       *       *       *       *


              CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

Sec.
2261. Interstate domestic violence.
[2261A. Interstate stalking.]
2261A. Stalking.
     * * * * * * *

[Sec. 2261A. Interstate stalking

    [Whoever travels across a State line or within the special 
maritime and territorial jurisdiction of the United States with 
the intent to injure or harass another person, and in the 
course of, or as a result of, such travel places that person in 
reasonable fear of the death of, or serious bodily injury (as 
defined in section 1365(g)(3) of this title) to, that person or 
a member of that person's immediate family (as defined in 
section 115 of this title) shall be punished as provided in 
section 2261 of this title.]

Sec. 2261A. Stalking

    (a) Whoever--
            (1) for the purpose of stalking an individual, 
        travels or causes another to travel in interstate or 
        foreign commerce, uses or causes another to use the 
        mail or any facility in interstate or foreign commerce, 
        or enters or leaves, or causes another to enter or 
        leave, Indian country; or
            (2) within the special maritime and territorial 
        jurisdiction of the United States or within Indian 
        country, stalks an individual;
shall be punished as provided in section 2261.
    (b) For purposes of this section--
            (1) a person stalks an individual if that person 
        engages in conduct--
                    (A) with the intent to injure or harass the 
                individual; and
                    (B) that places the individual in 
                reasonable fear of the death of, or serious 
                bodily injury (as defined for the purposes of 
                section 2119) to, that individual or a member 
                of that individual's immediate family; and
            (2) the term ``member of that individual's 
        immediate family'' means that individual's parent, 
        child, sibling, or spouse or intimate partner.
    (c) The court shall at the time of sentencing for an 
offense under this section issue an appropriate protection 
order designed to protect the victim from further stalking by 
the convicted person, to remain in effect until otherwise 
ordered by the court after notice to the victim and opportunity 
for a hearing.

           *       *       *       *       *       *       *


                     PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


    CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3156. Definitions

    (a) As used in sections 3141-3150 of this chapter--
            (1) * * *

           *       *       *       *       *       *       *

            (4) the term ``crime of violence'' means--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) any felony under chapter 109A, 110, or 
                117, or section 2261A; and

           *       *       *       *       *       *       *


                                  
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