STALKERS Act of 2010

Mr. Speaker, I yield myself such time as I may consume.

First, let me say, Mr. Speaker, both as a Member of Congress and as the former attorney general of the State of California, I have long been concerned with the plight of those who have been victimized by crime. The anti-stalking law we had in the State of California was one that we worked with local law enforcement on and the agents that worked for me also worked on that in coordination with the local law enforcement officers. Certainly, those who have suffered from the threats of stalkers warrant our concern and our action.

I also would like to acknowledge the work, the pioneering work, that was done by the gentleman from California (Mr. Royce) on this with the original Federal anti-stalking legislation.

I certainly appreciate the motivations and efforts of the gentlewoman from California who brings this bill here today in an effort to respond to this serious issue.

However, I must suggest that legislation of this magnitude is of sufficient importance that it warrants attention by our committee commensurate with the serious nature of the stalking issue. Regrettably, we have had no hearings on this bill, no markups, no legislative process of any kind. Until this evening, we did not even know the full contents of this bill, and now Members are being asked to vote on it.

Further, it's my understanding the bill was added to the suspension calendar late last night. I understand that we may need to revisit the Federal statute now if this is not adequate to protect the victims of stalking. But having just received a copy of the final version of this legislation this evening, I do wish we had had more time to devote to this important bill.

Certainly, victims of emotionally and physically devastating crimes like stalking deserve the very best this Congress can produce, rather than us perhaps making some errors in the bill that we are considering, particularly a bill that was finalized an hour before votes. Although this bill comes to the floor under suspension of the rules, the lack of process surrounding this vote seems to have suspended all of the rules, unfortunately.

Nevertheless, the proposal does address issues of legitimate concern to stalking victims.

I, therefore, support this measure, and I would argue that all Members should support this measure. However, I do feel it necessary to register strong disappointment considering the method with which this bill has been brought to the floor.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I do rise in support of this bill. Anybody who has spoken with or in any way had an opportunity to meet with those who have been the victims of stalkers understands the terrible emotional impact that this illegal activity can have. Oftentimes, it is an act precedent to actual physical harm; but even when actual physical harm is not done, the emotional toll is, in fact, real and extensive.

This bill, I think, furthers the interest that we have in the Federal anti-stalking law, but at the same time I do register my reservation about the manner in which it was brought forward without full consultation with those of us on this side of the aisle on the committee.

Nonetheless, it's a good idea. I urge my colleagues to support it, and I hope it gets unanimous support.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5662) to amend title 18, United States Code, with respect to the offense of stalking, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

I yield myself such time as I may consume.

Mr. Speaker, the STALKERS Act of 2010 makes a number of changes in the United States Code with respect to the offense of stalking. It clarifies, strengthens, and enhances the current law.

First it allows law enforcement to intervene in cases where a victim may not be aware of the seriousness of the threat before it's too late. The existing statute requires a person have reasonable fear of bodily injury or to undergo emotional distress. These injuries are difficult to demonstrate, often frustrating both victims and prosecutors.

H.R. 5662 addresses this problem by permitting law enforcement to intervene in any event of stalking that might reasonably be expected to cause another person serious emotional distress. This small change will go a long way towards both effective law enforcement and justice for victims.

Second, the bill reaches criminals who make use of new technologies to stalk their victims. It extends the law to any course of conduct in or substantially affecting interstate commerce, which will apply to cyberstalking, acts of surveillance and other forms of stalking that employ emerging technologies.

Third, the bill takes several steps towards more effective enforcement of the Federal stalking statute and other

stalking laws. It increases the maximum term of imprisonment by 5 years if a criminal violates a protection order or if the victim is under the age of 18 or over the age of 65.

The bill also requires the Attorney General to conduct a annual study of best practices and enforcement of stalking laws nationwide. In short, this legislation updates current law to target the full range of behavior that stalkers direct towards their victims. It will help law enforcement seek justice, help victims seek closure, and increase protections of the most vulnerable amongst us.

I want to thank the gentlewoman from California (Ms. Loretta Sanchez) for her hard work and advocacy on behalf of victims of stalking. I ask my colleagues to join me in supporting this bipartisan legislation.

I reserve the balance of my time.

Mr. Speaker, I yield such time as she may consume to a strong advocate for victims of stalking, the gentlewoman from California (Ms. Loretta Sanchez).

Mr. Speaker, I yield myself such time as I may consume.

I want to thank my colleague from California (Mr. Daniel E. Lungren) for his support and the gentlelady from California (Ms. Loretta Sanchez) for her strong advocacy on behalf of victims of stalking. I hope that we will pass the bill.

Mr. Speaker, I yield back the balance of my time.

I thank our chairman, Bobby Scott, for bringing this forward and to Chairman Conyers for bringing this forward.

You know, about a year and a half ago we put the first stalking legislation together for what we call the UCMJ, the Uniform Code of Military Justice. That is the code or the laws that govern our military. Since I am the ranking woman on all military issues here, I was the author of that.

Having looked at that and done that for the military code, I thought about all the issues that were still outstanding in the current Federal civil code. So I am here today to thank you, Mr. Chairman, for allowing me to bring this long overdue piece of legislation, the STALKERS Act of 2010.

Representative Virginia Foxx of North Carolina and I have bridged party lines to introduce H.R. 5662, and I want to thank her for her leadership on this issue. There is also a companion bill that will be introduced in the Senate, we hope, next week.

No one can deny that the Internet is a remarkable tool, capable of connecting billions of people throughout the world. Unfortunately, it has also proven to be an effective weapon for stalkers to prey on innocent people.

Current Federal stalking statutes simply have not caught up with what is going on with the new tools and the emerging technologies that criminals have at their disposal. So the STALKERS Act would bring our lives into the 21st century by giving law enforcement the tools that it needs to combat stalking in the digital age.

The STALKERS Act would protect victims and empower prosecutors by increasing the scope of existing laws to cover acts of electronic monitoring, including spyware, bugging, video surveillance and other new technologies as they develop. Currently, Federal laws cannot be enforced unless stalking victims can demonstrate that they are in reasonable fear of physical injury. Because stalking is often a gateway to more violent acts, by the time a victim can actually demonstrate that they have ``reasonable fear,'' it may be too late.

So the STALKERS Act lowers the threshold for action by permitting law enforcement to prosecute any act of stalking that is reasonably expected to cause another person serious emotional distress. Our laws should help to protect the victims, not serve as a roadblock to their safety.

This legislation helps to do that. At its core, stalking is about power and control. It is a violation of the worst kind and our justice system needs every single tool available to combat this crime.

I am proud to have introduced this STALKERS Act, and I urge my colleague to pass this bill. It is time we fight against stalking and other forms of harassment and intimidation and be on the side of victims.

Madam Speaker, I move that the House do now adjourn.

The motion was agreed to; accordingly (at 10 o'clock and 50 minutes p.m.), the House adjourned until tomorrow, Wednesday, July 28, 2010, at 10 a.m.