HR 196 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 196CommentsClose CommentsPermalink

To amend title 18, United States Code, with respect to the offense of stalking.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 6, 2011CommentsClose CommentsPermalink

Ms. LORETTA SANCHEZ of California (for herself, Ms. FOXX, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 18, United States Code, with respect to the offense of stalking.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Simplifying The Ambiguous Law, Keeping Everyone Reliably Safe Act of 2011’ or the ‘STALKERS Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. STALKING.

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

‘Sec. 2261A. Stalking

‘(a) Whoever, with intent to kill, physically injure, harass, or intimidate a person, or place under surveillance with the intent to kill, physically injure, harass, or intimidate a person, travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, and in the course of, or as a result of, such travel--CommentsClose CommentsPermalink





‘(1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; orCommentsClose CommentsPermalink





‘(2) engages in conduct that would be reasonably expected to cause the other person serious emotional distress;CommentsClose CommentsPermalink





shall be punished as provided in subsection (c).CommentsClose CommentsPermalink





‘(b) Whoever, with intent to kill, physically injure, harass, or intimidate a person, engages in a course of conduct in or substantially affecting interstate or foreign commerce that--CommentsClose CommentsPermalink





‘(1) causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; orCommentsClose CommentsPermalink





‘(2) occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress;CommentsClose CommentsPermalink





shall be punished as provided in subsection (c).CommentsClose CommentsPermalink





‘(c) The punishment for an offense under this section is the same as that for an offense under section 2261, except that--CommentsClose CommentsPermalink





‘(1) if the offense involves conduct in violation of a protection order; andCommentsClose CommentsPermalink





‘(2) if the victim of the offense is under the age of 18 years or over the age of 65 years, the offender has reached the age of 18 years at the time the offense was committed, and the offender knew or should have known that the victim was under the age of 18 years or over the age of 65 years;CommentsClose CommentsPermalink





the maximum term of imprisonment that may be imposed is increased by 5 years over the term of imprisonment otherwise provided for that offense in section 2261.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The item relating to section 2261A in the table of sections at the beginning of chapter 110A of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘2261A. Stalking.’.CommentsClose CommentsPermalink

SEC. 3. BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING LAWS TO BE INCLUDED IN ANNUAL REPORT OF THE ATTORNEY GENERAL.

In the annual report under section 529 of title 28, United States Code, the Attorney General shall--CommentsClose CommentsPermalink





(1) include an evaluation of Federal, tribal, State, and local efforts to enforce laws relating to stalking; andCommentsClose CommentsPermalink





(2) identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws.CommentsClose CommentsPermalink

SEC. 4. PAYGO COMPLIANCE.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink