H.R. 196 – Reading Mode

112th CONGRESS

1st Session

H. R. 196

IN THE HOUSE OF REPRESENTATIVES

January 6, 2011

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 concerned

A BILL

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

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.

Stalking

(a)

In general

Section 2261A of title 18, United States Code, is amended to read as follows:

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—

(1)

causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or

(2)

engages in conduct that would be reasonably expected to cause the other person serious emotional distress;

shall be punished as provided in subsection (c).

(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—

(1)

causes or attempts to cause bodily injury or serious emotional distress to a person other than the person engaging in the conduct; or

(2)

occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress;

shall be punished as provided in subsection (c).

(c)

The punishment for an offense under this section is the same as that for an offense under section 2261, except that—

(1)

if the offense involves conduct in violation of a protection order; and

(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;

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.

(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:

2261A. Stalking.

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—

(1)

include an evaluation of Federal, tribal, State, and local efforts to enforce laws relating to stalking; and

(2)

identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws.

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.