HR 5662 IH
To amend title 18, United States Code, with respect to the offense of stalking.
July 1, 2010
Ms. LORETTA SANCHEZ of California introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 18, United States Code, with respect to the offense of stalking.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Simplifying The Ambiguous Law, Keeping Everyone Reliably Safe Act of 2010' or the `STALKERS Act of 2010'.
SEC. 2. STALKING.
(a) In General- Section 2261A of title 18, United States Code, is amended to read as follows:
`Sec. 2261A. Stalking
`(a) Whoever, with intent to kill, physically injure, harass, or intimidate a person, engages in any conduct in or affecting interstate or foreign commerce or in the special maritime and territorial jurisdiction of the United States 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 (b).
`(b) 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, 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; and
`(2) if the victim of the offense is under the age of 18 years, the maximum term of imprisonment that may be imposed is increased by 10 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.'.
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--
(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.
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